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Justice Department officials are preparing to seek an indictment of former FBI Director James Comey in the coming days. The move follows President Trump’s call for Attorney General Pam Bondi to act quickly against political foes and his nomination of White House aide Lindsey Halligan to replace Erik Siebert as acting U.S. attorney in Virginia, after Siebert failed to bring a case against Comey. (WSJ.) See a previous Roundup for background on Siebert’s ousting.
Judge William E. Smith of Federal District Court in Rhode Island ruled on Wednesday that the Trump administration cannot withhold federal disaster mitigation funding from states that refuse to “‘comply with’ conditions ‘related to coordination and cooperation’ with federal immigration officials.” (NYT.) (Memorandum and order.)
Judge Ana C. Reyes of the Federal District Court in Washington ruled on Wednesday that Trump’s firing of eight former inspectors general was illegal, but denied their bid for reinstatement, finding they failed to show irreparable harm. Even if reinstated, the court noted, Trump could lawfully remove them again after 30 days by providing notice and a rationale to Congress. (NYT.) (Memorandum Opinion.)
The Office of Management and Budget has instructed federal agencies to prepare mass firing plans in the event of a government shutdown, raising the stakes of a potential shutdown next week. (OMB memo.) (Politico.)
A federal judge on Wednesday ordered the Justice Department to explain by Oct. 3 why senior officials made statements about Luigi Mangione that may have violated her gag order, warning that further breaches could bring sanctions. (Reuters.)
Democrats in the House and Senate sent letters pressing top law firms on pro bono legal work reportedly provided to the Trump administration, warning that “providing legal services to the Commerce Department without compensation may violate the law.” (NYT.)
Bob Bauer analyzed the Cook firing case, highlighting the stakes as the Supreme Court decides whether to accept Trump’s stated “cause” or examine evidence of pretext. (Executive Functions.)
Daniel Maurer explored U.S. servicemembers’ exposure to criminal liability in the lethal strikes on alleged narcoterrorists in the Caribbean. (Just Security.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. National TPS Alliance: The government filed an emergency application on September 19 requesting the Supreme Court to stay a district court order granting summary judgement that blocked the termination of TPS protection. The application also requested an immediate administrative stay of the judgement while the Court considers the full stay request. The National TPS Alliance filed an opposition to the request on the same day.
Trump v. Orr: The government filed an emergency application on September 19 requesting the Supreme Court to stay an injunction issued by a district court that requires the State Department to allow transgender and nonbinary people to choose the sex designation on their passports.
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 a response the same day, and the Separation of Powers Clinic submitted an amicus brief supporting the government. The Chief Justice formally set a deadline of September 25 for a response to the application.
Department of State v. AIDS Vaccine Advocacy Coalition: The government filed an emergency application on September 8 requesting the Supreme Court partially stay a district court injunction ordering the Trump administration to spend $4 billion in funds by September 30. The Supreme Court granted the government’s request for a partial stay pending further order of the Court and ordered a response to the government’s application on or before September 12. Respondents Global Health Council, et al. filed a response on September 12, and the Department of State, et al. filed a reply on September 15th.