Josh Gerstein

Josh Gerstein

@joshgerstein.bsky.social

Sr. Legal Affairs Reporter, @POLITICO Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46

109,345 Followers 84 Following 1,881 Posts Joined Nov 2024
1 day ago
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MNvOzTROOpp030926

JUST IN: In MN suit challenging Trump admin Medicaid payment hold, new DOJ filing dismisses VP JD Vance's statements on issue as "political commentary" irrelevant to the litigation. Doc: www.documentcloud.org/documents/27...

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1 day ago

NEW: Judge Brann's scathing 130-page opinion suggests that the Trump administration is risking the release of criminals because Trump is upset he can't get the US attorney of his choice.

w/ @mattfriedmannj.bsky.social @eorden.bsky.social @joshgerstein.bsky.social

www.politico.com/news/2026/03...

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1 day ago
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Memorandum Opinion – #317 in United States v. NAVIWALA (D.N.J., 2:24-cr-00099) – CourtListener.com MEMORANDUM OPINION as to RAHEEL NAVIWALA re: 281 Omnibus MOTION to Dismiss Superseding Indictment and Disqualify Counsel (REVISED) filed by RAHEEL NAVIWALA. Signed by Chief District Judge Matthew W. B...

BREAKING: Judge rules that Trump admin acted illegally, again, by installed triumvirate to run U.S. Attorney's office in NJ after Habba's acting appointment was ruled illegal. Judge Matthew Brann doesn't immediately void actions by the trio, though. Doc: storage.courtlistener.com/recap/gov.us...

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NEW: Trump's #SCOTUS loss on tariffs could have fallout for other Trump policies, like his attempt to charge a $100K fee for H-1B visas. DC Circuit heard arguments this morning that, like IEEPA tariffs, the visa charge is a tax Congress never OK'd. More: www.politico.com/newsletters/...

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Anthropic also suing in DC Circuit with petition for review of DoD supply chain risk determination. Doc: www.documentcloud.org/documents/27... That in addition to suit filed this AM in northern California federal district court.

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1 day ago
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Supreme Court considers case involving FBI operative ready to burn everyone A former undercover asset is pointing fingers at his law enforcement handlers and the ACLU lawyers he later teamed up with.

JUST IN: Latest round in suit over undercover FBI operative's Bush-era surveillance of southern California mosques looks headed to 7th #SCOTUS conference, with no resolution on today's order list. Operative's reversals have roiled the case. Earlier: www.politico.com/news/2026/03...

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ICYMI: During a book talk in New Mexico last night, Justice Amy Coney Barrett joked about being called 'a religious zealot' during #SCOTUS confirmation process. Via @GregsHighway @abqjournal www.abqjournal.com/news/justice...

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2 days ago
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AmicaMossOpn030826

BREAKING: Judge blocks Trump plan set to take effect Monday that would rapidly dismiss many/most? immigration appeals. Judge Randy Moss (Obama/DC) says DOJ has to complete notice-and-comment before such a change. Doc: www.documentcloud.org/documents/27...

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2 days ago

Remotely? I don't think that's so. They sell that access to private parties and live off the revenue stream or use it to fund their IT. Anyway this isn't about the cost, you can't get the filings remotely even if you pay.

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2 days ago
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Judge says Kari Lake’s tenure atop US media agency was improper, voids actions as ‘acting CEO’ U.S. District Judge Royce Lamberth concluded that her ascension was an illegal end-run around the Senate’s advice and consent role.

www.politico.com/news/2026/03... HD: does court decision invalidating Lake actions at VOA call into ?validity of acts taken by my successor at Office of Special Counsel (OSC)? Hope so as I disagree with reversal of my efforts to protect probationary workers and enforce Hatch Act against White House

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4 days ago

I dont think that's what it says. It says they believe it would take years to proactively refund people but if people apply for batched refunds they can get it done faster. How much faster i dunno

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This policy needs to be revisited. A couple thousand of these cases around the country in last few months. Many filings inaccessible.
Even causes problems for US Attorney offices because THEY can't see the filings remotely unless the specific attorney is assigned to that case

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And how did it get a 2010 request number in 2023? Wonders of #FOIA never cease

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How broken is #FOIA? In 2009, I asked DoD for info on membership of some reorganized NSC committees under Obama. Just got the response yesterday, 16+ years later

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5 days ago
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DVDStayMot030526

JUST IN: Trump admin asks 1st Circuit to stay Judge Brian Murphy's order that would sharply limit so-called 3rd country deportations. #SCOTUS twice blocked his earlier similar rulings. Doc: www.documentcloud.org/documents/27... Story from round 2: www.politico.com/news/2025/07...

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Complaint - New Case – #1 in Dorcas International Institute of Rhode Island v. United States Citizenship and Immigration Services (D.R.I., 1:26-cv-00132) – CourtListener.com COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2250908 ), filed by Venezuelan Association of Massachusetts, Service Employees International Union, Partnership for the Advancement of New Am...

JUST IN: Various immigrant rights groups plus @SEIU file broad lawsuit in RI fed court against various Trump admin holds on asylum, naturalization and other benefits at USCIS. Doc: storage.courtlistener.com/recap/gov.us...

