Scholar

Ryan Goodman

Ryan Goodman is an American legal scholar who is the Anne and Joel Ehrenkranz Professor of Law at NYU School… more

Ryan Goodman
H-index: 23
Political science 68%
Sociology 13%

Reposted by Ryan Goodman

justsecurity.org
Now updated: The 'Presumption of Regularity' study.

1. Noncompliance with judicial orders: 20 cases
2. Courts’ distrust of DOJ information: 43+ cases
3. Courts’ findings of “arbitrary and capricious” conduct: 58 cases

www.justsecurity.org/120547/presu...
The “Presumption of Regularity” in Trump Administration Litigation
Comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."
www.justsecurity.org
rgoodlaw.bsky.social
2/2 Judge Smith's Order from today:

"Defendants’ new condition is not a good faith effort to comply with the order."

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

(h/t @kyledcheney.bsky.social)
rgoodlaw.bsky.social
Judge William Smith (W. Bush appointee): The Government has done "precisely what the ... [court's] Order forbids."

The case is Illinois v. FEMA

On Wednesday, we'll publish an updated catalogue of such judicial decisions on noncompliance with court orders at @justsecurity.org at the link below:
The “Presumption of Regularity” in Trump Administration Litigation
Comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."
www.justsecurity.org
rgoodlaw.bsky.social
On Letitia James indictment, this may help explain:

"Senior DOJ leadership believes [DOJ] would be unable to prove any allegations beyond a reasonable doubt, in part because Fannie Mae guidelines on the issue are too vague" with "second home" versus "investment property."
Trump officials pressuring federal prosecutors to bring criminal charges against NY AG Letitia James: Sources
Top Trump administration officials are pressuring federal prosecutors in Virginia to bring charges against New York AG Letitia James for mortgage fraud, sources say.
abcnews.go.com
rgoodlaw.bsky.social
Notable points in Judge Perry's remarks in Illinois v Trump National Guard case.⤵️

Judge:
1. Federalized deployment of National Guard not quelling civil unrest. Instead, it is "likely to lead to civil unrest."

2. State and local community policing not well geared for out of state Guards.
rgoodlaw.bsky.social
Comes down to a credibility determination. On National Guard in Chicago, and DHS loses that determination.

An important aspect of a credibility determination is that it's a factual assessment by a district court judge, makes it more difficult for the losing party to overturn the decision on appeal.
jonseidel.bsky.social
U.S. District Judge April Perry says it comes down to a "credibility determination."

"I simply cannot credit [the Trump administration's] declarations to the extent they contradict state and local law enforcement. … DHS' perception of events are simply unreliable."
jonseidel.bsky.social
#BREAKING A federal judge say she will grant "in part" a request by the state of Illinois for a temporary restraining order against the deployment of National Guard troops into the state.

U.S. District Judge April Perry is still ruling and has not outlined the details of her order.
jonseidel.bsky.social
U.S. District Judge April Perry says it comes down to a "credibility determination."

"I simply cannot credit [the Trump administration's] declarations to the extent they contradict state and local law enforcement. … DHS' perception of events are simply unreliable."
jonseidel.bsky.social
#BREAKING A federal judge say she will grant "in part" a request by the state of Illinois for a temporary restraining order against the deployment of National Guard troops into the state.

U.S. District Judge April Perry is still ruling and has not outlined the details of her order.
jonseidel.bsky.social
Perry: "I'm going to issue an oral ruling."
rgoodlaw.bsky.social
CNN Reports: "Letitia James was indicted Thursday in Alexandria, Virginia"

www.cnn.com/2025/10/09/p...
rgoodlaw.bsky.social
Oct 6: "Yusi, who oversees major criminal prosecutions in the Norfolk office...confided to coworkers that she sees no probable cause to believe James engaged in mortgage fraud"

Oct 9: Interim US Attorney Halligan asks grand jury to approve criminal charges against James for mortgage fraud
Virginia prosecutor asks grand jury to approve criminal charges against Letitia James
Attorney who presented case was installed after Trump became frustrated with pace of investigations against rivals
www.theguardian.com
rgoodlaw.bsky.social
5/ "Investigators who reviewed material from Comey's .emails, including his correspondence with Richman, could not identify an instance when Comey approved leaking material to a reporter anonymously."
rgoodlaw.bsky.social
4/ "According to prosecutors ... using Richman's testimony to prove that Comey knowingly provided false statements to Congress would result in 'likely insurmountable problems.'"

