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The Justice Department filed a response to former FBI Director James Comey’s motion to dismiss his indictment based on vindictive and selective prosecution. (Response.) (NYT.)
The Justice Department also filed a consolidated response to Comey’s and NY Attorney General Letitia James’s motions to dismiss based on the allegedly unlawful appointment of interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan. (Response.) In an attachment to the response, Attorney General Pam Bondi appointed Halligan to the additional position of special attorney and ratified “her employment as an attorney of the Department of Justice from [September 22, 2025] going forward,” as well as her “actions before the grand jury and her signature on the indictments returned by the grand jury in each case.” (Order.) Ed Whelan argued that appointing Halligan as a special attorney should not have “retroactive effect.” (X.)
The Justice Department moved to dismiss as moot its appeal in the Ninth Circuit of a district court temporary restraining order barring the “federalization and mobilization of the Oregon National Guard” on the ground that the TRO expired. The filing notes that Oregon opposes the motion and intends to file a response. (Motion to dismiss.)
The Department of Agriculture said in court filings on Monday that it plans to make partial payments to those who receive Supplemental Nutrition Assistance Program (SNAP) benefits during the government shutdown. For recent court rulings on SNAP benefits, see a previous Roundup. (NYT.)
Two lawsuits filed in the District of Massachusetts are challenging the Trump administration’s revision of the Public Service Loan Forgiveness program that would exclude employers that “engage in unlawful activities such that they have a substantial illegal purpose, including supporting terrorism and aiding and abetting illegal immigration.” (Complaint by nonprofits and local governments.) (Complaint by 21 states and D.C.) (NYT.)
President Trump has reportedly directed his staff to brief more members of Congress on the Defense Department’s strikes against alleged drug smuggling boats in the Caribbean and Pacific. (Axios.)
When asked about his decision to pardon cryptocurrency billionaire Changpeng Zhao during an interview on “60 Minutes” on Sunday, President Trump said, “I don’t know who he is.” (NYT.)
A report by Public Citizen found that the publicly disclosed corporate and individual donors to the new White House ballroom have received $279 billion in government contracts over the past five years. (Public Citizen Report.) (WaPo.)
Brian Finucane argued that the Trump administration’s interpretation of “hostilities” under the War Powers Act is flawed. (Just Security.)
Brian C. Kalt discussed potential avenues to circumvent the 22nd Amendment’s presidential two-term limit and how Congress can fix these loopholes. (The Atlantic.)
Harold H. Koh and many other authors wrote a “bench memo” summarizing the arguments of the petitioners, respondents, and amici in the consolidated supreme court cases challenging President Trump’s invocation of the International Emergency Economic Powers Act to impose tariffs. (Just Security.)
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.