My alternate title that did not make the cut: It's fucked up turtles all the way down.

Great recs, thank you!

Sorry for the slow reply! I’m assuming: (a) no one will want to prosecute service members and civil servants acting on the basis of presidential orders; and (b) anyone driving the policy at the political level will get a pardon before Trump leaves office.

As predicted, here is Judge Lamberth’s order suspending the RIF at USAGM and VOA. He pulls no punches; worth a read:

storage.courtlistener.com/recap/gov.us...

We don't know the exact scope of what Judge Lamberth will issue. But he did ask plaintiffs for a proposed order, and was asking questions about whether the applicable standard changes if he enjoins the RIF directly versus enforcing his prior injunction. So, odds of RIF being enjoined seem good.

The stayed prong 1 of the injunction re: RIFs is also on appeal to the D.C. Circuit, which hear oral argument in the matter last week.

But prong 3 presents separate issues not yet before the appellate court (though it no doubt will be soon).

www.courtlistener.com/docket/69940...

This overlooked case is the absolute tip of the spear in terms of how district courts are going to have to manage the Trump administration's legally questionable dismantling of agencies.

We've been following in our weekly Lawfare Live discussions here:

www.lawfaremedia.org/article/lawf...

While it stayed another part of the injunction that previously enjoined RIFs, the en banc D.C. Circuit previously suggested prong 3 (which was never challenged by the gov't) could be a basis for enjoining RIFs.

I wrote about it here:

www.lawfaremedia.org/article/the-...

This would enforce prong 3 of the original injunction, which mandates VoA to resume its statutory minimum functions. The gov't maintains it's in compliance, but Lamberth has made clear he doesn't agree, allowing for, inter alia, the deposition of Kari Lake and other VoA officials.

This was a follow-up to this piece I wrote for @lawfaremedia.org last week, just after the strike:

www.lawfaremedia.org/article/did-...

They are absolutely unreal, and I feel like a fool for having ever doubted @smittenkitchen.bsky.social.