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Posts by Roger Parloff

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Just noticing that, in Abrego's civil case, on 4/17 govt appealed Judge Xinis's "constructive denial" of its motion to lift her order blocking his removal to Liberia. Govt told Xinis to rule by 4/17; she said it had no power to give her a deadline & set a hrg for 4/28. Govt blew her off & appealed.

12 hours ago 68 21 6 3
"Part of the reason the weaponization work has been difficult is that you need people who are MAGA and who are really competent," said Chad Mizelle, former chief of staff for Bondi. "Many career prosecutors are not interested in this kind of work. It's a very small group of people."

"Part of the reason the weaponization work has been difficult is that you need people who are MAGA and who are really competent," said Chad Mizelle, former chief of staff for Bondi. "Many career prosecutors are not interested in this kind of work. It's a very small group of people."

Bondi's former chief of staff Chad Mizelle: "Part of the reason the weaponization work has been difficult is that you need people who are MAGA and who are really competent."
From @paulareidcnn.bsky.social and other @cnn.com folks:

12 hours ago 1229 344 113 118
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The Trump Administration Comes for State Voter Rolls Why the Department of Justice is demanding state voter registration lists, why most states are resisting, and the court battles so far.

To understand the backdrop, see @ericcolumbus.bsky.social in @lawfaremedia.org :
3/3
www.lawfaremedia.org/article/the-...

15 hours ago 30 11 1 0
Most states have resisted DOJ’s unprecedented data demands. DOJ has sued 30 states and the District of Columbia to force compliance with its requests. Federal courts have dismissed five of DOJ’s suits for failure to state a claim, with two holding that the agency’s data demands exceed its statutory authority and violate federal and state privacy laws.

Most states have resisted DOJ’s unprecedented data demands. DOJ has sued 30 states and the District of Columbia to force compliance with its requests. Federal courts have dismissed five of DOJ’s suits for failure to state a claim, with two holding that the agency’s data demands exceed its statutory authority and violate federal and state privacy laws.

Suit notes that DOJ has now sued to get such info from 30 states + DC. 5 district judges have rejected the suits, which are on appeal. 12 to 19 other states have provided info. Suit brought by attys for @citizensforethics.org @protectdemocracy.org @aclu.org
2/3

15 hours ago 35 5 1 0
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New suit by @commoncause.org seeks to halt DOJ’s nationwide effort to gather confidential state voter rolls, alleging that DOJ's violating separation of powers, Privacy Act & other laws & creating cybersecurity risks.
assets.aclu.org/live/uploads...

15 hours ago 170 55 2 0

it's a biggie. it's not worth disbarment. it is colossal hypocrisy. sorry i was unclear.

18 hours ago 4 0 1 0
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Lessons From the Minnesota Civil Contempt Case “The government’s understaffing and high case load is a problem of its own making,” a federal judge observed.

For further factual background, see: For factual background for the remarkable case, see below:
www.lawfaremedia.org/article/less...

1 day ago 18 6 1 0
UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
No. 26-1327
Rigoberto Soto Jimenez
Appellee
Todd Blanche, Acting Attorney General, et al.
----.
------
Matthew Isihara
Appellant
Appeal from U.S. District Court for the District of Minnesota (0:26-cv-00957-LMP)
ORDER
The court hereby denies the motion to dismiss, but grants the alternative motion to
appoint an amicus curiae to argue in support of the district court's contempt order. Jeffrey P.
Justman is hereby appointed as amicus curiae. The brief of amicus curiae shall be due on May
20, 2026.
April 20, 2026

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 26-1327 Rigoberto Soto Jimenez Appellee Todd Blanche, Acting Attorney General, et al. ----. ------ Matthew Isihara Appellant Appeal from U.S. District Court for the District of Minnesota (0:26-cv-00957-LMP) ORDER The court hereby denies the motion to dismiss, but grants the alternative motion to appoint an amicus curiae to argue in support of the district court's contempt order. Jeffrey P. Justman is hereby appointed as amicus curiae. The brief of amicus curiae shall be due on May 20, 2026. April 20, 2026

NEW: Eighth Circuit does NOT dismiss DOJ's appeal of the civil contempt order against a DOJ lawyer in one of the Minnesota cases (as requested by the habeas petitioner, represented here by @smmarotta.bsky.social), but does appoint a lawyer (Jeffrey Justman) to argue in defense of the contempt order.

