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Columbia Professor Daniel Richman filed a civil suit on Nov. 26 alleging that the government unlawfully searched, seized, and retained files from his electronic devices in connection with the Comey investigation and requested a temporary restraining order “enjoining the government from using or relying on in any way the improperly seized and retained materials until such time as the Court can further consider the merits of his claims.” (Memorandum.) Anna Bower argued that this “could pose a significant problem for the Justice Department” because “the government’s core evidence in the Comey case appears to derive from [Richman’s] files.” (Slip Opinion.)
Costco filed a complaint on Friday against the Trump administration in the Court of International Trade seeking relief from the impending liquidations of IEEPA tariffs “to ensure that its right to a complete refund is not jeopardized.” (Complaint.) (WSJ.)
Politico reports that the Justice Department is weighing whether to seek new indictments of former FBI Director James Comey and NY Attorney General Letitia James rather than appeal the dismissal of their previous charges. (Politico.) See a previous Roundup for the dismissal of the Comey and James indictments.
White House Press Secretary Karoline Levitt stated on Monday that Defense Secretary Pete Hegseth authorized Adm. Frank M. Bradley to conduct the Sept. 2 strikes on the boat allegedly carrying drug traffickers. She added that Bradley “worked well within his authority and the law, directing the engagement to ensure the boat was destroyed and the threat to the United States of America was eliminated.” One military official told the Post that the statement “left it up to interpretation” who was responsible for the second strike. (WaPo.) The New York Times reports, per sources, that Hegseth ordered the Sept. 2 strike to kill the people on the boat and destroy its cargo, but gave no direction on what should happen if the initial missile did not fully achieve those objectives. (NYT.) The Wall Street Journal editorial board praised members of Congress for leading inquiries into the strike. (WSJ.) Michael Schmitt, Ryan Goodman and Tess Bridgeman provided a backgrounder on unlawful orders and criminal responsibility with respect to the Post’s original reporting on the Sept. 2 strike. (Just Security.)
Axios published a letter that Former Honduran President Juan Orlando Hernández sent to President Trump a month before Trump promised to pardon him from a 45-year prison sentence for drug trafficking and firearms charges. (Letter.) (Axios.) Hernández was released from prison on Monday. (Reuters.)
Fourteen employees from the Federal Emergency Management Agency (FEMA) were returned to administrative leave after CNN reported that they had been reinstated. (CNN.) The employees were initially placed on leave in August after signing an open letter to Congress criticizing the Trump administration’s overhaul of FEMA. (NYT.)
Paul Cassell argued that the logic of the Third Circuit’s opinion affirming the disqualification of Alina Habba as acting U.S. Attorney for New Jersey possibly permits a workaround by which the duties of the U.S. Attorney could be delegated between two people, which would allow Habba to continue serving in the New Jersey U.S. Attorney’s Office in a limited capacity. (Volokh Conspiracy.) See yesterday’s Roundup for the Third Circuit’s opinion.
Matthew Boaz argued that the Trump administration’s practice of implementing third country removal agreements using procedures that bypass established immigration statutes and regulations fails to provide adequate due process. (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Illinois: The government filed an emergency application on October 17 requesting the Supreme Court stay a district court order barring the deployment of the National Guard to Illinois. Justice Barrett formally set a deadline of October 20 for a response to the application. Illinois and the City of Chicago submitted a response on October 20. President Trump filed a reply on October 21. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10. President Trump, as well as Illinois and the City of Chicago, both filed supplemental letter briefs on November 10 and supplemental letter replies on November 17.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.