Administrative State

Blurb:

Former Special Counsel Jack Smith defended his conduct before House lawmakers on Wednesday, insisting behind closed doors that politics had “no role” in the “investigations” and criminal charges he brought against President Donald Trump.

Smith appeared for a deposition with the House Judiciary Committee.

During the hearing, Republicans pressed Smith over his handling of the two federal cases targeting Trump.

One of the cases related to the 2020 election, and another was concerning the alleged retention of classified documents.

Portions of Smith’s opening remarks show the Biden administration prosecutor attempting to portray the cases as strictly legal decisions.

Blurb:

Former special counsel Jack Smith told members of Congress that his team had evidence that President Donald Trump tried to overturn the 2020 presidential election results.

Smith’s case against the president began when former Attorney General Merrick Garland appointed him to lead two Justice Department investigations into Trump: the mishandling of classified documents and his post-2020 election conduct.

From The Associated Press:

Former Justice Department special counsel Jack Smith told lawmakers in a closed-door interview on Wednesday that his team of investigators “developed proof beyond a reasonable doubt” that President Donald Trump had criminally conspired to overturn the results of the 2020 election, according to portions of his opening statement obtained by The Associated Press.

He also said investigators had accrued “powerful evidence” that Trump broke the law by hoarding classified documents from his first term as president at his Mar-a-Lago estate in Palm Beach, Florida, and by obstructing government efforts to recover the records.

Blurb:

The FBI did not believe it had probable cause to raid President Donald Trump’s Mar-a-Lago residence in 2022, but did it anyway after pressure from then-President Joe Biden’s Department of Justice, according to newly uncovered emails.

Emails released by Sen. Chuck Grassley’s office show that officials at the FBI and DOJ communicated about FBI concerns about the warrant in the months leading up to the August raid.

In one June 1 email an unidentified FBI assistant special agent in charge wrote to FBI official Anthony Riedlinger, “Very little has been developed related to who might be culpable for mishandling the documents.”

“[FBI Washington Field Office] has been drafting a Search Warrant affidavit related to these potential boxes, but has some concerns that the information is single source, has not been corroborated, and may be dated. DOJ CES opines, however, that the SWs meet the probable cause standard.” The same agent described the “potential boxes” as “presumably of the same type as were sent back to NARA [National Archives and Records Administration] in January.”

Blurb:

The Wisconsin Supreme Court blocked a bid by the state’s Democrat attorney general to effectively sidestep a U.S. Supreme Court ruling involving a Wisconsin-based Catholic charity.

In its Monday order, the Badger State’s highest court affirmed that the Catholic Charities Bureau (CCB) and its sub-entities are eligible for a sought-after tax exemption status that would allow them to not contribute to Wisconsin’s unemployment system. The decision came months after SCOTUS handed down its ruling on the matter, which favored the Christian organization.

“You’d think Wisconsin would take a 9-0 Supreme Court loss as a hint to stop digging,” Becket Fund for Religious Liberty Vice President and Senior Counsel Eric Rassbach said in a statement. “But apparently Attorney General Kaul and his staff are gluttons for punishment. Thankfully, the Wisconsin Supreme Court put an end to the state’s tomfoolery and confirmed that Catholic Charities is entitled to the exemption it already won.”

CCB first pursued the exemption in 2016 but was repeatedly denied in the years that followed by the state and ultimately, the Wisconsin court system. In rejecting the group’s exemption request, the Wisconsin Supreme Court agreed with the state’s claim that the CCB doesn’t qualify because it didn’t establish that it operates for a primarily religious purpose.

Blurb:

 

The Trump administration blasted U.S. District Judge Judith Levy over the weekend for her “truly wicked” praise and deferential treatment of a predator who stole into the United States multiple times and brutalized an American citizen.

Edys Renan Membreño Díaz, a 30-year-old Honduran national, is presently serving between six and 15 years in a Michigan state prison for raping and sodomizing a woman he knew was incapable of giving consent, who has cerebral palsy and cognitive delays. Díaz, who moved to Michigan in 2021, raped the victim on two occasions: on July 15 and July 17, 2022, leaving her with injuries.

