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Senior Editor, Lawfare. Ex-Fortune staff. Published in ProPublica, NYT, New York, New Yorker, Yahoo Finance, Air Mail, etc. Practiced law a long time ago.

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Published: May 23, 2025 14:26

Per Harvard's motion for TRO: "DHS has informed Harvard that the thousands of international students currently on campus—many just days from receiving their degrees—must transfer immediately to another institution to remain in the United States." ... /1 …

Published: May 23, 2025 13:44

So many catastrophes, so little space. Yesterday, SCOTUS signalled that it will likely reverse 90 years of precedent, ending the independence of independent agencies, like NLRB & FTC, giving Trump still more power to abuse. Didn't make the front pages. …

Published: May 21, 2025 14:48

I am hoping—technology permitting—to live-blog this hearing at 11am for @lawfaremedia.org . Please stand-by. It relates to whether the Trump Adm violated a preliminary injunction by removing aliens to South Sudan. Backdrop below. ... /1 [contains quote…

Published: May 21, 2025 12:46

This morning, at 11am, Judge Brian Murphy will resume a hearing on whether the Trump Adm violated his preliminary injunction by sending aliens to South Sudan (not their homes) without notice & opp to challenge. Here’s the backdrop: ... 1/12

Published: May 19, 2025 14:37

A few late notes on SCOTUS’s AARP II ruling. Beyond extending for now the bar against removing aliens from NDTexas under the Alien Enemies Act, it does 3 key things. The biggest, below, is declaring ICE’s current ~24-hr notice policy unconstitutional. ... …

Published: May 18, 2025 18:48

In correcting an earlier (crucial) misstatement about Guatemalan OCG, whom govt removed to Mexico & is now hiding in Guatemala due to fear of persecution, govt inadvertently identified OCG's name, violating court order & heightening the danger OCG's in. …

Published: May 16, 2025 12:02

Last night, in the lawsuits brought for FBI agents who worked on Jan. 6 probes, who seek to prevent their names from being published, plaintiffs brought to Judge Cobb's attention the press conference of new DOJ Weaponization "captain" Ed Martin, who…

Published: May 15, 2025 00:34

Judge Sunshine Sykes of the CDCal (L.A. area) has granted a preliminary injunction barring govt from removing an alien under the Alien Enemies Act without 14 days notice & opp to challenge. Case not filed as class action, so apparently only applies to him.…

Published: May 14, 2025 22:08

Here is the criminal complaint affidavit against Harvard researcher Kseniia Petrova. It was sworn out almost 3 months after the incident, and long after her immigration detention had become an embarrassment to the Administration…

Published: May 14, 2025 21:59

In what looks likely to raise a weighty claim of selective and retaliatory prosecution, Pam Bondi's DOJ is now prosecuting Harvard researcher Kseniia Petrova on a felony charge of smuggling frog embryos into Logan Airport. …

Published: May 14, 2025 18:30

Judge Giles (EDVa) has ordered the release from detention of Georgetown Univ postdoc Badar Khan Suri. His visa was revoked after Secy Rubio deemed his presence to have "adverse foreign policy consquences." Detention violated 1st & 5th Am, Giles found....…

Published: May 14, 2025 01:31

This afternoon Judge David Briones of WD Texas provisionally certified a class and issued a temporary restraining order barring removal of anyone in that district under Trump's Alien Enemies Act Proclamation. (It's a short emergency order.) …

Published: May 13, 2025 21:47

In a separate order, accompanying the one below, Judge Haines, on her own motion, decertified the class. Govt asserted that no other Venezuelans deemed Tren de Aragua were currently in the WDPa, so she said she couldn't grant class treatment.…

Published: May 13, 2025 19:09

WD Pennsylvania Judge Stephanie Haines finds Trump's proclamation COMPLIES with Alien Enemies Act BUT govt is NOT currently providing adequate notice. /1 https://storage.courtlistener.com/recap/gov.uscourts.pawd.318716/gov.uscourts.pawd.318716.72.0_4.pdf

Published: May 13, 2025 18:38

In the Abrego Garcia case, Judge Xinis orders govt to file its privilege log, which was due yesterday, by 3pm today—that is, about 35 minutes after she issued this order. (A privilege log gives a description of the nature of the documents for which a…