Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Justice Department’s Office of Legal Counsel on Tuesday published a redacted 22-page opinion, dated December 23, 2025, offering legal justifications for America’s military operation in Venezuela. (Memorandum.) (WSJ.)
Secretary of State Marco Rubio wrote in a sworn declaration Monday that the Trump administration cannot comply with an order from Judge James Boasberg (D.D.C.) to provide a means to hundreds of Venezuelan migrants deported to El Salvador to legally challenge their removals in American court. Rubio contended that the administration does not know the migrants’ whereabouts and that speaking to the interim Venezuelan regime about the matter “would risk material damage to U.S. foreign policy interests.” (Declaration.) (WaPo.) For background on the case, see the Roundup Library.
Lindsey Halligan defended her use of the title U.S. Attorney in court filings Tuesday in response to an order from Judge David J. Novak (E.D.Va.) directing Halligan to explain why she continued to use the title despite a “binding” ruling that she was unlawfully appointed to the post. Halligan argued that orders issued by Judge Cameron M. Currie (D.S.C.) dismissing the prosecutions of James Comey and Letitia James on the grounds that Halligan was unlawfully appointed to the position did not purport to enjoin Halligan from continuing to oversee the U.S. Attorney’s Office for the Eastern District of Virginia. (Response.) (WaPo.) For background on the proceedings, see a prior Roundup.
In a Truth Social post on Tuesday, President Trump encouraged Iranians to “KEEP PROTESTING” against their government. He added that “HELP IS ON ITS WAY,” the latest sign that the U.S. is considering military intervention in the country. (WSJ.)
Michigan Senator Elisa Slotkin said on Monday that the Department of Justice is investigating her after she organized a video in which she and other Democratic lawmakers urged service members to disobey illegal military orders. A spokesman for the U.S. Attorney’s Office for the District of Columbia declined to confirm or deny any investigation. (NYT.)
Six attorneys in Minnesota’s U.S. Attorney’s Office resigned Tuesday over the Justice Department’s refusal to investigate whether the ICE agent who fatally shot a Minnesota woman violated federal law and the department’s push to investigate the deceased’s widow. (NYT.)
According to the Wall Street Journal, President Trump called a group of U.S. attorneys gathered at the White House last week ineffective and admonished them for not moving fast enough to prosecute his “favored targets.” (WSJ.)
The State Department said Tuesday that the interim Venezuelan government freed several Americans who were imprisoned in the country. (NYT.)
Pentagon officials reportedly told lawmakers that the military used an aircraft painted in civilian colors to strike an alleged drug boat in the Caribbean not to deceive its targets but because it was the fastest unit ready for the operation. (WSJ.) See yesterday’s Roundup for background.
ICE agents deployed to Minnesota have reportedly arrested and detained dozens of Somalian refugees who were lawfully admitted into the U.S. after undergoing security screenings. The arrests occurred after the Trump administration announced it would review thousands of refugee cases in Minnesota. (NYT.)
Under new rules published Tuesday by the Trump administration, American technology company Nvidia may export its products to China only after ensuring there is a sufficient supply of AI chips in the U.S. and satisfying additional security requirements. (WSJ.)
Michael B. Rappaport argued that a version of the unitary executive theory known as “presidential control” theory has better support in history and Constitutional text than the “removal theory.” (Divided Argument.)
Tess Bridgeman and Brian Finucane discussed the implications of the War Powers Resolution in the context of the U.S. military’s strikes on alleged gun boats and its operation in Venezuela. (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. The Court set argument for January 21, 2026, and both sides filed supplemental briefs on November 19.