‘This isn’t justice; it’s judicial activism prioritizing criminals over citizens.’

Blurb:

Wisconsin Assistant Attorney General Adrienne Blais did little Monday to challenge the defense’s legal arguments that her agency’s politically motivated fraud case against two attorneys and an aide for the 2020 Trump campaign is built on a prosecution “error.”

Blais didn’t need to do much. Liberal Dane County Judge John Hyland, who refused to recuse himself from the case after explosive allegations that a retired judge was the ghostwriter of Hyland’s earlier order, ruled that prosecutors had provided enough evidence to take the phony “false electors” case to trial.

Blurb:

A federal appeals court has granted an emergency motion sought by the U.S. Department of Justice (DOJ) to halt contempt hearings scheduled to start this week over the deportation of suspected Venezuelan gang members.

U.S. District Judge James Boasberg had scheduled contempt hearings for Dec. 15 and 16, over the Trump administration’s deportation of Venezuelan gang member under the Alien Enemies act in March of this year.

Boasberg had issued restraining orders on the deportation of two planeloads of suspected Tren de Aragua gang members, after the planes were already airborne.

When the Trump administration followed the written orders but not the judge’s oral instructions, which DOJ attorneys said were defective, and allowed the deportation flights to complete their mission to transport the detainees to a maximum security prison in El Salvador.

Blurb:

President Donald Trump’s administration has removed eight immigration judges from their posts in New York City.

The move is part of a sweeping national effort to restore order to the immigration system and accelerate illegal alien deportations amid surging public concern over border security.

According to the New York Times, all eight judges worked inside 26 Federal Plaza, one of the city’s major immigration courts.

The outlet cited two officials, one from the Department of Justice (DOJ) and another from the National Association of Immigration Judges, who spoke on condition of anonymity.

Among those dismissed was Amiena A. Khan, an assistant chief immigration judge who supervised colleagues inside the building.

Blurb:

President Donald Trump on Thursday railed against Democratic senators using the “blue slip” tradition to block his court appointments.

In a post on Truth Social, the president wrote, “‘Blue Slips’ are making it impossible to get great Republican Judges and U.S. Attorneys approved to serve in any state where there is even a single Democrat Senator.”

“If they say no, then it is OVER for that very well qualified Republican candidate,” he continued. “Only a really far left Democrat can be approved. It is shocking that Republicans, under Senator Chuck G, allow this scam to continue. So unfair to Republicans, and not Constitutional.”

Trump concluded by calling on Senate Majority Leader John Thune ‘to get something done, ideally the termination of Blue Slips.”

During an appearance on Fox News, Sen. Thune (R-SD) was asked about the matter.

Blurb:

Thirteen House Republicans broke ranks Wednesday night, siding with Democrats to move ahead on a bill aimed at gutting President Donald Trump’s executive order clamping down on federal worker unions.

The push came from Rep. Jared Golden of Maine, who used a procedural weapon known as a discharge petition to force the issue onto the floor. The maneuver lets a majority of lawmakers drag a bill forward even if leadership wants it buried.

The House voted 222-200 to start debate and set up a final vote. All 209 Democrats joined 13 Republicans to advance the measure, which faces another procedural test Thursday.

The GOP defectors were Jeff Van Drew of New Jersey, Nicole Malliotakis of New York, Nick LaLota of New York, Brian Fitzpatrick of Pennsylvania, Rob Bresnahan of Pennsylvania, Don Bacon of Nebraska, Mike Lawler of New York, Tom Kean of New Jersey, Ryan Mackenzie of Pennsylvania, Zach Nunn of Iowa, Chris Smith of New Jersey, Pete Stauber of Minnesota, and Mike Turner of Ohio.

Blurb:

A federal judge on Thursday ordered the release of Salvadoran migrant Kilmar Abrego Garcia from federal custody, delivering a sharp rebuke to the Trump administration in a case that has ricocheted across borders and courtrooms for nearly 10 months.

