Roger Parloff
@rparloff.bsky.social
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.
Upholding $1M sanction against Trump & Habba, 11th Cir. held:
• Arguments were "frivolous"
• "Malicious prosecution claim without a prosecution"
• "Trade secrets claim without a trade secret"
• 7 claims w/o cause of action
• 11 of 16 claims not even appealed
• "Pattern of misusing the courts"
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• Arguments were "frivolous"
• "Malicious prosecution claim without a prosecution"
• "Trade secrets claim without a trade secret"
• 7 claims w/o cause of action
• 11 of 16 claims not even appealed
• "Pattern of misusing the courts"
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November 27, 2025 at 3:14 PM
Upholding $1M sanction against Trump & Habba, 11th Cir. held:
• Arguments were "frivolous"
• "Malicious prosecution claim without a prosecution"
• "Trade secrets claim without a trade secret"
• 7 claims w/o cause of action
• 11 of 16 claims not even appealed
• "Pattern of misusing the courts"
1/2
• Arguments were "frivolous"
• "Malicious prosecution claim without a prosecution"
• "Trade secrets claim without a trade secret"
• 7 claims w/o cause of action
• 11 of 16 claims not even appealed
• "Pattern of misusing the courts"
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"Reasonable minds could differ as to how to interpret" Trump's call to Raffensperger, writes Skandalakis in his memo dropping the case, without quoting any portion of the call. Here's his assessment at left, and an excerpt from the call, at right.
November 26, 2025 at 5:11 PM
"Reasonable minds could differ as to how to interpret" Trump's call to Raffensperger, writes Skandalakis in his memo dropping the case, without quoting any portion of the call. Here's his assessment at left, and an excerpt from the call, at right.
In JGG, Govt repeats previous positions in response to Boasberg's contempt inquiry. Says DAG Todd Blanche & PADAG Emil Bove gave legal advice, & Secy Noem made decision. storage.courtlistener.com/recap/gov.us...
November 26, 2025 at 1:24 AM
In JGG, Govt repeats previous positions in response to Boasberg's contempt inquiry. Says DAG Todd Blanche & PADAG Emil Bove gave legal advice, & Secy Noem made decision. storage.courtlistener.com/recap/gov.us...
Regarding Boasberg inquiry into potential contempt in JGG, petitioners ask govt to identify everyone involved in decision not to halt transfer of Venezuelans out of U.S. on 3/15. Their potential wish-list of witnesses includes Drew Ensign & Emil Bove.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
November 25, 2025 at 5:25 PM
Regarding Boasberg inquiry into potential contempt in JGG, petitioners ask govt to identify everyone involved in decision not to halt transfer of Venezuelans out of U.S. on 3/15. Their potential wish-list of witnesses includes Drew Ensign & Emil Bove.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
We've now posted on @lawfaremedia.org the live blog of Abrego's remarkable ~4-hr hearing Thurs, with a precis. The govt spent half the hearing suggesting that Costa Rica would no longer accept Abrego, tho WaPo later reported that it would.
www.lawfaremedia.org/article/abre...
www.lawfaremedia.org/article/abre...
November 24, 2025 at 4:37 PM
We've now posted on @lawfaremedia.org the live blog of Abrego's remarkable ~4-hr hearing Thurs, with a precis. The govt spent half the hearing suggesting that Costa Rica would no longer accept Abrego, tho WaPo later reported that it would.
www.lawfaremedia.org/article/abre...
www.lawfaremedia.org/article/abre...
In JGG (the original Alien Tort Claims Act case), Judge Boasberg orders submissions on "how the Court's inquiry regarding a potential contempt referral should proceed, including names of possible witnesses and dates for hearings," by tomorrow close of business.
November 24, 2025 at 3:45 PM
In JGG (the original Alien Tort Claims Act case), Judge Boasberg orders submissions on "how the Court's inquiry regarding a potential contempt referral should proceed, including names of possible witnesses and dates for hearings," by tomorrow close of business.
FWIW, a court reporter's account, submitted *by the govt* on 11/19 in the Comey case--before it switched positions on 11/20—shows that the full grand jury could not possibly have approved the operational 2-count indictment.
The jury was "released" when deliberations ended.
The jury was "released" when deliberations ended.
November 23, 2025 at 4:48 PM
FWIW, a court reporter's account, submitted *by the govt* on 11/19 in the Comey case--before it switched positions on 11/20—shows that the full grand jury could not possibly have approved the operational 2-count indictment.
