Josh Gerstein
@joshgerstein.bsky.social
Sr. Legal Affairs Reporter, @POLITICO
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. DM for signal
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. DM for signal
Alt hed: Trump admin finds a Boasberg ruling it likes. Via @zjmontague.bsky.social www.nytimes.com/2025/12/01/u...
With Judge’s Ruling, a Powerful New Tool for Charging Crime in the Capital
www.nytimes.com
December 2, 2025 at 4:59 AM
Alt hed: Trump admin finds a Boasberg ruling it likes. Via @zjmontague.bsky.social www.nytimes.com/2025/12/01/u...
NEW: A week after pledging an "immediate appeal" of ruling throwing out Comey and James prosecutions, Justice Department hasn't appealed and ismulling seeking re-indictments, per sources. But revived cases face a slew of legal sandtraps. w/ @kyledcheney.bsky.social
www.politico.com/news/2025/12...
www.politico.com/news/2025/12...
DOJ deciding whether to seek new Comey, James indictments
The department could forgo an appeal of Lindsey Halligan’s disqualification and instead seek to bring new charges against James Comey and Letitia James.
www.politico.com
December 2, 2025 at 3:43 AM
NEW: A week after pledging an "immediate appeal" of ruling throwing out Comey and James prosecutions, Justice Department hasn't appealed and ismulling seeking re-indictments, per sources. But revived cases face a slew of legal sandtraps. w/ @kyledcheney.bsky.social
www.politico.com/news/2025/12...
www.politico.com/news/2025/12...
JUST IN: 9th Circuit goes en banc on CA law requiring background checks for buying ammunition. Panel ruled 2-1 in July that the law violates 2nd Amendment under #SCOTUS Bruen case. That decision nullified & 11-judge bench will rehear. Doc: cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
December 1, 2025 at 7:17 PM
JUST IN: 9th Circuit goes en banc on CA law requiring background checks for buying ammunition. Panel ruled 2-1 in July that the law violates 2nd Amendment under #SCOTUS Bruen case. That decision nullified & 11-judge bench will rehear. Doc: cdn.ca9.uscourts.gov/datastore/op...
BREAKING: 1st appeals court decision on controversial temporary US Attorney installations goes against Trump, 3-0. 3rd Circuit rejects bid to make Trump lawyer Alina Habba acting US attorney. Restrepo/ Smith/Fisher (Obama/GWB/GWB) Doc: www.documentcloud.org/documents/26...
HabbaOpn120125
www.documentcloud.org
December 1, 2025 at 2:00 PM
BREAKING: 1st appeals court decision on controversial temporary US Attorney installations goes against Trump, 3-0. 3rd Circuit rejects bid to make Trump lawyer Alina Habba acting US attorney. Restrepo/ Smith/Fisher (Obama/GWB/GWB) Doc: www.documentcloud.org/documents/26...
JUST IN: Judge Boasberg gives Trump admin one week to file affidavits from all officials involved in decision to carry out Alien Enemies Act deportation to El Salvador despite Boasberg's order to turn the planes around. 'Contempt prosecution' could follow www.documentcloud.org/documents/26...
Boasberg112825.PDF
www.documentcloud.org
November 28, 2025 at 9:42 PM
JUST IN: Judge Boasberg gives Trump admin one week to file affidavits from all officials involved in decision to carry out Alien Enemies Act deportation to El Salvador despite Boasberg's order to turn the planes around. 'Contempt prosecution' could follow www.documentcloud.org/documents/26...
CAUTIONARY TALE: Especially for those under 55 or so, worth a look at this moment from Reagan shooting TV coverage in 1981. youtu.be/lzyZ4pvaaxY?...
November 26, 2025 at 9:50 PM
CAUTIONARY TALE: Especially for those under 55 or so, worth a look at this moment from Reagan shooting TV coverage in 1981. youtu.be/lzyZ4pvaaxY?...
JUST IN: Prosecutors plan 25 to 28 (?!) witnessess at trial of WI Judge Hannah Dugan for allegedly helping undocumented immigrant evade federal authorities. Doc: www.documentcloud.org/documents/26...
DuganMinutes112625.PDF
www.documentcloud.org
November 26, 2025 at 6:46 PM
JUST IN: Prosecutors plan 25 to 28 (?!) witnessess at trial of WI Judge Hannah Dugan for allegedly helping undocumented immigrant evade federal authorities. Doc: www.documentcloud.org/documents/26...