U.S. District Judge Paula Xinis ruled that Abrego Garcia must be freed from the ICE Moshannon Valley Processing Center in Pennsylvania, saying the administration had failed to secure the required final notice of removal that would allow him to be deported to a third country, including several African nations previously floated by federal officials.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis said in her order. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

Xinis had grilled Justice Department lawyers last month during a lengthy evidentiary hearing, pushing them to prove that a final removal order existed. DOJ attorney Drew Ensign argued that a 2019 immigration judge had effectively “meant” to issue such an order. Xinis dismissed that argument outright, stating, “No such order of removal exists for Abrego Garcia.”

The Justice Department is expected to appeal, as Ensign signaled in earlier proceedings.

Blurb:

U.S. District Judge Charles Breyer once again has blocked President Donald Trump from deploying the National Guard to Los Angeles, CA.

“Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way—let alone significantly,” wrote Breyer. “What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops.”

California Gov. Gavin Newsom and other plaintiffs filed a motion to enjoin this conduct. The Trump administration took “the position that, after a valid initial federalization, all subsequent re federalizations are completely, and forever, unreviewable by the courts.”

The “Defendants’ position is contrary to law,” stated Breyer.

Okay, so here’s the background because this is the third time Breyer issued this ruling.

In June, Breyer ruled that Trump’s order violated the 10th Amendment and exceeded his statutory authority.

Blurb:

Here we go again: the sun rises, another federal judge kneecaps the Trump agenda. In this latest ruling, issued Monday, a Bill Clinton-appointed jurist decided that Trump hasn’t explained himself enough and “failed to justify” his decision to put a halt to the wind project madness that has swept the country.

Sometimes I wish the president would just say, “I got 77 million votes, you didn’t — that’s my justification. Buzz off.” Of course, he can’t do that:

A federal judge on Monday ruled that President Donald Trump’s administration had failed to justify its decision to suspend issuing leases and permits for new wind projects in keeping with the Republican president’s wishes.

U.S. District Judge Patti Saris in Boston sided with a group of 17 Democrat-led states and the District of Columbia in finding that agencies had failed to sufficiently explain why they had indefinitely paused all federal approvals of wind-energy projects.

Blurb:

President Donald Trump was caught complaining about repeated blocks of his appointments after acting U.S. Attorney for New Jersey Alina Habba resigned.

In footage posted on social media, Trump could be heard venting about his judicial appointments being blocked as the press was shepherded out of the room.

“You know I can’t appoint anybody,” Trump said. “Everybody I’ve appointed, their time has expired. Then they’re in default, then we’re losing.”

Trump’s disdain for the “blue slip” practice for judicial nominees is well known, and he’s repeatedly called for Congress to abolish it. Republicans have so far given rare resistance to Trump’s wishes, with Senate Republicans siding with Senate Judiciary Committee Chairman Chuck Grassley (R-IA), who has been a strong defender of the century-old unofficial rule.

The Senate Judiciary Committee typically doesn’t advance judicial nominees unless both senators from the state of the appointment return a blue slip in favor of the nominee. With Democrats steadfastly against Trump’s nominees, he has been forced to appoint his picks to short terms that quickly expire. Attempts to stay past their deadline have been dealt a critical blow in the courts, most recently resulting in the resignation of a major Trump ally, Habba.

Blurb:

President Trump has had enough of the Senate’s “blue slip” tradition that allows senators to put the kibosh on certain presidential nominees for positions in their home states, and he’s demanding Senate Republicans to due away with the “scam.”

In a Truth Social message posted Thursday morning, the president called on Senate Majority Leader John Thune (R-SD) to terminate blue slips so that several of the White House’s picks for U.S. Attorney vacancies can make their way through the confirmation process. Trump also had pointed words for Sen. Chuck Grassley (R-IA), chairman of the Senate Judiciary Committee, saying it’s “shocking” Grassley allows the tradition to continue.

Blurb:

Explosive new court documents unsealed Tuesday detail the alleged judicial misconduct of the Wisconsin judge presiding over a politically-driven criminal case targeting the attorneys who represented the 2020 Trump campaign in the battleground Badger State. Dane County Circuit Court Judge John Hyland had outside help from a former judge with a “grudge,” according to the court filings.

