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Former FBI Director James Comey moved to dismiss his indictment, arguing that the 2020 Senate hearing questions from Sen. Ted Cruz that were used as a basis for the charges were “fundamentally ambiguous,” and that his “answers to them were literally true.” (Motion and Memorandum.) (NYT.) Comey also filed a motion to disclose the transcript and audio recordings of the grand jury proceedings. (Motion and Memorandum).
Judge Ann Aiken (D. Or.) on Wednesday denied a bid for a temporary restraining order by Oregon immigrant-rights groups accusing ICE of obstructing attorney access, allowing them two weeks to file a renewed injunction motion ahead of a Dec. 12 hearing. (Opinion and Order.)
According to the Washington Post, a district court judge in Massachusetts indicated that she would likely order the Department of Agriculture to use emergency contingency funds to keep food assistance flowing during the shutdown. (WaPo.)
The Trump administration has identified potential targets for land strikes inside Venezuela, including ports and airports controlled by the military that are allegedly used to smuggle drugs. (WSJ.)
Democratic lawmakers claim that they were excluded from a briefing where Trump administration officials showed Republicans a classified Office of Legal Counsel memorandum justifying U.S. military strikes on suspected drug boats. (CNN.)
The Trump administration on Thursday officially lowered the ceiling of refugee admissions from 125,000 to 7,500 for the current fiscal year without consulting Congress. (NYT.)
The Trump administration fired about a dozen officials in Fannie Mae’s ethics and internal-investigations unit amid broader layoffs, days after ousting its chief ethics officer. (WSJ.)
Charlie Savage explained why the Trump administration’s summary extrajudicial killings at sea would be difficult to prosecute. (NYT.)
Carol Leonnig discussed the politicization of the Justice Department, arguing that the decline of the institution “started in Mr. Trump’s first term but gained momentum in the Biden presidency.” (NYT.)
Alan Rozenshtein warned that artificial intelligence could transform the presidency into the “Unitary Artificial Executive,” concentrating unprecedented authority in the White House. (Lawfare.)
In a forthcoming paper, William Baude and Samuel Bray argue that the unclean hands doctrine should apply to the executive branch, though in a limited and modified form. (SSRN.) (Divided Argument.)
Steve Vladeck analyzed the Supreme Court’s behavior on emergency applications relating to the Trump administration during its October 2024 term. (SSRN.)
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. On October 29, Justice Barrett requested supplemental briefs to be filed by November 10.
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.