1 day ago 153 48 2 2

"to appoint amici" or "to appoint an amicus," but I'm not sure if he's asking for one amicus counsel to argue his motion as to all the cases (US v Nordean; US v Rhodes; US v Minuta) or one for Proud Boys (Nordean) and one for OKs (Rhodes & Minuta).

1 day ago 24 1 0 0
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#01208842085 in United States v. Zachary Rehl (D.C. Cir., 23-3162) – CourtListener.com RESPONSE IN OPPOSITION [2169312] to motion to participate as amicus curiae [2169291-2] filed by Zachary Rehl [Service Date: 04/20/2026 by CM/ECF NDA] Length Certification: compliance is 1394 and 7 pag...

And Proud Boy Zach Rehl has filed a pro se brief opposing, also.
storage.courtlistener.com/recap/gov.us...

1 day ago 47 9 2 0
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#01208842139 in United States v. Ethan Nordean (D.C. Cir., 23-3159) – CourtListener.com APPELLANT MEMORANDUM OF LAW AND FACT [2169338] filed by Joseph R. Biggs in 23-3161 [Service Date: 04/20/2026 ] Length Certification: 3066 words. [23-3159, 23-3161] (Pattis, Norman) [Entered: 04/20/202...

Proud Boy Joe Biggs has filed a brief opposing ...
storage.courtlistener.com/recap/gov.us...

1 day ago 41 9 1 0
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#01208842361 in United States v. Ethan Nordean (D.C. Cir., 23-3159) – CourtListener.com AMICUS FOR APPELLANT BRIEF [2169455] filed by Representative Jamie Raskin [Service Date: 04/17/2026 ] Length of Brief: 2,092 Words. [23-3159, 23-3160, 23-3161, 23-3162] (Sher, Justin) [Entered: 04/20/...

Jamie Raskin has filed briefs supporting his motions for the court to appoint an amici to contest vacating the convictions of Proud Boys and Oath Keepers. Here's the Proud Boys version ...
storage.courtlistener.com/recap/gov.us...

1 day ago 589 182 7 8
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221. Chief Justice Roberts and the Clean Power Plan Remarkable reporting from the New York Times provides a peek behind the curtain of the February 2016 rulings that ushered in the modern emergency docket. And what it reveals is pretty discouraging.

"In the first major case in which the Court granted emergency relief as a means of shaping nationwide policy, it turns out that the justice who led the charge was the one who was doing quite a bit more than calling balls and strikes."

Me on Saturday's @nytimes.com scoop in today's "One First":

1 day ago 1195 430 39 26
Video

Today's Lawfare Daily is the April 17 live where @benjaminwittes.lawfaremedia.org, @ericcolumbus.bsky.social, @annabower.bsky.social, and @rparloff.bsky.social discussed a judge blocking the White House ballroom construction, the disbarment of John Eastman, and more. www.youtube.com/live/rgJgusc...

1 day ago 35 11 2 1

Aside:
Maria Bartiromo is a Trump-appointed trustee at the Kennedy Center, who voted to change its name to Trump-Kennedy Center in the face of laws dictating it be a "living memorial" to JFK & forbidding other "memorials" or "plaques" "in the nature of memorials" on it

2 days ago 124 36 3 0

something I actually saw. (Though now that you mention it, you're right, it might also be a cryptic omen meaning that Trump's toast. 🙂)

2 days ago 15 0 3 0
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2 days ago 213 18 12 1
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The Inside Story of Five Days That Remade the Supreme Court

There’s so much to say about the remarkable reporting from Jodi Kantor & Adam Liptak—and I’ll say a lot of it in Monday’s newsletter.

But the most striking thing about all of it is the role & behavior of Chief Justice Roberts. “Calling balls and strikes” this ain’t:

www.nytimes.com/2026/04/18/u...

