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The Acting U.S. Attorney for the District of Columbia, Ed Martin, has been advocating within DOJ to present evidence against Senate minority leader Chuck Schumer (D-NY) to a federal grand jury related to comments Schumer made in 2020 about Justices Brett Kavanaugh and Neil Gorsuch while the Court was hearing oral argument in an abortion case. Schumer said in March 2020, “You have released the whirlwind, and you will pay the price,” adding, “You will not know what hit you if you go forward with these awful decisions.” Martin has sent at least three letters to Schumer requesting clarification of his comments. “Justice Department officials have thus far rebuffed the unusual request by Mr. Martin,” according to The NYT. Martin’s letters to Schumer suggest that the charges would relate to threatening or inciting violence against a public official. The statute of limitations for indicting Schumer for these comments apparently expires today. (NYT.) (Martin’s letters.) (Bob Bauer’s analysis of the Trump administration using DOJ to intimidate Congress in Executive Functions.)
Judge Amy Berman Jackson (D.D.C.) on Monday kept in place an order barring the Consumer Financial Protection Bureau (CFPB) from “terminat[ing] any CFPB employee, except for cause related to the specific employee’s performance or conduct,” and from “issu[ing] any notice of reduction-in-force to any CFPB employee.” As readers of yesterday’s Roundup will recall, CFPB’s chief operating officer, Adam Martinez, indicated in an affidavit Sunday that agency leadership was focused on “right sizing” rather than closing the agency. But plaintiffs in the case countered with testimony from CFPB staffers on Sunday challenging Martinez’s characterization of the situation at CFPB. The court will hold another hearing on March 10, and Judge Jackson directed Martinez to appear as a witness. (NBC.) (Testimony challenging Martinez’s characterization.)
Two members of the House Judiciary Committee, Reps. Jamie Raskin (D-MD) and Jasmine Crockett (D-TX), wrote a letter on Sunday to Attorney General Pamela Bondi requesting information related to the dismissal of the case against New York City Mayor Eric Adams. (Letter.)
Kate Shaw argued that Elon Musk is serving as an “officer of the United States” without being appointed under the Constitution’s Appointments Clause. She wrote that the two cases challenging Musk’s work on these grounds “are unlikely to invalidate what has been done to the federal government by those involved in Mr. Musk’s initiative — but they should say that Mr. Musk cannot continue to exercise this authority without a constitutionally permissible appointment.” (NYT.)