They detailed these concerns in a memo recommending not to charge the former FBI director.
rgoodlaw.bsky.social
3/ Central witness Daniel Richman "told investigators that the former FBI director instructed him NOT to engage with the media on at least two occasions and unequivocally said Comey never authorized him to provide information to a reporter anonymously ahead of the 2016 election."
rgoodlaw.bsky.social
2/ "'By this logic, any small, medium or big group that is trafficking drugs into the US — the administration could claim it amounts to an attack against the United States and respond with lethal force,' said a former Pentagon lawyer who has had the [DOJ] opinion described to them."
rgoodlaw.bsky.social
"At the Pentagon, some military lawyers, including international law experts within DoD’s Office of General Counsel, have raised concerns about the legality of the lethal strikes on suspected drug traffickers....

Multiple current and former JAGs ... told CNN that the strikes do not appear lawful."
Exclusive: Classified Justice Department opinion authorizes strikes on secret list of cartels, sources say | CNN Politics
The Trump administration has produced a classified legal opinion that justifies lethal strikes against a secret and expansive list of cartels and suspected drug traffickers, according to multiple peop...
www.cnn.com
rgoodlaw.bsky.social
Judge in Illinois case on National Guard: "If I were the government, I would strongly consider taking a pause on this until Thursday."

The court "declined to quickly issue a temporary order ... while urging the government to delay the controversial plan until she rules."
Judge Won’t Immediately Block Trump Troop Deployment to Illinois
A federal judge declined to quickly issue a temporary order blocking the Trump administration’s plan to deploy National Guard members to Chicago to counter protests against the US immigration crackdow...
news.bloomberglaw.com
rgoodlaw.bsky.social
2/ In that case (Newsom v. Trump), Judge Breyer held that such activities meant this:

"In short, Defendants violated the Posse Comitatus Act."

(Note for lay readers: Breyer's opinion does not bind Trump administration in Illinois; a new case in Illinois now raises Posse Comitatus, to be decided.)
rgoodlaw.bsky.social
On the left:

Sept 2: Judge Breyer opinion (in CA case) showing DoD's own instructions of actions that violate Posse Comitatus Act (eg "crowd control").

On the right:

Sept 26: DHS request to DoD for military forces in Chicago "in direct support of ... access control, and crowd control."
rgoodlaw.bsky.social
What was the real message at Quantico?

Janine Davidson (former Undersecretary of the Navy and former Chair of Department of Defense Policy Board) discusses:

The domestic paradigm shift in President Trump's addressing Active Duty military leaders with National Guard Adjunct Generals excluded.
Trump’s Outline of a Domestic War
Former Undersecretary of Navy discusses import of President Trump's remarks to active duty military leaders at Quantico.
www.justsecurity.org
rgoodlaw.bsky.social
From Chicago to Caracas

I sat down with Bill Kristol (@billkristolbulwark.bsky.social) for conversation about crosscutting developments

- overuse of military force at home and abroad

- National Security Presidential Memorandum-7 and targeting of Americans' First Amendment activity
America’s Lawless Wars—From Chicago to Caracas (w/ Ryan Goodman)
YouTube video by The Bulwark
www.youtube.com
rgoodlaw.bsky.social
3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.
rgoodlaw.bsky.social
2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.

by Ryan GoodmanReposted by Jennifer Dill

rgoodlaw.bsky.social
Judge Immergut in Oregon v Trump now:

"I grant plaintiffs second motion for a TRO."

Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.

Both on 12406 statute and Tenth Amendment grounds.
rgoodlaw.bsky.social
A most important question is the timing of this Secretary Hegseth Memorandum

On 10/4/2025 at 3:40 p.m. Judge Immergut signed her opinion which held that the President exceeded his authority by federalizing the (Oregon) National Guard because the situation did not meet the statute's conditions:
rgoodlaw.bsky.social
This represents a major escalation.

President Trump effort to mobilize TEXAS National Guard for deployment in Portland and Chicago.

Court filing just entered in Oregon v. Trump⬇️

References

Fields & subjects

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