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The Trump administration filed an application in the Supreme Court requesting it to stay the D.C. Circuit’s interlocutory injunction pending appeal that temporarily blocked the removal of Shira Perlmutter as head of the U.S. Copyright Office. (Application.) (ScotusBlog.) See a previous Roundup for background.
The Justice Department sent a letter to the Ninth Circuit correcting a statement it had made in a sworn declaration before the court that “nearly a quarter” of Federal Protective Service officers were diverted to Portland, clarifying that it was “approximately 13.1 percent.” (Letter.) See a previous Roundup for background on the current state of National Guard litigation in Oregon.
Deputy Assistant Attorney General Drew Ensign told Judge Paula Xinis (D. Md.) on Monday that the government was prepared to deport Kilmar Abrego Garcia as soon as this Friday, despite an active criminal prosecution against him. (Politico.) See a previous Roundup for background.
Judge Waverly D. Crenshaw, Jr. (M.D. Tenn.) on Monday granted Abrego Garcia’s motion to order the government to refrain from making any extrajudicial statements that “will have a substantial likelihood of materially prejudicing” his criminal prosecution. (Order.) (Politico.)
More than 100 former Justice Department officials collectively filed an amicus brief on Monday urging Judge Michael S. Nachmanoff (E.D. Va.) to dismiss charges against former FBI director James Comey. (WaPo.)
David A. Graham criticized the Trump administration for accepting a $130 million check from Timothy Mellon to help pay the armed forces during the shutdown. (The Atlantic.) See a previous Roundup for background.
The Wall Street Journal explained how President Trump commenced construction of a 90,000-square-foot, $300 million ballroom, privately funded by himself and corporate donors by demolishing the White House’s East Wing without facing many obstacles from zoning, permitting, or other typical real-estate regulations. (WSJ.)
President Trump stated that he “would love to” serve a third term after reporting that the results of his MRI were “perfect.” (NYT.)
A new book by Jonathan Karl includes the previously unpublished notes of former Vice President Mike Pence on Jan. 6, 2021, including details from a phone call he had with President Trump prior to the electoral vote certification. (ABC News.)
Kyle Cheney proposed five questions for members of Congress to ask Jack Smith, should the House or Senate Judiciary committees accept his offer to testify before them. (Politico.)
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.
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.
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.