Hyland, in so many words, told defendants to go pound sand. He will not remove himself from the case and the march to a perfectly-timed election-year trial will go on. To the people who feel more than ever that it will be impossible to get a fair trial in far-left Dane County, the judge effectively said, Trust me.

Earlier this week, attorneys for Jim Troupis, President Donald Trump’s Wisconsin recount counselor following the rigged 2020 presidential election, filed several motions not only asking Hyland and his staff to step aside, but to vacate the judge’s August order rejecting the defendants’ motion to dismiss the case. The omnibus motion and an appendix spelling out the allegations were sealed  — that is until Hyland opened them Tuesday afternoon.

Blurb:

Former Special Counsel Jack Smith is teaming up with other anti-Trump prosecutors to launch a new law firm. The hordes of Mordor might be forming again. Smith tried to ensnare President Trump in two investigations, one on the January 6 riot and the other concerning Trump’s alleged mishandling of classified documents, all of which were dismissed. The latter was part of the federal raid on Mar-a-Lago in August of 2022, which, in hindsight, sealed the Democrats’ fate regarding the 2024 election (via Yahoo! News):

Jack Smith, the former U.S. Justice Department special counsel who prosecuted Republican President Donald Trump following his first term in the White House, is teaming up with three other ex-prosecutors ‌to launch a new law firm.

Smith is starting the firm with Tim Heaphy, David Harbach and Thomas Windom, each ‌a former federal prosecutor with decades of public service.

Heaphy in a statement said the firm will launch in January and provide full-service legal work, including investigations and litigation. He said the team will design a legal practice focused on “integrity, commitment, and zealous advocacy” for public and private clients.

Blurb:

A federal judge gave New York Attorney General Letitia James and former FBI Director James Comey a bit of a reprieve when he threw out the Justice Department’s indictments against them.

But this does not mean they will get off scot-free.

U.S. District Judge Cameron McGowan Currie on Monday dismissed the indictments against the two individuals after determining that the appointment of Interim U.S. Attorney Lindsey Halligan was not valid. He argued that after an interim U.S. attorney’s term expires, it is up to the district court to appoint a replacement. In Halligan’s case, Attorney General Pam Bondi appointed  her instead of the court.

Blurb:

Disgraced former FBI Director James Comey praised the Democrat-aligned federal judge who dismissed the criminal case against him this week.

Comey is arguing that the indictment was driven by political animus and mishandled by prosecutors.

The ruling, however, is already being challenged by President Donald Trump’s administration.

The Trump admin maintains that the case was properly brought and plans to continue pursuing legal action.

Activist Judge Cameron Currie, a Bill Clinton appointee, threw out the false-statements charges on Monday.

Blurb:

A federal judge’s decision to toss the indictments against former FBI boss James Comey and New York Attorney General Letitia James has exposed an embarrassing failure on Capitol Hill, where Senate Republicans clung to a dusty procedural tradition that wound up blowing up two high-profile cases.

The ruling rested on the Senate’s use of the “blue slip” custom, a nearly century-old courtesy that lets home-state senators block federal nominees. Instead of scrapping what critics say has become a partisan choke point, Republicans — led by Sen. Chuck Grassley — stuck to the practice and watched it boomerang.

Grassley’s refusal to move past the blue slip stalled the confirmation of Lindsey Halligan, the Trump-picked prosecutor who led both cases. Because Halligan was never confirmed, the judge ruled she couldn’t legally handle the prosecutions, leaving the Justice Department sidelined by Senate inertia rather than the strength of the evidence.

Blurb:

U.S. Attorney General Pam Bondi said Monday that the Department of Justice (DOJ) will pursue “all available legal action” after a federal judge dismissed high-profile criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.

Bondi spoke in Memphis while highlighting the city’s “Safe Task Force.”

She addressed the decision by U.S. District Judge Cameron Currie, who ruled that the prosecutor handling the indictments, Lindsey Halligan, had not been lawfully appointed as interim U.S. Attorney for the Eastern District of Virginia.

The ruling accepted the argument from Comey’s legal team that Halligan’s appointment was invalid, rendering both indictments defective.

