Roger Parloff

Just reading transcript of 7/24 hearing before Judge Boasberg in JGG—AEA case where govt sent Venezuelans to CECOT despite his orders. Even if DC Cir blocks criminal contempt proceedings, Boasberg says he’ll refer DOJ attys to bar authorities & court’s own disciplinary committee ...
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This conversation is live now! Tune in here: youtube.com/live/vkiYdSv...

The Situation: A Bove the Law II What to do about the Senate’s confirmation of a lawless judge

@benjaminwittes.lawfaremedia.org argues for the impeachment of Emil Bove over his alleged unethical actions in the Alien Enemies Act case in front of Judge Boasberg and in the corruption prosecution of NYC Mayor Eric Adams in The Situation. www.lawfaremedia.org/article/the-...

As to former DOJ atty Erez Reuveni’s whistleblower letter, Boasberg said: “I assure you that if and when the [DC Cir.’s] stay is finally lifted, this Court will follow up on these revelations ... .”
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Just reading transcript of 7/24 hearing before Judge Boasberg in JGG—AEA case where govt sent Venezuelans to CECOT despite his orders. Even if DC Cir blocks criminal contempt proceedings, Boasberg says he’ll refer DOJ attys to bar authorities & court’s own disciplinary committee ...
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Lawfare Live: Trials of the Trump Administration, July 25 YouTube video by Lawfare

In 1 hour, join @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, @rparloff.bsky.social, and James Pearce for a live discussion of the litigation surrounding the Trump administration, including the Ninth Circuit finding the birthright citizenship EO to be invalid and more.

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BREAKING: A new whistleblower, whose disclosures haven't been publicized, has evidence that Emil Bove wasn't truthful during his confirmation hearing.

The whistleblower has tried to share info with Republican senators for weeks and they haven't responded. We urge senators to listen before voting.

The result—an increase of executive power at the expense of legislative authority-does not stand alone. Just last week, this Court granted another stay allowing the President to ignore a federal statute. That decision permitted the President to push forward in dismantling the Department of Education, even though Congress created that agency and tasked it with performing vital functions. See McMahon v. New York, 606 U.S. (2025) (SOTOMAYOR, J., dissenting) (slip op., at 1). If the majority had any valid basis for taking that action (relating, say, to the breadth of the District Court's preliminary injunction) it did not appear on the face of the Court's unreasoned or-der. See id., at _ (order) (slip op., at 1); id., at (SOTOMAYOR, J., dissenting) (slip op., at 18). That order simply signaled that the President could carry on, even in the face of a conflicting statute. So too does this order, and with the same lack of care. The majority has acted on the emergency docket—with "little time, scant briefing, and no argument" —to override Congress's decisions about how to structure administrative agencies so that they can perform their prescribed duties. Wilcox, 605 U.S., at _ (KAGAN, J., dissenting) (slip op., at 5). By means of such actions, this Court may facilitate the permanent transfer of authority, piece by piece by piece, from one branch of Government to another. Respectfully, I dissent.

By a 6-3 vote, SCOTUS lets Trump fire the Dem members of the Consumer Product Safety Commission, who are protected against removal by statute.

Dissenting, Kagan says the majority is undertaking a “permanent transfer of authority” from Congress to the president.
www.supremecourt.gov/opinions/24p...

Trump's suit against @wsj.com has been assigned to Darrin Phillip Gayles, an Obama appointee.

Attys for Abrego (Garcia) have asked Judge Crenshaw, if he issues an order releasing him from criminal custody, to stay it for 30 days to prevent DHS from immediately deporting him. This seems to give Judge Xinis in Maryland time to craft relief.
storage.courtlistener.com/recap/gov.us...

... Legally, the key ruling is that the govt is *unlikely* to win on its jurisdictional claim that the case should’ve been brought in the Court of Federal Claims, which handles contract disputes with US.
When this gets to SCOTUS, that will be the diciest issue.
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On this record, the appeals court saw “no obvious error” in Young’s conclusion that NIH’s actions bore “all the hallmarks of arbitrary & capricious decision-making.”
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DOGE’s template cancellation letter left blanks to be filled from a “reason-for-termination menu,” listing topics like “DEI,” “China,” “Transgender Issues,” “Climate Change.” Use of the menu was “mandatory.” ...
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If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
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On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...
storage.courtlistener.com/recap/gov.us...
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*@aclu.org *

Doc available here:
storage.courtlistener.com/recap/gov.us...

In light of govt's claims about its deal with Venezuela, @ACLU asks Judge Boasberg to order govt to state whether it will "bring members of the class [of Venezuelans sent to CECOT under Alien Enemies Act] back to the US" for the legal process they were previously denied.

Lawfare Live: Trials of the Trump Administration, July 18 YouTube video by Lawfare

In 1 hour, join @benjaminwittes.lawfaremedia.org, @annabower.bsky.social, @rparloff.bsky.social, and @nicholasbednar.bsky.social for this week's Trials of the Trump Administration. They'll discuss yesterday's hearing in Abrego Garcia's criminal case, and more.

The fate of the Venezuelans being deported from El Salvador after months of imprisonment is uncertain.

Many were FLEEING Venezuela due to persecution or torture from the Maduro regime. Will the regime again throw them in jail, or will their new public profile protect them?

Quite interesting:

Here is the full letter Comey, the daughter of former FBI director James Comey, sent to colleagues: www.politico.com/news/2025/07...

This is the case brought by Pedro Vasquez Perdomo, LAWCN, @ufw.bsky.social @chirla-org.bsky.social @immdef.bsky.social et al. Judge Maame Frimpong issued the TROs last week.

In the L.A. case in which a judge issued 2 temp. restraining orders barring ICE from stopping aliens without reasonable suspicion & from detaining them without access to counsel, 9th Cir DENIES govt stays (for now) because it didn't first ask the district judge, per Rules. ...
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Minute Entry for proceedings held before District Judge Waverly D. Crenshaw, Jr: Evidentiary Hearing as to Kilmar Armando Abrego Garcia held on 7/2025 to review the decision of detention. Trial date is set for 1/27/2026, at 9:00 a.m. Status conferences will be held in Uctober and one in December. A sample Scheduling Order was provided to the parties and shall be submitted to the Court by 7/30/2025. Witness and exhibits presented. Court to take motion under advisement. (Court Reporter Richard Singer, Monica Gross.) (kp) (Entered: 07/16/2025)

NEW: Kilmar Abrego Garcia’s criminal trial is set to begin on January 27, 2026 — though the government has said that it might deport him prior to trial.

And thanks to @allrisenews.com and @annabower.bsky.social for their close and thoughtful coverage of the case.

Manhattan Prosecutor Who Handled Epstein Cases Is Fired

These people are absolute fucking ghouls. I've known Maureen since my first day of law school. We were lucky to have her in government. One day she'll be the U.S. Attorney for SDNY. www.nytimes.com/2025/07/16/n...

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Crenshaw: The MS13 proof does not itself meet clear and convincing standard...then you've got motivation to flee from ICE. Expand on that.

McGuire: "Strange" situation. He does have an ICE detainer. More likely than not, he'll be detained. But court has to suspend disbelief that that will occur...