JUST IN: #SCOTUS will permit US copyright chief Shira Perlmutter to remain in post for several months more despite Trump's effort to oust her. Thomas dissents as court punts admin's emergency appeal 'til after rulings on FTC/Slaughter & Fed/Cook Earlier: www.politico.com/live-updates...
Appeals court, weighing Trump’s Library of Congress takeover, reinstates copyright chief
Shira Perlmutter sued the Trump administration following her May dismissal.
www.politico.com
November 26, 2025 at 5:06 PM
JUST IN: #SCOTUS will permit US copyright chief Shira Perlmutter to remain in post for several months more despite Trump's effort to oust her. Thomas dissents as court punts admin's emergency appeal 'til after rulings on FTC/Slaughter & Fed/Cook Earlier: www.politico.com/live-updates...
BREAKING🚨🚨🚨: Prosecutor drops criminal case against Trump & allies over alleged scheme to steal 2020 election in Georgia. Says it would consume too many resources & Trump couldn't be tried until 2029 or later. Doc: www.documentcloud.org/documents/26...
GATrumpCaseDropped112625
www.documentcloud.org
November 26, 2025 at 4:11 PM
BREAKING🚨🚨🚨: Prosecutor drops criminal case against Trump & allies over alleged scheme to steal 2020 election in Georgia. Says it would consume too many resources & Trump couldn't be tried until 2029 or later. Doc: www.documentcloud.org/documents/26...
BREAKING: 11th Cir. upholds $1M penalty on Trump & Habba for frivolous suit v. Hillary Clinton, Comey, DNC, etc. over Russia claims. 'Trump & his attorneys committed sanctionable conduct,' per Judge W. Pryor (GWB) w/Brasher (Trump) Kidd (Biden) Doc: storage.courtlistener.com/recap/gov.us...
Opinion Issued – #251, Att. #1 in Donald Trump v. Hillary Clinton (11th Cir., 22-13410) – CourtListener.com
Opinion issued by court as to Appellant Donald J. Trump in 22-13410, Appellant Alina Habba in 22-14099, 23-10387, 23-13177. Decision: Vacated and Remanded as to Orbis Business Intelligence, Ltd.; Affi...
storage.courtlistener.com
November 26, 2025 at 2:43 PM
BREAKING: 11th Cir. upholds $1M penalty on Trump & Habba for frivolous suit v. Hillary Clinton, Comey, DNC, etc. over Russia claims. 'Trump & his attorneys committed sanctionable conduct,' per Judge W. Pryor (GWB) w/Brasher (Trump) Kidd (Biden) Doc: storage.courtlistener.com/recap/gov.us...
What issues have Democrats made a similarly stunning reversal on? Anti-immigrant stance of labor unions at one time? Russia threat discussed in Obama-Romney debate? Tariffs? (None a perfect parallel.)
This is true, but it's also worth stepping back and pondering how absolutely bonkers it is that the GOP under Trump's influence have gone from multi-generation Russia hawks to Moscow's errand boys.
I know why but still, it's very, very weird!
I know why but still, it's very, very weird!
The crazy thing about Trump II is that we really have no idea who is drafting the war plans or the peace plans, or even how much Trump is in the loop on either.
November 25, 2025 at 10:44 PM
What issues have Democrats made a similarly stunning reversal on? Anti-immigrant stance of labor unions at one time? Russia threat discussed in Obama-Romney debate? Tariffs? (None a perfect parallel.)
JUST IN: Judge dismisses suit against EEOC by female Amazon driver who said policy denying bathroom breaks is sex discrimination since men could pee anywhere. Trevor McFadden (Trump) rejects suit re EEOC/disparate-impact, but says she can sue company. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
ecf.dcd.uscourts.gov
November 25, 2025 at 10:41 PM
JUST IN: Judge dismisses suit against EEOC by female Amazon driver who said policy denying bathroom breaks is sex discrimination since men could pee anywhere. Trevor McFadden (Trump) rejects suit re EEOC/disparate-impact, but says she can sue company. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
JUST IN: Convicted attempted Trump assassin Ryan Routh invites Trump to "punch him in the face, as many times as you want." Also taunts: "Don't be a pussy." storage.courtlistener.com/recap/gov.us...
#373 in United States v. Routh (S.D. Fla., 9:24-cr-80116) – CourtListener.com
MOTION to Compel Witnesses by Ryan Wesley Routh. Responses due by 12/9/2025. (wce) (Entered: 11/25/2025)
storage.courtlistener.com
November 25, 2025 at 10:05 PM
JUST IN: Convicted attempted Trump assassin Ryan Routh invites Trump to "punch him in the face, as many times as you want." Also taunts: "Don't be a pussy." storage.courtlistener.com/recap/gov.us...
