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Judge Nicholas Garaufis (E.D.N.Y.) directed the Justice Department on Friday to “provide the court with each reason” and “sufficient factual support for each basis” for the department’s decision to seek the dismissal with prejudice of its indictment of Indian billionaire Gautam Adani and his co-defendants. (Order.) (Motion to Dismiss Indictment.) (NYT.)
The solicitor general filed a cert petition on Friday asking the Supreme Court to resolve a circuit split regarding whether federal law requires the detention, pending removal proceedings, of “aliens who illegally enter and remain in the country without admission.” (Petition.) (Politico.)
During a meeting in late November, White House officials reportedly told Henry Kerner, the acting chairman of the Merit Systems Protection Board, that they believed he was required to follow an Office of Legal Counsel opinion concluding that the MSPB must resolve the constitutional arguments the executive branch makes in cases before the board regarding the removal of federal employees. (NYT.)
The New Mexico governor called on the state’s attorney general to open a criminal investigation into the Drug Enforcement Administration after the Associated Press reported on a DEA whistleblower complaint alleging that the DEA and federal prosecutors allowed hundreds of thousands of fentanyl pills to be distributed in New Mexico from 2023 to 2025 as they worked to build higher-level drug-trafficking cases. (AP.) (NYT.)
Acting Director of National Intelligence Bill Pulte reportedly has chosen Christina Norton as his chief of staff. Norton recently worked for the Republican National Committee on election-related issues. (NYT.)
Lucas Guttentag argued that the Supreme Court’s recent decision in Mullin v. Al Otro Lado effectively bars migrants from accessing asylum. (Just Security.)
Jeffrey Toobin argued that the absence of a federal shield law protecting the process of news gathering has left journalists like Don Lemon vulnerable to prosecution by a Justice Department more inclined to target them. (NYT.)
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. 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. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.