NEW: Right-wing activists are circulating a draft executive order that purports to give Trump sweeping power over federal elections.
@mollyroberts.bsky.social and I got new details on the activists, lawyers, and conspiracy theorists behind the proposed order:
www.lawfaremedia.org/article/in-c...
That should cover everything! For now, expect action in D.C. soon and a hearing in NDCal on March 24.
The company’s plan is to seek a stay pending review later this week—probably tomorrow. Why the delay? Relief requires seeking a stay from an agency before seeking judicial review. Anthropic has filed with “SecWar,” (💀) and informed him that it will treat no decision by tomorrow as a denial.
The first invoked authority is the statute they’re challenging in this court (10 U.S.C. § 3252). The second is the Federal Acquisition Supply Chain Security Act. Congress has channeled challenges under FASCSA to D.C., which is why Anthropic has filed its challenge regarding that statute there.
Judge Lin asked about the parallel lawsuit Anthropic has filed in the D.C. Circuit. Anthropic explained that it’s proceeding there because, after the “public directives” from Trump and Hegseth that didn’t cite any legal authority, Anthropic received letters from Hegseth that cited two.
Gov wants more room too, so now everyone is getting more space. A bit more on what was discussed re: the parallel D.C. case shortly.
Says she can accommodate a Zoom hearing to help with scheduling. Anything else? Anthropic wants leave for a length extension for its motion (25 pages). Judge says fine bc case consequential. Nothing else from DOJ.
Judge says she will set schedule described. DOJ objects to March 24 because of scheduling. Judge says government has lots of lawyers including the one representing DOJ today, who seems to be free. She is going to set for March 24, especially given no commitment to no retaliatory actions.
Anthropic notes government hasn’t committed to no retaliatory actions. Government says not prepared to offer any commitments.
Judge Lin says could compress a little more while still give government time. Could set government’s response deadline as March 17, plaintiffs reply by 20, hearing on 24 in the afternoon (1:30 PT). Anthropic says sure, w/ proviso that it need to come back for more relief if changed circumstances.
Government says no imminent harm that could occur between next week and a PI hearing on April 3. Anthropic hasn’t established need to move already expedited proceeding up even further.
James Harlow for DOJ.
Government is happy to proceed with hearing for preliminary injunction and is fine with April 3 hearing and March 18 briefing. Says the judge has “hit the nail right on the head” in anticipating its needs to wrangle agencies etc. and respond fully/accurately.
Estimates hundreds of millions to billions of dollars in harm.
Mongan detailing the irreparable harm he says Anthropic is now experiencing—many paused/shortened contracts, clients switching to competing companies. Defendants “affirmatively reaching out to our customers and pressuring them” to cut ties.
Michael Mongan, former Calif. SG now at Wilmer Hale, speaking for Anthropic btw. Judge Rita Lin says she wanted to set hearing further out to give gov enough time to respond.
Anthropic is comfortable treating as preliminary injunction. Styled motion to be either. But doesn’t want hearing 5 weeks after the directives against Anthropic. Worried about additional actions by defendant inflicting even greater injury between now and April 3, which is proposed hearing.
Judge says she put in an order yesterday asking whether it makes sense to skip TRO and go straight to preliminary injunction on expediting schedule. To balance weighty issues but also “need for speed.”
Listening in to the status conference in Anthropic v. Department of War in NDCal. (Yes, Department of War is the name on the docket.) May be uneventful, but will post here if there’s anything of interest!
If you want to know more about wtf is going on here, read my (slightly manic) piece @lawfaremedia.org on the so-called Grand Conspiracy: www.lawfaremedia.org/article/trum...
1. The FBI affidavit used to seize ballots and other materials from the 2020 election in Fulton County relies on debunked conspiracy theories. For example, it isn’t true that Fulton first “reported” 511,343 ballots and then “reported” 527,925. I’ll explain.
storage.courtlistener.com/recap/gov.us...
Democracy Dies in “The Data”
lol I tagged the wrong person sorry Katie Mettner author!
+1 @katiemettnerauthor.bsky.social
The Washington Post—for which I wrote editorials for nearly a decade—has closed its Kyiv bureau.
@lawfaremedia.org has not—and we will not.
We now employ more people in Kyiv than the Washington Post.
Let me tell you about what we have done in Ukraine over the past year and why we are not leaving
Everything you ever wanted to know that *we* ever wanted to know about the Fulton County search www.lawfaremedia.org/article/we-h...
The DOJ indictment v Don Lemon et al was just unsealed
12 pages
A special grand jury started sitting in Fort Pierce, Florida, this month, seemingly to investigate what has come to be known as the “Grand Conspiracy." @mollyroberts.bsky.social explains what this theory is and the consequences of trying to treat a conspiracy theory as a real legal theory.
Bored of Peace
(removed the quotes so it is clear that this is a joke/prediction, not something trump has already said!)