IS 4TH JUDGE A CHARM?: 3rd recusal in Trump admin's suit against MN and Minneapolis over sanctuary laws sends case from Judge Jerry Blackwell (Biden) to Judge Eric Tostrud (Trump). No reason given for recusal.
UPDATE: Another recusal. Suit goes from Judge Kate Menendez (Biden) to Judge Jerry W. Blackwell (Biden). Also birdie told me earlier recusal by Judge Bryan likely due to his wife being MN Solicitor General.
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
November 25, 2025 at 9:50 PM
IS 4TH JUDGE A CHARM?: 3rd recusal in Trump admin's suit against MN and Minneapolis over sanctuary laws sends case from Judge Jerry Blackwell (Biden) to Judge Eric Tostrud (Trump). No reason given for recusal.
Reposted by Josh Gerstein
BREAKING: In Judge Boasberg's contempt inquiry, Plaintiffs include Emil Bove, now a Third Circuit judge, on their list of potential witnesses. Others include Erez Reuveni and Drew Ensign—both of whom Boasberg mentioned as likely witnesses—and Yaakov Roth, a senior official in DOJ's Civil Division.
November 25, 2025 at 8:03 PM
BREAKING: In Judge Boasberg's contempt inquiry, Plaintiffs include Emil Bove, now a Third Circuit judge, on their list of potential witnesses. Others include Erez Reuveni and Drew Ensign—both of whom Boasberg mentioned as likely witnesses—and Yaakov Roth, a senior official in DOJ's Civil Division.
Reposted by Josh Gerstein
Benny Johnson shows up 8 times in Sara Ellis' opinion, partly by capturing Noem and Bovino saying illegal shit.
xcancel.com/bennyjohnson...
xcancel.com/bennyjohnson...
![On October 3, 2025, Secretary Noem spoke to agents at the Broadview facility before
they began their shift. She said:
When we leave here, we’re going to go hard. We’re going to
hammer these guys who are advocating for violence against the
American people. What they are doing is advocating to harm not
just you and your colleagues but your families and they’re doxing
your identities and victimizing people every day by the way that
they’re talking, speaking, who they’re affiliated with, who they’re
funded with, and what they’re talking about as far as consequences
for what we’re doing by protecting this country. So we’re going to
go out there and we’re going to make sure that there’s
consequences for the way that they’re behaving, and then we’re
going to prosecute them. We’re going to bring them to justice.
We’re not taking this anymore. . . . We’re going to give you guys
all the authority that you need to arrest these individuals who are
advocating for violence against you.
Benny Johnson (@bennyjohnson), X (Oct. 3, 2025 1:05 p.m.), https://x.com/bennyjohnson/
status/1974174065985470970. Bovino followed up by telling the agents:
You’re going to be put in full effect . . . That crowd there is, is an
unsafe crowd on either side. . . . And when they resist, what
happens? They get arrested. So it’s now going to be a free arrest
zone. And, I’ll give them one warning that that’ll be for safety of,
of us and the Secretary to leave. So they’re getting it here as soon
as we leave.
Id. Secretary Noem finished by stating, “[m]ake sure that these individuals are not allowed to
conduct this kind of activity anymore.” Id.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreig2d3dv5uenevfeysdwtzufmkdzaesuprpyomamh3fmnnaq3xq3se@jpeg)
November 25, 2025 at 6:54 PM
Benny Johnson shows up 8 times in Sara Ellis' opinion, partly by capturing Noem and Bovino saying illegal shit.
xcancel.com/bennyjohnson...
xcancel.com/bennyjohnson...
Isn't the secretary also in the approval chain for any court martial if it ever happened? Kind of Bergdahl redux here, if we assume this isn't pure posturing.....
November 25, 2025 at 8:34 PM
Isn't the secretary also in the approval chain for any court martial if it ever happened? Kind of Bergdahl redux here, if we assume this isn't pure posturing.....
UPDATE: Case assigned to Judge Christopher Cooper (Obama)
BREAKING: 23-year DOJ veteran fired after being caught in video sting predicting partisan handling of Epstein files sues to regain job. Joseph Schnitt says firing violates 1st Amendment because his comments were intended to be private www.politico.com/news/2025/11...
