Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
A panel of the First Circuit Court of Appeals on Monday affirmed a district court decision vacating the National Institute of Health’s Supplemental Guidance to the 2024 NIH Grants Policy Statement, which would have capped the reimbursement of the “indirect costs” associated with NIH-funded research at 15 percent as opposed to rates that previously often surpassed 30 or 40 percent. (Order & Opinion.) (NYT.)
The Department of Justice submitted a letter to Judge Paul A. Engelmayer (S.D.N.Y.) updating the court on the government’s compliance with the Epstein Files Transparency Act and the court’s order to conduct pre-publication, review and redaction as required by the Act. According to the letter, the DOJ has released approximately 12,285 documents so far, “and there are more than 2 million documents potentially responsive to the Act that are in various phases of review.” (Letter.)
Ousted Venezuelan President Nicolás Maduro on Monday pleaded not guilty to narco-terrorism conspiracy, cocaine-importation conspiracy, and weapons charges and claimed to be a “prisoner of war.” (NYT.) Bob Bauer and Jack Goldsmith discussed legal issues related to the U.S. invasion of Venezuela to capture Maduro and what legal issues to expect at his trial. (Executive Functions.) Andrew McCarthy argued that questions about the legality of the U.S. operation to capture Maduro, under both domestic and international law, are unlikely to be successful as defenses or as bases to dismiss the charges against him. (National Review.)
In an interview on Monday, President Trump stated that Venezuela will not have new elections in the next 30 days. (NBC News.)
The Trump administration briefed senior congressional leaders on the Venezuela operation in a two-hour closed-door session on Monday, after which House Speaker Mike Johnson stated, “We don’t expect troops on the ground.” (Politico.) Senators Chuck Grassley and Dick Durbin released a statement criticizing the Judiciary Committee’s exclusion from the briefing. (Press Release.)
Defense Secretary Pete Hegseth on Monday announced that he issued a formal letter of censure against Sen. Mark Kelly, a retired Navy Captain, and launched grade determination proceedings to reconsider Kelly’s rank in retirement. (WaPo.) David Graham called the move an “abuse of power” and argued that it could have a chilling effect on the conduct of servicemembers and veterans. (The Atlantic.)
A Politico review of thousands of federal dockets found that 308 judges in over 1,600 cases have ruled against the Trump administration’s mandatory detention policy for immigrants facing deportation proceedings. (Politico.)
Shane Harris, Isaac Stanley-Becker, and Jonathan Lemire discussed how European officials are reacting to President Trump’s remarks about annexing Greenland after the U.S. operation in Venezuela. (The Atlantic.)
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. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.