Blurb:

An unelected, inferior-court activist judge tossed the grand jury indictment against disgraced former FBI Director James Comey and New York Attorney General Letitia James on Monday, arguing that federal prosecutor Lindsay Halligan was unlawfully appointed.

Judge Cameron Currie, a Clinton appointee, ruled Monday that Halligan was unlawfully appointed and that the indictments against both Comey and James are invalid.

“On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms. Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. with
making false statements to Congress and obstructing a congressional proceeding,” Currie wrote.

Blurb:

A federal judge on Friday blocked the IRS from sharing details of suspected illegal immigrants with Immigration and Customs Enforcement.

The 94-page ruling said that the plaintiffs – two labor unions and a nonprofit that provides tax advice – and the people whom they represent face “an imminent risk” that their confidential address information will be used by ICE for civil immigration enforcement.

“Accordingly, upon consideration of the parties’ submissions, the relevant legal authority, and the entire record, the Court concludes that Plaintiffs are entitled to a stay of the Address-Sharing Policy and other appropriate injunctive relief, and that Plaintiffs’ APA claim regarding the broader Data Sharing policy should not be dismissed,” the ruling said.

Blurb:

US District Judge Jia Cobb temporarily suspended the deployment in a ruling on Thursday, responding to a lawsuit filed by city officials who said Trump had usurped policing powers and was using the military for domestic law enforcement.

Blurb:

The U.S. Supreme Court ruled in favor of the Trump administration’s request to extend the pause of an order to fully fund food aid benefits for a few days.

Justice Ketanji Brown Jackson previously granted the emergency pause on an order from U.S. District Judge John McConnell from Rhode Island for the government to fully fund the Supplemental Nutrition Assistance Program. Many on the left excoriated her for what they perceived as a pro-Trump order.

‘The only way to end this crisis — which the executive is adamant to end — is for Congress to reopen the government.’

Blurb:

The Ninth Circuit Court of Appeals has just given a huge boost to California’s plan to continue building one of the most expansive digital verification regimes in the country.

The appeals court refused to rehear NetChoice v. Bonta, leaving in place a ruling that allows California to advance a system critics warn could become a statewide online digital ID requirement.

The court’s decision keeps intact most of Senate Bill 976, the Protecting Our Kids from Social Media Addiction Act.

The bill was signed by Democrat Gov. Gavin Newsom in September 2024.

The law forces social media companies to implement “age assurance” systems to determine whether users are adults or minors.

Blurb:

A federal appeals court on Sunday evening denied the Trump Administration’s request to halt a judge’s order forcing the full payment of SNAP benefits for November.

The order is on hold for 48 hours, per Justice Ketanji Brown Jackson.

The Department of Agriculture late Saturday evening instructed states to “immediately undo steps” taken to fund SNAP benefits for November. “The US Supreme Court granted the US Department of Agriculture an administrative stay of the orders issued by the District Court of Rhode Island,” the memo read.

“Pending any explicit direction to the contrary from Food and Nutrition Service (FNS), States must not transmit full benefit issuance files to EBT processors. Instead, States must continue to process and load the partial issuance files that reflect the 35 percent reduction of maximum allotments detailed in the November 5 guidance,” the memo stated.

Blurb:

A federal judge who was nominated to the bench by President Donald Trump has permanently blocked the 47th president from deploying the National Guard to Portland, Oregon, in response to demonstrations against Immigration and Customs Enforcement (ICE) in that city.

U.S. District Judge Karin J. Immergut, who issued a preliminary injunction last month preventing the president’s troop order, ruled Friday that Trump overstepped his authority by federalizing Oregon’s National Guard soldiers.

President Trump nominated Judge Immergut to the federal bench in 2018 during his first term.

Blurb:

The U.S. Supreme Court on Friday temporarily halted a lower court order requiring the Trump administration to fund November’s SNAP benefits.

On Thursday, Rhode Island District Judge John McConnell ordered the Trump administration to fund SNAP benefits amid the Schumer shutdown.

The lawless judge directed the Trump administration to divert funds from child nutrition programs to SNAP. On Friday evening, the First Circuit Court of Appeals upheld Judge John McConnell’s order, requiring the administration to deliver full SNAP benefits to states by midnight.