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A three-judge panel of the D.C. Circuit on Tuesday ended a criminal contempt inquiry into the Trump administration initiated by Chief Judge James Boasberg (D.D.C.). The inquiry related to President Trump’s use of the Alien Enemies Act last spring to deport suspected terrorists to El Salvador. (Opinion.) (NYT.) For background, see the Roundup Library. Chris Geidner recounted the full history of the case and suggested a request for en banc review is expected. (Law Dork.)
The Department of Justice on Tuesday asked the D.C. Circuit to vacate the convictions of 12 members of the Proud Boys and Oath Keepers found guilty of charges related to the Jan. 6, 2021, attack on the Capitol. The department also requested a remand to the district court “so that the government may move to dismiss the indictment with prejudice.” (Unopposed Motion.) (NYT.)
U.S. Southern Command announced on Tuesday that it conducted a strike on an alleged drug vessel in the Eastern Pacific, killing four people. The operation marks the second such strike by the United States in two days. (X.) (NYT.)
President Trump on Wednesday threatened to fire Federal Reserve Chair Jerome Powell and expressed support for the Justice Department’s investigation into Powell. (WaPo.) For background on the investigation, see the Roundup Library.
Prosecutors from the U.S. Attorney’s Office for the District of Columbia reportedly visited the Federal Reserve’s construction site unannounced on Tuesday. The construction project is central to the Trump administration’s investigation into Powell. (NYT.)
The Justice Department on Tuesday issued the first of several expected reports from its Weaponization Working Group. The report alleged that the Biden administration unevenly enforced federal law against anti-abortion activists. (Report.) (NYT.) Regan Rush and Megan Marks argued that the report’s claims are “false and misleading.” (Just Security.)
The Trump administration aims to begin processing tariff refunds next week, according to a Tuesday order from Judge Richard Eaton of the U.S. Court of International Trade. (WSJ.)
Dozens of former and current Department of Homeland Security officials spoke with the New York Times about how the agency has transformed during the second Trump administration. (NYT.)
Responding to the Justice Department’s proposed rule encouraging state bars to delay investigations of federal lawyers until after Justice Department inquiries conclude, Bruce A. Green and Rebecca Roiphe argued that federal courts are best positioned to respond to allegations of misconduct by federal government lawyers. (Lawfare.) For background on the proposed regulation, see a previous Roundup.
Josh Blackman argued that a recent OLC opinion concluding the Presidential Records Act is unconstitutional could “frustrate, rather than extend, the dangerous cycle of presidential lawfare.” (Civitas Outlook.)
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.
Mullin v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining then-Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay.
Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Mullin v. Doe.