3 days ago 1866 559 77 51
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Justice Department Shakes Up Probe Into Alleged Trump Conspiracy The Justice Department is shaking up the team probing former CIA Director John Brennan as part of a broad investigation into an alleged years-long conspiracy against President Donald Trump, according ...

Scoop: As top prosecutor exits DOJ grand conspiracy probe into Brennan & co., a less experienced political appointee recently joined the case.
Todd Blanche aide & former Cannon clerk during Jack Smith case, Christopher-James DeLorenz, is now handling Brennan. news.bloomberglaw.com/us-law-week/...

4 days ago 41 33 6 3
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Lawfare Live: The Trials of the Trump Administration, April 17 YouTube video by Lawfare

In 1 hour join @benjaminwittes.lawfaremedia.org, @ericcolumbus.bsky.social, @annabower.bsky.social, and @rparloff.bsky.social for a live discussion of the D.C. Circuit blocking Judge Boasberg's contempt inquiry, a nationwide warrant against an ICE agent, and more.

4 days ago 24 9 0 2
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Top prosecutor in Florida removed from probe into ex-CIA Director John Brennan: Sources A top prosecutor has been removed from the DOJ's investigation into former CIA Director John Brennan after she allegedly expressed doubts about the probe, sources say.

abcnews.com/US/top-prose...

4 days ago 88 33 7 3

Watched this last night. It is an excellent discussion.

4 days ago 10 3 0 0

He says “the government’s motion to dismiss the prosecution supports the selective prosecution because it is an act of prosecutorial decision making, though there are some timing and other questions that could complicate matters.”

4 days ago 9 0 0 0
Lawfare Daily: The Justice Department Throws Out the Proud Boys and Oath Keeper Cases
Lawfare Daily: The Justice Department Throws Out the Proud Boys and Oath Keeper Cases YouTube video by Lawfare

Watch their discussion: youtu.be/tho_W0Yg86Y

4 days ago 23 12 1 1
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DOJ has moved to drop the last remaining Jan. 6 insurrection criminal matters: the Oath Keepers and Proud Boys seditious conspiracy cases.

@benjaminwittes.lawfaremedia.org, @rparloff.bsky.social, @michael-feinberg.bsky.social, Troy Edwards, and James Pearce discuss the decision on Lawfare Daily.

4 days ago 46 24 5 1
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U.S. Government Agrees to $1.25 Million Settlement in Michael Flynn Suit Lawfare obtained the settlement document through a Freedom of Information Act lawsuit filed in federal court earlier this year.

NEW: We obtained the government’s settlement agreement with Michael Flynn.

As previously reported, DOJ agreed to pay $1.25 million to settle Flynn’s claims that he was wrongfully prosecuted.

But docs suggest a separate settlement could be in the works: www.lawfaremedia.org/article/u.s....

4 days ago 1053 542 84 89
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For today's @lawfaremedia.org podcast we discuss govt motions to dismiss the last J6 Proud Boys/Oath Keeper cases. Former FBI agent @michael-feinberg.bsky.social & ex-prosecutors Troy Edwards & James Pearce discuss with @benjaminwittes.lawfaremedia.org & me.
www.lawfaremedia.org/article/lawf...

4 days ago 48 16 1 1

To learn more on this issue see my @lawfaremedia.org piece, written when DOJ was a mere 0 for 3 in the courts on this issue. They've subsequently lost 2 more, with about 25 cases still pending.
www.lawfaremedia.org/article/the-...

4 days ago 201 55 3 1
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Two Magicians Warn the Supreme Court About Junk Science

Like the 2022 @theonion.com amicus brief on parody and the First Amendment, further evidence that funny people can make serious points to the Supreme Court.

GIFT LINK:

www.nytimes.com/2026/04/16/u...

4 days ago 235 66 10 9
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JUST IN: Judge McElroy, a Trump appointee, continues DOJ’s unbroken losing streak in efforts to obtain state voter rolls. She calls it a “fishing expedition.” storage.courtlistener.com/recap/gov.us...

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