bsky.app/profile/anna...
Judge Boasberg grants motion from Fed Board to quash grand jury subpoenas from D.C. U.S. Attorney Pirro in investigation into Fed Chair Powell.
“Did prosecutors issue those subpoenas for a proper purpose? The Court finds that they did not.“
In 1 hour, @benjaminwittes.lawfaremedia.org will sit down with @sranderson.bsky.social, @ericcolumbus.bsky.social, @klonick.bsky.social and @rparloff.bsky.social to discuss Anthropic’s suit challenging its designation as a supply chain risk, litigation over immigration policies, and more.
Judges of WDVa won't extend term of interim US Atty Robert Tracci, but won't appoint a replacement themselves either. Per @ccastronuovo.bsky.social
t.co/juI81o9KSu
Too much to keep track of, but don't sleep on AG Bondi's new proposed rule that would let DOJ lawyers avoid key ethics checks that prohibit lying to court. Ratcheting up the assault on courts & the reality-based world at the same time. Mine in today's NYT. (Gift Link)
Sail through the Strait of Hormuz
www.whitehouse.gov/briefings-st...
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...
Want to learn the basics about the 2 laws the govt is using vs Anthropic? My @lawfaremedia.org colleague @alanrozenshtein.com has submitted this amicus brief, which is a terrific primer. He's a prof at @umnlawschool.bsky.social & ex-DOJ Nat Sec Div atty.
storage.courtlistener.com/recap/gov.us...
This declaration from Paul Smith, Anthropic’s CCO, gives the flavor. The dispute is over autonomous lethal weapons & mass surveillance of US citizens. Yet the govt is sabotaging Anthropic's contracts with grocery chains, pharma, financial services, fintech ...
2/3
We've gotten numb to it, but what Trump/Hegseth is now doing to Anthropic—and what Trump did to the law firms—are not just tantrums, they are impeachable abuses of power. They are, in effect, executive branch bills of attainder. ...
1/2
This declaration from Paul Smith, Anthropic’s CCO, gives the flavor. The dispute is over autonomous lethal weapons & mass surveillance of US citizens. Yet the govt is sabotaging Anthropic's contracts with grocery chains, pharma, financial services, fintech ...
2/3
We've gotten numb to it, but what Trump/Hegseth is now doing to Anthropic—and what Trump did to the law firms—are not just tantrums, they are impeachable abuses of power. They are, in effect, executive branch bills of attainder. ...
1/2
The parties have apparently agreed that the USA will file a response brief by March 19 and Anthropic will reply March 23.
(The preliminary injunction hearing in the NDCal case is March 24.)
/3-end
It already sought relief in the ND Calif for a similar designation under a different statute: 10 USC 3252. But it had to challenge this statute in DC Cir. Also, it first had to seek a stay from the Dept of "War." After Do[W] refused to respond to a request yesterday at noon, Anthropic filed. ...
/2
Last night, Anthropic asked DC Circuit for an emergency stay of its designation by the Dept of "War" as a "supply-chain risk" under 41 USC 4713. It alleges violation of the statute, Fifth Amend due process and retaliation for protected 1st Am speech.
/1
storage.courtlistener.com/recap/gov.us...
Judge Reyes's ruling below is here. Worth a read.
storage.courtlistener.com/recap/gov.us...
Since 2023 Haiti has faced an earthquake, epidemics, famine, presidential assassination, terrorist & insurgent gang violence, murder, kidnappings, rape. Judge Reyes found Noem violated the Admin Proc Act (arbitrary) & Constitution (racial animus).
3/3-end
There is a similar shadow docket TPS case (Dahlia Doe) already before SCOTUS and fully briefed, relating to 5,600 Syrians. SCOTUS has twice blocked (without statement of reasons) a district judge’s attempt to save TPS status for ~600K Venezuelans. ...
www.supremecourt.gov/search.aspx?...
2/3
Here’s the govt’s petition seeking to end the Temporary Protected Status (TPS) of 350K Haitians. Judge Reyes blocked Secy Noem’s attempt to do so & DC Circuit refused a stay, 2-1, on political lines. Haitians' TPS status hangs by a thread...
1/3
www.supremecourt.gov/DocketPDF/25...
yes, pro bono
The 1st Circuit has administratively (temporarily) stayed Judge Murphy's ruling in the DVD case, while it considers whether to grant a full stay pending appeal. Murphy ruled that DHS's policies for deporting noncitizens to 3d countries (like South Sudan) are illegal. (DHS policies are in effect.)
For the record:
I previously tweeted that on 2/23 Judge Tostrud ordered the govt to reimburse a petitioner's $568 airfare back to MN after he was, in violation of court order, released in TX. I now see that on 2/27, however, the judge vacated his own order as barred by sovereign immunity.
1/2
I should say *former* detainee Soto Jimenez. He was released on habeas by the efforts of his original atty, Erin Lins.
Soto Jimenez, represented by @smmarotta.bsky.social, says that even though he no longer has any stake in the matter, "every litigant has an obligation to bring jurisdictional problems to the court’s attention" ...
3/4
... The $500/day fine was supposed to start accruing if Soto Jimenez's property wasn't returned in 24 hrs. But it was returned, which "purged" the contempt, so the govt atty didn't have to pay. US Atty Rosen appealed anyway. Astounding backstory here:
2/4
www.lawfaremedia.org/article/less...
