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The Department of Justice declined on Friday to follow Judge Leonie Brinkema’s (E.D. Va.) June 12 order directing several senior administration officials to file sworn declarations stating that the administration will not take any action to create or operate the Anti-Weaponization Fund. The department argued that “[s]uch declarations are unnecessary and the compelled testimony of senior officials from the Executive Branch implicates serious separation of powers concerns.” (Notice.) (CBS.) For background, see a previous Roundup.
Politico reported that Acting Director of National Intelligence Bill Pulte directed staff last week to compile a list of 300 employees at the National Counterterrorism Center to be fired. (Politico.)
The New York Times reported that Trump administration political appointees quashed a criminal investigation in the Eastern District of New York into the circumstances surrounding the commutation of private equity executive David Gentile’s sentence. (NYT.)
The New York Times reported last week that the Trump administration detained Beto Coral, a Colombian immigrant and online activist, after Secretary of State Marco Rubio issued a memorandum finding him deportable on the ground that Coral’s support for the president of Colombia—with whom President Trump has clashed—“undermines U.S. foreign policy interests in Colombia’s democratic processes and signals that foreign nationals may use U.S. platforms to conduct politically motivated disinformation campaigns and litigation targeting foreign democratic actors without consequence.” (NYT.)
Tess Bridgeman argued that Congress should repeal the Iran Nuclear Agreement Review Act (INARA) to avert several scenarios that would undermine the rule of law and/or prospects for peace with Iran. (Just Security.)
Michael Dreeben recounted how New Deal contemporaries viewed Humphrey’s Executor and unpacked the significance of the case for executive power today. (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. 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. The Court heard oral argument on April 29, 2026.
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. The Court heard oral argument on April 29, 2026. On June 16, 2026, respondents moved to dismiss the government’s petition as improvidently granted.