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A three-judge panel of the D.C. Circuit on Tuesday granted the Defense Department’s request for a stay pending appeal of an April 9 district court order “to the extent that it entitles journalists to access the Pentagon unescorted.” The ruling leaves other parts of the district court’s order in place. (Order.) (WSJ.) For background on the case challenging Pentagon press restrictions, see a previous Roundup.
A grand jury in the Eastern District of North Carolina on Tuesday indicted former FBI Director James Comey on two counts for allegedly threatening President Trump. The charges stem from a photo he posted to Instagram depicting seashells arranged to read “86 47,” which prosecutors claim represented “a serious expression of an intent to do harm to the President of the United States.” (Indictment.) (NYT.) (WaPo.) (WSJ.) Eugene Volokh analyzed the indictment and argued that “it is not reasonable to interpret Comey’s post as a true threat.” (Volokh Conspiracy.)
Judge Jesse M. Furman (S.D.N.Y.) ruled Tuesday that former prosecutor Maurene Comey can pursue her wrongful-termination suit in federal court, rejecting the Justice Department’s effort to route the case to the Merit Systems Protection Board. Judge Furman held that because Comey “was fired pursuant to Article II of the Constitution,” rather than the Civil Service Reform Act, her claims fall “outside the universe of cases that Congress intended the MSPB to resolve.” (Opinion and Order.) (Politico.)
The Justice Department on Tuesday announced that a grand jury indicted David M. Morens, a former National Institute of Allergy and Infectious Diseases official, on charges including conspiracy and destruction and concealment of federal records related to the COVID-19 pandemic. (Indictment.) (WSJ.)
The Southern Poverty Law Center filed a motion Tuesday in the Middle District of Alabama seeking to compel the government to retract allegedly false statements made by Acting Attorney General Todd Blanche and refrain from making further false or otherwise prejudicial public comments about the center. (Motion.) (NYT.) For background on DOJ’s indictment of the SPLC, see the Roundup Library.
The Supreme Court today heard consolidated oral arguments in Mullin v. Doe and Trump v. Miot, which challenge the Department of Homeland Security’s termination of Temporary Protected Status for Haitian and Syrian nationals. (Livestream.) (NYT). Adam Unikowsky presented a mock debate to illustrate the questions at issue. (Adam’s Legal Newsletter).
The New York Times reports that the Department of Education “resolved roughly 30 percent fewer complaints of discrimination in American schools last year than in 2024, the sharpest year-to-year decline in more than three decades.” (NYT.)
According to Sen. Jeff Merkley, the Government Accountability Office has agreed to examine the Justice Department’s handling of the release of the Epstein files. The GAO told lawmakers that it will coordinate with the DOJ inspector general, which is also investigating the matter, to avoid duplication. (WaPo.)
Scott Levy argued that the breadth of executive discretion during government shutdowns weakens congressional leverage. (Lawfare.)
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.