Anna Bower

In other non-Constituonal law news, I suspect a nasty pop music battle is coming.

The specific provision is section 2 of the Calling Forth Act of 1792:

www.govinfo.gov/content/pkg/...

For more background on the judicial review provision, and on how President Washington expressly relied upon it in putting down the Whiskey Rebellion, see:

www.yalelawjournal.org/pdf/427_pa9s...

The very first statute authorizing domestic use of the military during domestic emergencies, enacted in 1792 by a Congress full of the same folks who wrote and ratified the Constitution, expressly provided for judicial review in certain circumstances *before* the President could even send troops.

The question journalists need to be asking is: WHY is the government trying this?

It’s because they want to control universities in unlawful ways that courts will not allow; it’s not working; so they’re trying to get universities to sign up “voluntarily” for unlawful levels of government control.

I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

*Donald Trump says he is about to put 10 Marines in my home*

Wurman: Have you considered tort law?

We’re bringing ass clown manufacturing back to the United States.

The judge who granted this restraining order was appointed to the bench by Trump.

Maybe it’s a clown factory of poor quality

also what is an “ass clown factory” ??

FBI Director Kash Patel * ® @FBIDirectorKash X.com BREAKING: MSNBC still an ass clown factory of disinformation. Same circus animals that slobbered all over perp walks of Stone, Navarro, Bannon... MSNBC has no facts and no audience In this @fbi, follow the chain of command or get relieved. & Barb McQuade @ @BarbMcQuade • 15h DOJ policy prohibits "perp walks," in which arrestees are paraded before the cameras.

Among other things, it remains extremely weird that the [checks notes] director of the FBI uses phrases like “ass clown factory” in public statements posted on his official account

The basis is they want to make Comey's malicious prosecution claims a slam dunk...

Sure, but up to now the administration has tried to justify its actions with appeals to legal authority, albeit pretextual and unconvincing ones. I’d be useful if reporters would try to find out what the purported legal basis might be here. And if there’s not one, people should know that, too.

Would be nice if CBS bothered to learn about & include this information and these questions in its reporting

The FBI is now actively working to put together a team to arrest Comey between now and his court appearance on Thursday, but other FBI supervisors have also refused to cooperate, said a source knowledgeable about the conversations and a law enforcement source familiar with the situation. The expectation is that the FBI will eventually find somebody. CBS News has reached out to the FBI for comment. Comey's lawyer, Patrick Fitzgerald, declined to comment to CBS News. Reuters was first to report that an FBI agent was sidelined for refusing to help with a perp walk.

I don’t understand the supposed legal basis for this.

DOJ requested a summons—*not* an arrest warrant—under Rule 9 of the FRCrP.

Are they going to go back to the magistrate and ask for a warrant, even though Comey hasn’t failed to appear? If not, what’s the exigency for a warrantless arrest?

Office of the President Dear Dartmouth community, As many of you know, Dartmouth was one of nine universities asked by the White House to give feedback by Oct. 20 on a draft of its “Compact for Academic Excellence in Higher Education.” I am deeply committed to Dartmouth’s academic mission and values and will always defend our fierce independence. You have often heard me say that higher education is not perfect and that we can do better. At the same time, we will never compromise our academic freedom and our ability to govern ourselves. Best, Sian Leah Beilock President

It appears that my employer, Dartmouth, one of the Trump 9, has said no to the compact. All the better given that our president is cited within it. But she’s saying no. Count the small victories when they come.

Treasury Plans to Mint $1 Commemorative Trump Coin

It is not clear that Mr. Trump’s image can be featured on a coin. An 1866 law enshrined a tradition that only deceased people could appear on U.S. currency to avoid the appearance that America was a monarchy. Trump admin is planning to do it anyway.
By Alan Rappeport

www.nytimes.com/2025/10/03/b...

a White House staffer was just tapping away all kinds of shit talk in the secret secure Signal chat in a place where someone could take *numerous* photographs of his phone screen undetected and walk them over to the Minnesota Star-Tribune

this is wild: while Stephen Miller's guy was in Minnesota for his uncle's funeral, somebody was able to see his entire phone and take pictures of his Signal group chats talking about military deployments to Portland, and brought them to the Strib (gift link: www.startribune.com/trump-offici...)

lol, countdown to headlines that "some experts say" he can't do this

A big victory for Kilmar Abrego Garcia’s defense team.

McAfee's order adds that the 14-day timeline could be extended at the request of the Prosecuting Attorneys' Council of Georgia (PAC), the state agency responsible for appointing a new prosecutor to take the case following Willis's disqualification.

NOTICE OF IMPENDING DISMISSAL FOR WANT OF PROSECUTION The Georgia Court of Appeals having disqualified the entirety of the Fulton County District Attorney's Office from further handling of this case,' the duty falls on the Prosecuting Attorneys' Council ("PAC") to identify a replacement. See O.C.G.A. § 15-18-5. Should an appointed prosecuting attorney or representative of PAC fail to file an entry of appearance or request a particularized extension within 14 days from the entry of this Notice, the Court will issue a dismissal without prejudice for want of prosecution. See Walker v. State, 312 Ga. 640, 644 (2021).

NEWS: Judge McAfee, presiding judge in GA criminal case against Trump & others, says he'll dismiss the case unless a new prosecutor files a notice of appearance within 14 days.

Follows last month's decision from the GA Supreme Court, which declined to hear Fani Willis's disqualification appeal.

Secretary of War Pete Hegseth # @ CX.com @SecWar Earlier this morning, on President Trump's orders, I directed a lethal, kinetic strike on a narco-trafficking vessel affiliated with Designated Terrorist Organizations in the USSOUTHCOM area of responsibility. Four male narco-terrorists aboard the vessel were killed in the strike, and no U.S. forces were harmed in the operation. The strike was conducted in international waters just off the coast of Venezuela while the vessel was transporting substantial amounts of narcotics - headed to America to poison our people. Our intelligence, without a doubt, confirmed that this vessel was trafficking narcotics, the people onboard were narco-terrorists, and they were operating on a known narco-trafficking transit route. These strikes will continue until the attacks on the American people are over!!!!

Pete Hegseth: “Earlier this morning, on President Trump's orders, I directed a lethal, kinetic strike on a narco-trafficking vessel affiliated with Designated Terrorist Organizations in the USSOUTHCOM area of responsibility. Four male narco-terrorists aboard the vessel were killed..”

COMING UP: Hearing on Oregon national guard deployment.

Follow @rparloff.bsky.social for updates!

I'll be trying to live-blog the 1pm ET hearing in Oregon v Trump for @lawfaremedia.org , filling in for @annabower.bsky.social (who is listening but driving). Oregon & Portland are seeking a TRO to block deployment of 200 national guard troops Secy Hegseth ordered sent on 9/28. ...
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what does everyone think??? 👀

a heartwarming story of how being an unethical and talentless hack is no barrier to success when you are willing to endlessly flatter the wretched views of rich dipshits

Big pot of turkey chili

I made a delicious turkey sweet potato chili tonight!!!

It’s only gonna be 9 o’clock in LA…