The jury was "released" when deliberations ended.
The jury was "released" when deliberations ended.
Judge Schofield will hear argument 12/4 on whether US Attorney for the Northern District of NY was lawfully appointed. (Arises in Letitia James' challenge to a grand jury subpoena issued there.)
November 21, 2025 at 6:06 PM
Judge Schofield will hear argument 12/4 on whether US Attorney for the Northern District of NY was lawfully appointed. (Arises in Letitia James' challenge to a grand jury subpoena issued there.)
In reply brief seeking disclosure of grand jury minutes, Comey's attys observe that the grand jury's deliberations in his case (2 hr 12 min) lasted longer than the presentation (2 hr 10 min). storage.courtlistener.com/recap/gov.us...
November 21, 2025 at 2:12 PM
In reply brief seeking disclosure of grand jury minutes, Comey's attys observe that the grand jury's deliberations in his case (2 hr 12 min) lasted longer than the presentation (2 hr 10 min). storage.courtlistener.com/recap/gov.us...
DOJ & Halligan attack Judge Nachmanoff. But he did not call Halligan a puppet. He asked the defense if its legal position was that Halligan had been acting as a stalking horse or puppet--doing a vindictive president's bidding. (Which she almost certainly was.)
November 20, 2025 at 12:59 PM
DOJ & Halligan attack Judge Nachmanoff. But he did not call Halligan a puppet. He asked the defense if its legal position was that Halligan had been acting as a stalking horse or puppet--doing a vindictive president's bidding. (Which she almost certainly was.)
Govt "takes no position" on whether to unseal its inexplicably sealed original sentencing memo in case of Taylor Taranto, which had removed paragraphs describing the J6 "mob of rioters" & had referenced the role a Trump post played in one of Taranto's crimes. Judge orders memo unsealed.
November 19, 2025 at 11:45 PM
Govt "takes no position" on whether to unseal its inexplicably sealed original sentencing memo in case of Taylor Taranto, which had removed paragraphs describing the J6 "mob of rioters" & had referenced the role a Trump post played in one of Taranto's crimes. Judge orders memo unsealed.
From my notes—not a transcript, which doesn't exist yet—this was the exchange between Judge Nachmanoff & AUSA Lemons about the deputy AG telling him not to reveal if there was a declination memo in the Comey case. (A memo on why prosecutors weren't bringing charges.)
November 19, 2025 at 8:13 PM
From my notes—not a transcript, which doesn't exist yet—this was the exchange between Judge Nachmanoff & AUSA Lemons about the deputy AG telling him not to reveal if there was a declination memo in the Comey case. (A memo on why prosecutors weren't bringing charges.)
Big dispute about that. Comey says if the indictment is void then the statute ran out Sept. 30 & the case is over. Govt will argue that they should get 6 more months under 18 USC 3288 (below). Comey also argues that case should be dism'd with prejudice under court's supervisory powers.
November 19, 2025 at 6:09 PM
Big dispute about that. Comey says if the indictment is void then the statute ran out Sept. 30 & the case is over. Govt will argue that they should get 6 more months under 18 USC 3288 (below). Comey also argues that case should be dism'd with prejudice under court's supervisory powers.
At end of hearing, Judge Nachmanoff ordered parties to brief how (noncontrolling) DC Circuit case Gaither v. US impacts Comey's. Facts in Gaither not exactly the same. But it creates "flat rule" of "dismissal of indictments not found by 12 grand jurors." law.justia.com/cases/federa...
November 19, 2025 at 6:05 PM
At end of hearing, Judge Nachmanoff ordered parties to brief how (noncontrolling) DC Circuit case Gaither v. US impacts Comey's. Facts in Gaither not exactly the same. But it creates "flat rule" of "dismissal of indictments not found by 12 grand jurors." law.justia.com/cases/federa...
Belatedly noticing that in Letitia James's motion to see certain grand jury minutes—narrower than Comey's—she also asks Judge Jamar Walker to review all GJ minutes & recordings in camera, in light of apparent misstatements of law Mag Judge Fitzpatrick found in Comey's.
November 18, 2025 at 1:58 PM
Belatedly noticing that in Letitia James's motion to see certain grand jury minutes—narrower than Comey's—she also asks Judge Jamar Walker to review all GJ minutes & recordings in camera, in light of apparent misstatements of law Mag Judge Fitzpatrick found in Comey's.
