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The Ninth Circuit Court of Appeals on Wednesday granted the government’s request for an administrative stay of a district court’s temporary restraining order against the federalization of National Guard service members to Oregon. (Order.) Oral argument for a stay pending appeal will be heard today. See a previous Roundup for background.
Judge Denise Cote (S.D.N.Y.) granted plaintiffs’ motion for summary judgment and ordered the government to fulfill plaintiffs’ Freedom of Information Act request for a list of all security clearances granted to Elon Musk. (Opinion and Order.)
Judge Jeffrey I. Cummings (E.D. Ill.) on Tuesday granted plaintiffs’ motion to enforce a court order regarding a settlement agreement which imposes several obligations on ICE related to the warrantless arrests for civil violations of U.S. immigration law. (Opinion and Order.) (NYT.)
Former FBI Director James Comey pleaded not guilty yesterday to the two charges of making a false statement and obstructing a congressional proceeding. His trial is set to begin on Jan. 5. (WSJ.)
In a Truth Social post on Wednesday, President Trump said that Chicago Mayor Brandon Johnson and Illinois Governor JB Pritzker “should be in jail” for failing to protect ICE officers.
A Senate war powers resolution to end further military strikes against alleged cartel members in the Caribbean Sea failed by a vote of 51-48. (NYT.)
The Pentagon has opened nearly 300 investigations into its employees for online comments following the killing of Charlie Kirk. (WaPo.)
FBI Director Kash Patel dismissed two agents who worked with Special Counsel Jack Smith to investigate President Trump during the Biden administration. (NYT.)
J.T. Alexander argued that President Trump’s designation of Antifa as a domestic terror organization would not be effective unless the administration brought a case that would allow the Supreme Court to overturn the “imminent lawless action” standard established in Brandenburg v. Ohio. (The New Digest.)
Bob Bauer argued that Judge Karin Immergut (D. Or.) correctly applied the “good faith” standard recently adopted by the Ninth Circuit, in reliance on Sterling v. Constantin, to evaluate the federalization and deployment of the National Guard under 10 U.S.C. § 12406 in the context of the president’s statements on Truth Social. (Executive Functions.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports. Justice Jackson formally set a deadline of October 4 for a response to the application. Orr submitted a response on October 6, and President Trump filed a reply on October 7.