Author Archives: SHG

Next Up, Naturalized Citizens Trump Doesn’t Like (Update)

Zohran Mamdani and Elon Musk have two things in common. They are both naturalized American citizens, and they have both been mentioned as targets of denaturalization by Trump in the past few days. More to the point, the Department of Justice under the auspices of Attorney General Pam Bondi has issued a memorandum as to its civil enforcement that makes denaturalization of American citizens a priority.

The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence. To promote the pursuit of all viable denaturalization cases available under 8 U.S.C. § 1451 and maintain the integrity of the naturalization system while simultaneously ensuring an appropriate allocation of resources, the Civil Division has established the following categories of priorities for denaturalization cases: Continue reading

Tuesday Talk*: Is SCOTUS Up To The Task?

Putting aside whether you believe the Supreme Court of the United States is a bunch of Trump-loving partisan hacks or a more conservative court, but still one that prizes legal principle and integrity despite Justice Thomas’ RV, a secondary problem arises out of its decision staying the universal injunction in Trump v. CASA.

Bear in mind that the Court takes on a relative handful of cases, and even then tends to go no further than absolutely necessary to address the issue before the Court. What this means is that thousands of cases go unreviewed by the Supreme Court, and tens of thousand of issues go unresolved, left to some other day in the future that may never come. The latter is called judicial humility. The former is called laziness. Continue reading

A Good Trump Judge

Simon Cameron said “A good politician is one who, when he gets bought, stays bought.” But Thom Tillis, senator from North Carolina, wasn’t bought by Trump and decided that he’d had enough of being owned by him. He opposed the Big Beautiful omnibus reconciliation bill, and within a day learned that Trump would crush him for his disloyalty. Tillis’ response was to announce that he would not be running for Senate again. This bill crossed the threshold of shame for Tillis, even if confirming Hegseth, Gabbard, RFJ Jr. and K$sh Patel did not.

David French ekes out an explanation for the Senate Republicans confirming Trump’s cabinet and high office choices, notwithstanding the Constitution’s placing the onus on the Senate to “advise and consent” so that a malignant president didn’t appoint wholly unqualified but unquestionably loyal hacks to those offices. Continue reading

Complete Relief Or Chaos (Update)

Bush hated them. Obama and Biden too. But as Congress became increasingly paralyzed and incapable of real bipartisanship to do the people’s work, president found themselves in the position of either filling the gap by Executive Order or sitting around in the Oval counting their toes in a government incapable of doing much of anything. And so presidents reacted as the most powerful man in the world was wont to do. They grabbed their pen and phone and ran a government.

And when their efforts exceeded their authority, they were smacked with an injunction by a district court judge when someone challenged their authority to act. They hated it. But they complied with it and appealed. No more. Continue reading

Trump Sues The Maryland 15

On behalf of the United States, the Department of Justice has done the bizarre, incomprehensible and incoherent. In the District of Maryland, Trump has sued its political enemies, all 15 judges of the Maryland district court.

In a 22-page complaint, lawyers for the Justice Department noted — as many administration officials have in recent weeks — that courts across the country have issued an avalanche of injunctions against various parts of President Trump’s agenda almost from the moment that he returned to office.

The lawyers sought to set their suit against Judge Russell and his colleagues in that context, saying that the new standing rule intruded on the White House’s inherent powers to “enforce the nation’s immigration laws.”

District of Maryland Chief Judge George Russell III issued a standing order that directed the clerk to automatically enter an injunction in all habeas petitions prohibiting the government from removing aliens for a period of . . . one day.

This lawsuit involves yet another regrettable example of the unlawful use of equitable powers to restrain the Executive. Specifically, Defendants have instituted an avowedly automatic injunction against the federal government, issued outside the context of any particular case or controversy.

Continue reading

Thursday Talk*: What About That Mamdani?

The polls said it wasn’t going to happen. The polls were wrong. Democratic Socialist Zohran Mamdani took the primary and will be the candidate for Mayor of New York City. Was it his policies, free everything and tax the rich? Was it his position on Israel, which wasn’t at all antisemitic but supported globalizing the intifada, which totally didn’t mean kill Jews? Was it defunding the police and warehousing the homeless in the subways?

Was it the fact that he was a young, charismatic, well-spoken, good-looking millennial who knew how to use social media? Continue reading

Should Emil Bove Be Anyone’s “Honor”?

Far be it for me to argue that an assistant United States attorney wouldn’t lie. Some would. Some have. Some do. That said, the lies generally aren’t of the nature of making things up out of whole cloth. They are also not of the nature that could be readily disproven, whether by written evidence or the testimony of a room full of people with similar claims to credibility. Career AUSAs do not tend to lie, or even massage the truth, when there is a strong possibility that they will get nailed to the wall.

Career assistant Erez Reuveni had been on the job for almost 15 years, long before the current administration and throughout Trump 1.0. It wasn’t until he was given the case of Kilmar Abrego Garcia, a matter of such significant profile that it wouldn’t be handed to the office goofball, that a problem arose. Reuveni did the one thing that his DoJ superiors found intolerable. He told Judge Paula Xinis the truth, that the rendition of Abrego Garcia was a mistake. The Trump DoJ doesn’t make mistakes. Or to be more precise, it doesn’t admit to the mistakes it makes. Continue reading

Contempt Rewarded

Why? Who knows. It’s not as if the 6-3 majority of the Supreme Court explained its reasoning. In staying Boston District Judge Brian Murphy’s preliminary injunction against ICE removing aliens to third-party countries without notice or due process, those nifty/nasty details the Court previously admonished Kristi Noem to provide to Kilmar Abrego Garcia and others similarly situated, the Supreme Court did not consider it worthwhile to provide either explanation or guidance.

Or perhaps it did not because, well, there just wasn’t anything rational to say. Continue reading

When The Best Law School Paper Is Racist

The first two sentences of Richard Fausset’s article in the New York Times leaves nothing to the imagination.

Preston Damsky is a law student at the University of Florida. He is also a white nationalist and antisemite.

Remember the old Checkov quote, “Don’t tell me the moon is shining; show me the glint of light on broken glass”? Fuggedaboutit. Fausset leaves nothing to chance, lest you not realize who’s the bad dude in the story before you find out why he’s the bad dude. Damsky took a seminar taught by “Trump-nominated” (and, unmentioned, former federal defender) federal judge, John Badalamenti, which concluded with a paper worth  65% of the grade. Continue reading

Did War Just Start Or Just End?

Not too long ago, many people believed the “predictions” of Nostradamus that the world would end in 2025, and that it would come from war in the middle east, where certain nations were bent on the destruction of the decadent west. Whether or not one was inclined to buy into the metaphysical, there was good reason to fear war in the middle east. One thing that was clear to all, at least then, was that Iran, now under the religious rule of an Ayatollah and the primary supporter of radical Islamic terrorism, could not be trusted to have nuclear weapons.

Was Iran on the verge of having nuclear weapons? Who knows? Bibi Netanyahu has been saying so for years. Whether he was right or wrong, and that Iran’s weapons program was set back by Israeli intervention, is unknown. Much of this, by its nature, is unknown, which is a huge issue following George W. Bush’s assurances that Iraq had weapons of mass destruction. Trust, once squandered, is lost and hard to find again. Continue reading