Judge Nachmanoff has stayed Mag Judge Fitzpatrick's order to turn over grand jury minutes to Comey. He'll give govt till Wed 5pm to state its objections; Comey to respond by Friday 5pm.
November 18, 2025 at 1:15 AM
Judge Nachmanoff has stayed Mag Judge Fitzpatrick's order to turn over grand jury minutes to Comey. He'll give govt till Wed 5pm to state its objections; Comey to respond by Friday 5pm.
In Abrego's civil case, govt suddenly claimed on 11/7 that Costa Rica, where Abrego was willing to go, will no longer take him. Only Liberia. It cited a sealed affidavit by an ICE official. Just now, Judge Xinis strikes that affidavit unless the official will testify Thursday.
November 17, 2025 at 11:26 PM
In Abrego's civil case, govt suddenly claimed on 11/7 that Costa Rica, where Abrego was willing to go, will no longer take him. Only Liberia. It cited a sealed affidavit by an ICE official. Just now, Judge Xinis strikes that affidavit unless the official will testify Thursday.
A grim comedic aspect of Mag Judge Fitzpatrick's ruling in Comey's case, finding that Halligan "potentially undermine[d] the integrity of the grand jury" with "fundamental misstatements of the law," is that AG Bondi purported to review those minutes & to ratify everything Halligan did—twice.
November 17, 2025 at 6:07 PM
A grim comedic aspect of Mag Judge Fitzpatrick's ruling in Comey's case, finding that Halligan "potentially undermine[d] the integrity of the grand jury" with "fundamental misstatements of the law," is that AG Bondi purported to review those minutes & to ratify everything Halligan did—twice.
Fitzpatrick also says that either Halligan is wrong about the grand jury minutes being complete or we are in "uncharted territory" because the indictment returned in open court is not the same as the one presented to & deliberated upon by the grand jury. (h/t @emptywheel.bsky.social )
November 17, 2025 at 4:53 PM
Fitzpatrick also says that either Halligan is wrong about the grand jury minutes being complete or we are in "uncharted territory" because the indictment returned in open court is not the same as the one presented to & deliberated upon by the grand jury. (h/t @emptywheel.bsky.social )
... The second implied that they didn't have to rely only on the record before them & could be assured that the govt had more evidence -- and perhaps better evidence -- that would be presented at trial.
November 17, 2025 at 4:43 PM
... The second implied that they didn't have to rely only on the record before them & could be assured that the govt had more evidence -- and perhaps better evidence -- that would be presented at trial.
Halligan's first error, per Fitzpatrick, potentiallly compromised Comey's 5th Amendment rights. ...
November 17, 2025 at 4:39 PM
Halligan's first error, per Fitzpatrick, potentiallly compromised Comey's 5th Amendment rights. ...
Mag Judge Fitzpatrick says two statements by Halligan to grand jury "appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process."
November 17, 2025 at 4:35 PM
Mag Judge Fitzpatrick says two statements by Halligan to grand jury "appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process."
Redacted memorandum opinion explaining his reasoning is here:
www.documentcloud.org/documents/26...
www.documentcloud.org/documents/26...
November 17, 2025 at 4:08 PM
Redacted memorandum opinion explaining his reasoning is here:
www.documentcloud.org/documents/26...
www.documentcloud.org/documents/26...
Magistrate Judge Fitzpatrick orders all grand jury minutes and recordings turned over to Comey's defense team by close of business today. ...
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November 17, 2025 at 4:05 PM
Magistrate Judge Fitzpatrick orders all grand jury minutes and recordings turned over to Comey's defense team by close of business today. ...
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Abbe Lowell getting real about Halligan last Thurs:
“Because [Siebert] would not go ahead with these cases, he was forced out ... & the person who came in, who’s sitting to my right, was somebody who said she would do what the president asked. ... Not a check & balance the statute had in mind.”
“Because [Siebert] would not go ahead with these cases, he was forced out ... & the person who came in, who’s sitting to my right, was somebody who said she would do what the president asked. ... Not a check & balance the statute had in mind.”
November 15, 2025 at 3:31 PM
Abbe Lowell getting real about Halligan last Thurs:
“Because [Siebert] would not go ahead with these cases, he was forced out ... & the person who came in, who’s sitting to my right, was somebody who said she would do what the president asked. ... Not a check & balance the statute had in mind.”
“Because [Siebert] would not go ahead with these cases, he was forced out ... & the person who came in, who’s sitting to my right, was somebody who said she would do what the president asked. ... Not a check & balance the statute had in mind.”