Former DOJ official whose remarks about Epstein files were recorded sues over firing
In the lawsuit, Joseph Schnitt claims he was secretly recorded during private conversations with a woman he met on Hinge.
www.politico.com
November 25, 2025 at 3:31 PM
UPDATE: Case assigned to Judge Christopher Cooper (Obama)
UPDATE: Another recusal. Suit goes from Judge Kate Menendez (Biden) to Judge Jerry W. Blackwell (Biden). Also birdie told me earlier recusal by Judge Bryan likely due to his wife being MN Solicitor General.
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in United States v. State of Minnesota (D. Minnesota, 0:25-cv-03798) – CourtListener.com
COMPLAINT against City of Minneapolis, Minnesota, City of St. Paul, Minnesota, Keith Ellison, Hennepin County, Minnesota, State of Minnesota, Dawanna S. Witt filed by United States of America. No summ...
storage.courtlistener.com
November 25, 2025 at 3:20 PM
UPDATE: Another recusal. Suit goes from Judge Kate Menendez (Biden) to Judge Jerry W. Blackwell (Biden). Also birdie told me earlier recusal by Judge Bryan likely due to his wife being MN Solicitor General.
My take on AP White House access arguments today at DC Circuit: not too suspenseful since Katsas & Rao already issued stay allowing Trump to keep blocking AP access to the Oval and AF1. They seemed surprised DOJ wasn't pushing harder to get AP out of East Room, too www.politico.com/newsletters/...
November 25, 2025 at 4:27 AM
My take on AP White House access arguments today at DC Circuit: not too suspenseful since Katsas & Rao already issued stay allowing Trump to keep blocking AP access to the Oval and AF1. They seemed surprised DOJ wasn't pushing harder to get AP out of East Room, too www.politico.com/newsletters/...
JUST IN: DHS drops subpoena directed to Meta/Instagram over alleged doxxing of CBP personnel. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
MetaSubpoena112425
www.documentcloud.org
November 25, 2025 at 2:39 AM
JUST IN: DHS drops subpoena directed to Meta/Instagram over alleged doxxing of CBP personnel. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
BREAKING: 23-year DOJ veteran fired after being caught in video sting predicting partisan handling of Epstein files sues to regain job. Joseph Schnitt says firing violates 1st Amendment because his comments were intended to be private www.politico.com/news/2025/11...
Former DOJ official whose remarks about Epstein files were recorded sues over firing
In the lawsuit, Joseph Schnitt claims he was secretly recorded during private conversations with a woman he met on Hinge.
www.politico.com
November 25, 2025 at 1:36 AM
BREAKING: 23-year DOJ veteran fired after being caught in video sting predicting partisan handling of Epstein files sues to regain job. Joseph Schnitt says firing violates 1st Amendment because his comments were intended to be private www.politico.com/news/2025/11...
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in United States v. State of Minnesota (D. Minnesota, 0:25-cv-03798) – CourtListener.com
COMPLAINT against City of Minneapolis, Minnesota, City of St. Paul, Minnesota, Keith Ellison, Hennepin County, Minnesota, State of Minnesota, Dawanna S. Witt filed by United States of America. No summ...
storage.courtlistener.com
November 24, 2025 at 10:18 PM
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
BREAKING🚨🚨🚨: Judge rules Trump pick Lindsey Halligan illegally appointed to US Attorney post, dismisses Comey & James cases. But "without prejudice," so they could be refiled although Comey's attorneys say statute of limitations has run. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
Comey, James cases dismissed as judge disqualifies interim US attorney Lindsey Halligan
A judge concluded Halligan’s appointment violated laws that limit the ability of DOJ to install top prosecutors without Senate confirmation.
www.politico.com
November 24, 2025 at 5:54 PM
BREAKING🚨🚨🚨: Judge rules Trump pick Lindsey Halligan illegally appointed to US Attorney post, dismisses Comey & James cases. But "without prejudice," so they could be refiled although Comey's attorneys say statute of limitations has run. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
JUST IN: DOJ petition seeking unsealing of Florida-based Epstein grand jury records is transferred from Judge Robin Rosenberg (Obama) to Judge Rodney Smith (Trump). Earlier: www.politico.com/news/2025/11...
DOJ makes a new attempt to unseal Epstein grand jury records
Though federal law typically requires grand jury material to remain secret, DOJ officials say the new law Trump signed ordering the files’ release supersedes those restrictions.
www.politico.com
November 24, 2025 at 3:33 PM
JUST IN: DOJ petition seeking unsealing of Florida-based Epstein grand jury records is transferred from Judge Robin Rosenberg (Obama) to Judge Rodney Smith (Trump). Earlier: www.politico.com/news/2025/11...