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Judge Cameron M. Currie (D.S.C.) on Monday granted motions to dismiss in the prosecutions against James Comey and Letitia James on the ground that Lindsey Halligan’s appointment as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution. (Order to Dismiss Comey Indictment.) (Order to Dismiss James Indictment.) (WaPo.) Ed Whelan analyzed the dismissal orders. (National Review.)
The Defense Department on Monday said it was reviewing allegations of misconduct against Sen. Mark Kelly, a retired U.S. Navy captain, “[i]n accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations.” (X.) (WSJ.) See a previous Roundup for background on the video released by Democratic lawmakers urging servicemembers to disobey illegal orders.
President Trump on Monday issued an executive order that by its terms “sets in motion a process by which certain chapters or other subdivisions of the Muslim Brotherhood shall be considered for designation as Foreign Terrorist Organizations.” (Executive Order.) (NYT.)
The U.S. Coast Guard last week issued a revised policy on harassment which eliminated the term “hate incident” and reclassified symbols such as nooses and swastikas as “potentially divisive.” The Department of Homeland Security later clarified that public and private displays of “divisive and hate symbols” have “no place in the Coast Guard.” (Instruction.) (NYT.)
The New York Times reports that the Trump administration has committed more than $10 billion in taxpayer funds to acquire minority ownership stakes, or the option to take them, in at least nine private companies in strategic sectors including steel, minerals, nuclear energy, and semiconductors. (NYT.)
Steve Vladeck argued that the litigation tactics and resulting “flashpoints” of the Trump administration have substantially undermined the Justice Department’s credibility, eroding the presumption of regularity that courts typically apply to executive branch actions. (One First.)
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.
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.