Michael Froomkin
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mfroomkin.bsky.social
Michael Froomkin
@mfroomkin.bsky.social
U.Miami Lawprof. Techie. Teach AI, AdLaw, https://tinyurl.com/concrisis, Jurisprudence & Privacy. EIC of Jotwell.com. Home@ https://law.tm. Survivor of many medical things that should have killed me but didn't. Remains to be seen if I'm stronger.
Got a review copy today. It's--I kid you not--677 pages long. Has it come to this already???
November 13, 2025 at 11:25 PM
No, wait, the day wasn't over. *This* is the new low. And it's not even 5pm here.
Today, the judge deciding the legality of Lindsey Halligan's appointment said the court reporter stopped transcribing grand jury proceedings in the Comey case at 4:28 PM. That's over TWO HOURS that's missing.
November 13, 2025 at 9:46 PM
New low? (I feel like I could save a lot of time just saying that five posts a week.)
An interesting tidbit in the joint status report filed in the Broadview ICE facility case today:

ICE says video from inside the facility "between October 19, 2025, and October 31, 2025, has been irretrievably destroyed" and can't be produced in discovery.

www.courtlistener.com/docket/71832...
November 13, 2025 at 9:45 PM
Seems real:"Sunlight after dark"--"Reflect Orbital is delivering sunlight by building a constellation of in-space mirrors." I get the idea of deploying space shields to reduce global warming. Would this increase it? Plus dangers from, er, focusing it ("Diamonds Are Forever")?

www.reflectorbital.com
Reflect Orbital
Sunlight after dark
www.reflectorbital.com
November 13, 2025 at 5:41 PM
Will this pointless, destructive, vicious, military theater in Chicago go into the memory hole? I sure hope not.
NEW: @propublica.org investigated the Chicago apartment raid where kids were zip-tied and citizens detained for hours. They find:

- NONE of the arrested were criminally charged
- NO evidence the building was "filled with TdA terrorists."
- ZERO legitimate reason for DHS to rappel from a Blackhawk.
November 13, 2025 at 2:37 PM
2 AUSAs "quit rather than disclose in writing—with the threat of being indicted over misstatements—the names of colleagues...with whom they’d discussed...assignment to a national security unit expected to target those involved in past cases against...Trump."

news.bloomberglaw.com/product/blaw...
Bloomberg Law
news.bloomberglaw.com
November 12, 2025 at 11:14 PM
Reposted by Michael Froomkin
Jotwell Courtslaw:
Sergio J. Campos, You Get What You Pay For: Experts in Securities Class Actions, JOTWELL (November 12, 2025), courtslaw.jotwell.com/you-get-what....
November 12, 2025 at 10:23 PM
The only silver lining in the despicable Democratic collapse over the shutdown ("We won by being strong? Let's never do that again.") is that the House will be back in session, and they'll have to vote on releasing the #Epstein files.
November 12, 2025 at 2:36 AM
This won't last.
November 11, 2025 at 5:48 PM
Reposted by Michael Froomkin
Jotwell Corp:
Matteo Gatti, Saying Yes, But Meaning No—Rethinking Coercion in Debt Reorganizations, JOTWELL (Nov. 11, 2025) (reviewing Vincent S. J. Buccola & Marcel Kahan, Getting to Yes: The Role of Coercion in Debt Renegotiations, 17 J. Legal Analysis 166 (2025)), corp.jotwell.com/saying-yes-b...
November 11, 2025 at 3:18 PM
Looks like someone has figured out the value of religious support for any social movement.

Oh, and this is of course thoroughly illegal as a violation of the freedom of religion clause of the First Amendment.
November 9, 2025 at 5:46 PM
Responsible people wouldn't rely on facial recognition systems given all we know about how they fail. But this is ICE we're talking about...
Could errors from an AI surveillance tool cause ICE to grab and detain you? The agency’s use of facial recognition — and alarming new details on its reckless procedures for doing so — make that sci-fi-sounding nightmare an all too real risk, argues Jake Laperruque.
buff.ly/s0o5o7V
November 9, 2025 at 5:36 PM
One great advantage for the fascists is the extent to which normal reasonable people tend to assume there must be some truth in factual claims by government officials--even after evidence of months of lying.

www.theguardian.com/us-news/2025...
Border patrol chief reprimanded for lying claims shots were fired at immigration officers in Chicago
Gregory Bovino was called out by a judge only two days earlier for lying about being assaulted by a protester
www.theguardian.com
November 9, 2025 at 2:57 PM
Reposted by Michael Froomkin
Jotwell Adlaw:
Jameson Payne, Vacatur as Redressability: Towards a New History of Universal Relief, JOTWELL (November 6, 2025) (reviewing Eli Nachmany, Vacatur as Complete Relief, 2025 Cato Sup. Ct. Rev. 77 (2025)), adlaw.jotwell.com/vacatur-as-r....
November 6, 2025 at 3:14 PM
Reposted by Michael Froomkin
Jotwell Worklaw:
Charlotte S. Alexander, A Constitutional Reckoning for Workers’ Compensation, JOTWELL (November 5, 2025), worklaw.jotwell.com/a-constituti....
November 5, 2025 at 4:39 PM
The thing most small investors don't know is that their ETFs, whatever they are called, are likely overweight in FANG because that is how the managers beat the index. When they go up, the ETF looks great in the league table. On the other hand...
November 5, 2025 at 4:37 PM
I'm enraged.
On a basic level, I just do not think people are enraged enough about how there is not a single member of congress actively working to remove Trump from office.
November 5, 2025 at 5:30 AM
Scenario:

1 Mamdani pokes Trump in the eye with his speech;
2 Trump responds by illegally withholding funds from New York City and doing everything he can to upset Mamdani's agenda;
3 Trump's opposition becomes the excuse for Mamdani not being able to deliver on his promises.

What are the odds?
November 5, 2025 at 5:27 AM
Another brutality in Chicago. Is there anyone who defends this?
NEW: Footage of a US citizen in Chicago being rammed then dragged from her car on her way to work.

Abducted, with no warrant, her family couldn’t find her for hours.

She was later released with NO CHARGE.

A DHS statement said she “violently resisted arrest, injuring two officers”.

You decide…
November 4, 2025 at 6:57 PM
Surely happy Border Patrol agents having a good time contributes to winning hearts and minds?
A Border Patrol agent was caught on video telling another to throw tear gas “for fun,” according to a court filing. They also mocked protesters and residents who were getting gassed.
November 4, 2025 at 5:20 PM
While I imagine that giving Lindsey Halligan the additional position of “special attorney" might work to preserve her charging authority going forward, I'm at a loss to see how DOJ believes this can have retroactive effect.

news.bloomberglaw.com/product/blaw...
Bloomberg Law
news.bloomberglaw.com
November 4, 2025 at 12:16 PM
Reposted by Michael Froomkin
It’s enraging the extent to which the corporate media is not relentlessly covering and showing this brutality.
It’s clear who the aggressors are. Keep remaining nonviolent, and record EVERYTHING. All of these masked ICE thugs will be held accountable.
November 3, 2025 at 3:39 PM
I'd like see one of those hard-nosed interviewers from the BBC take Trump on since we seem unable to do it domestically and lack the technology to resurrect Mike Wallace. But Trump would walk out.

criticalread.substack.com/p/cbss-inter...
CBS’s interview with Donald Trump was an abdication
The elephant in the room is that he lies all the time
criticalread.substack.com
November 3, 2025 at 6:45 PM