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Former special counsel Jack Smith appeared before the House Judiciary Committee on Thursday and defended his decisions to investigate and bring criminal charges against Donald Trump after he left office in 2021. (NYT.)
Magistrate Judge William B. Porter (E.D. Va.) ordered the U.S. government on Wednesday to preserve and not review data from devices the FBI seized during a search of a Washington Post reporter’s home as part of a leak investigation. Judge Porter scheduled a hearing for Feb. 6 on the matter after the Post filed a motion to intervene and requested the FBI return the reporter’s property. (Order.) (Motion to Intervene.) (WaPo.)
President Trump announced on Truth Social Wednesday that he had reached the “framework of a future deal” with NATO regarding Greenland and also ruled out using force to acquire the island in a speech before the World Economic Forum. (NYT.)
U.S. Immigration and Customs Enforcement officials have drafted guidance authorizing agents to enter homes without a judicial warrant to arrest people, according to a whistle-blower group. (NYT.) Orin S. Kerr discussed the leaked memo and argued that agents’ entry into a home without a judicial warrant to make an arrest is unconstitutional, but judicial review is likely unavailable to persons whose Fourth Amendment rights are violated as a result. (Lawfare.) (The Volokh Conspiracy.)
The House Oversight Committee voted on Wednesday to recommend the Justice Department charge Bill and Hillary Clinton with criminal contempt of Congress for defying subpoenas to testify in its investigation of Jeffrey Epstein. (NYT.)
The Pentagon has put additional active military troops on alert to prepare for possible deployment to Minnesota in the event that President Trump invokes the Insurrection Act, after reportedly placing roughly 1,500 soldiers on alert earlier in the week. The notified troops include infantry soldiers from the Army’s 11th Airborne Division in Alaska, military police troops from Fort Bragg, N.C., and members of the Texas National Guard. (NYT.)
Bob Bauer examined apparent public tolerance for President Trump’s lucrative business pursuits in office, arguing that political backlash could develop, and potentially become a catalyst for reform, if dissatisfaction with the economy intensifies. (Executive Functions.)
Steve Vladeck argued that a fresh Justice Department filing identifying numerous material misrepresentations the government made in the record of a case litigating DOGE’s access to Social Security data highlights the dangers in the Supreme Court staying lower-court rulings without a complete record, full briefing and oral argument. (One First.) See the Roundup Library for background on the case.
Chris Geidner argued that Wednesday’s oral argument before the Supreme Court on President Trump’s firing of Federal Reserve Chair Lisa Cook featured an “upside-down world” where some of the justices “understood the problems with the expansive executive powers they’ve been advancing with gusto.” (Law Dork.)
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.