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ChiHeadlineCA7Opn030526

JUST IN: 7th Cir. panel splits, 2-1, on resolving moot Chicago ICE protest case. Brennan/Scudder (Trump) wipe out dist ct's 'constitutionally suspect' injunction. Easterbrook (Reagan) would just dismiss appeal, sees majority violating party presentation www.documentcloud.org/documents/27...

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#78 in V.O.S. Selections, Inc. v. United States (Ct. Intl. Trade, 1:25-cv-00066) – CourtListener.com Motion to Expedite Status Conference. Responses due by 3/26/2026. Filed by Neal Kumar Katyal of Milbank LLP on behalf of Terry Precision Cycling LLC, FishUSA Inc., MicroKits, LLC, Plastic Services and...

JUST IN: VOS plaintiffs in Trump tariffs case, repped by Neal Katyal, grumpy about being leapfrogged by Atmus. Now seeking a conference before Eaton or some other judge ASAP to get in on devising refund process. Doc: storage.courtlistener.com/recap/gov.us...

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Order on Motion for Recusal – #75 in United States v. MAINE DEPARTMENT OF EDUCATION (D. Me., 1:25-cv-00173) – CourtListener.com ORDER ON MOTION TO RECUSE denying 69 Motion for Recusal By JUDGE STACEY D. NEUMANN and MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 03/05/2026)

JUST IN: Fed judges presiding over trans sports fight between Trump admin and Maine won't recuse due to connection to a family member of a court staffer. Consulted the Judicial Conference conduct committee and got a letter saying it wasn't required. Doc: storage.courtlistener.com/recap/gov.us...

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6 days ago
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ICE taking steps to close detention center at Fort Bliss, document shows Preparations to shutter Camp East Montana in El Paso come less than eight months after facility’s opening, according to an internal ICE document.

Camp East Montana was supposed to be the Trump administration's model for a new breed of large-scale, makeshift immigrant detention centers. Eight tumultuous months, 60 violations and three deaths later, ICE is preparing to close it. New from me: t.co/jOIIRAMJCo

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6 days ago

JUST IN: AG Pam Bondi purports to 'ratify' Kash Patel's firing, 5 months ago, of FBI agents who kneeled at 2020 #BLM protest. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/12...

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6 days ago
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Trump’s media lawsuits still kicking

NEW: Feds say they'll appeal magistrate judge's decision to take over the process of reviewing data FBI seized from Washington Post reporter Hannah Natanson. That judge is also proposing next steps he said both sides could find 'uncomfortable.' www.politico.com/newsletters/...

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6 days ago
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AtmusDOJAnswers030426

JUST IN: CBP official says importers who paid IEEPA tariffs are entitled to refunds with interest, but 'review period' needed 'to ensure no violation of other Customs laws and no other duties, taxes, or fees are owed.' www.documentcloud.org/documents/27... Earlier: www.politico.com/news/2026/03...

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1 week ago

“She also suggested the anti-masking law would be constitutional if it were broadened to cover state law enforcement as well.”

Looks like it will be resubmitted with those guidelines in mind.

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I feel like we typically see these sorts of completely outraged opinions from federal judges a couple times a year across the whole country, maybe a little more often in last few years. Now, in cases stemming from Trump's immigration crackdown, judges are ringing the alarm bell several times a week.

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Even NPR slinging (imputed) obscenities now

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1 week ago
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Judge blocks enforcement of California’s law banning masks for ICE agents But the judge also turned down the federal government’s request to block another California law aimed at abuses in immigration enforcement.

JUST IN: 9th Cir. panel seems likely to keep block on CA state law requiring ICE/other police to display ID during most ops. All 3 judges, Nguyen (Obama), Bennett & Collins (Trump), appeared to view law as unconstitutional intrusion on fed govt. Earlier: www.politico.com/news/2026/02...

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PerkinsWDMot030326

JUST IN: Trump admin reverses course again in litigation of Trump executive orders targeting major law firms. 1 day after moving to drop appeals aimed at reviving the orders, DOJ asks to keep going with the appeals. Doc: www.documentcloud.org/documents/27... Earlier: www.politico.com/news/2026/03...

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Screenshot of excerpt from opinion that reads:

"Despite this, the New York courts refused to stay the trial court’s order. After that highly questionable injunction was issued, the applicants filed appeals in both the Appellate Division (the State’s intermediate appellate court) and the Court of Appeals (its highest court) challenging the trial court’s order on federal constitutional grounds. At the same time, applicants asked both courts to stay the trial court’s order. The Appellate Division refused to issue a stay, and by order issued on February 11, the Court of Appeals sent the appeal filed in that court to the Appellate Division and dismissed applicants’ motions for a stay." With nowhere else to turn, the applicants asked us to issue a stay, and we have jurisdiction to entertain their application. Title 28 U. S. C. §1257(a) gives us jurisdiction to review “[f]inal judgments or decrees” that are rendered by a State’s highest court and adjudicate federal constitutional claims, and the Court of Appeals’ February 11 order falls
within that category.

1/9: In the New York redistricting case, Justice Alito's justification for why #SCOTUS even had *jurisdiction* to issue a stay is based upon a remarkably misleading portrayal of the state court proceedings.

I realize this is technical, but I wanted to write a short thread to explain the shadiness:

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Non-politician Trump mimics politicians' classic tell when their prior statements have led to confusion www.politico.com/story/2009/0...

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