alegalnerd.bsky.social

stevevladeck.com257. Public Executions and the Eighth AmendmentThe shift in the Court's Eighth Amendment jurisprudence would be a significant obstacle to litigation challenging the public execution of Nidal Hasan.

Excellent analysis by @stevevladeck.bsky.social. If Hasan doesn't seek collateral relief (bc he wants to be a martyr to incite terrorism vs. Americans), if 8th Am. is not a roadblock to public execution, the only obstacle is Trump's belief a public execution will hurt himself. That's where we're at.

Steve Vladeck@stevevladeck.bsky.social

“The fact that we as a society have moved away from public executions would have mattered a lot for that earlier doctrinal understanding. That it wouldn’t mean nearly so much today is, in my view, a pretty telling indictment of #SCOTUS’s entirely recent jurisprudential shift.” Me on Nidal Hasan:

@stevevladeck.bsky.social

Trump, and his attys (aka DOJ), should be afforded a presumption of bad faith in all litigation before any court. Burden on Trump to establish that his attys aren't lying in their filings and oral statements.

Ryan Goodman@rgoodlaw.bsky.social

1/2 Judge Kelly helps point the way in press ban case. It's in the legal weeds, but has big implications for future litigation as more courts do this. Following a signal from Supreme Court and Chief Justice Roberts, the district court looks behind the pretext of POTUS motives.

alegalnerd.bsky.social reposted

Steve Vladeck

Just a reminder that this is the same Sen. Schmitt who repeatedly claimed that Chief Judge Boasberg was receiving a disproportionate share of Trump-related cases because he confused the D.C. Superior Court (which has 62 judges) with the D.C. district court (which has 15).

Aaron Rupar@atrupar.com

🤡 Schmitt beclowns himself 🤡 Schmitt concocted an elaborate conspiracy theory that Smith traveled to Atl for a Hawks game and to collude with Fani Willis, & flashed his "evidence" before accusing Smith of perjury. There's just one problem -- his facts were totally wrong. Here's the whole sequence:

alegalnerd.bsky.social reposted

Steve Vladeck

@stevevladeck.bsky.social

Replying to @stevevladeck.bsky.social

The last two sentences are … direct. Link: www.supremecourt.gov/opinions/25p...

@agrobbonta.oag.ca.gov "No one is above the law," correct? So, when will you be charging Bianco with a felony? Or are you going to ignore his criminal conduct and defiance of lawful directives from your office?

AG Rob Bonta @agrobbonta.oag.ca.gov

Join me soon for a virtual press conference on the major CA Supreme Court victories that we just secured. CA's highest court just made clear: Riverside County Sheriff Chad Bianco broke the law when he seized voted ballots & ignored my direct order to pause his unfounded election investigation.

storage.courtlistener.comResponse to motion – #16 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.comRESPONSE re 2 MOTION for Temporary Restraining Order filed by STEVEN CHEUNG, SEAN M. CURRAN, DONALD J. TRUMP, SUSAN WILES. (Attachments: # 1 Exhibit CNN Letter, # 2 Exhibit MSNOW Letter, # 3 Exhibit P...

@stevevladeck.bsky.social your thoughts on Trump's opposition? storage.courtlistener.com/recap/gov.us...

MeidasTouch@meidastouch.com

JUST IN: In a deeply embarrassing and un-American court filing, the Trump regime is now arguing that CNN, MS NOW, and Politico can be stripped of White House access in the name of “national security.” 1/

storage.courtlistener.comTemporary Restraining Order – #2 in CABLE NEWS NETWORK, INC. v. TRUMP (D.D.C., 1:26-cv-03287) – CourtListener.comMOTION for Temporary Restraining Order by CABLE NEWS NETWORK, INC., Akayla Gardner, Cheyenne Haslett, Betsy Klein, MS NOW Cable, LLC, POLITICO LLC. (Attachments: # 1 Memorandum in Support, # 2 Declara...

21 Sept

As I said: Trump's dictatorial attempt to silence his critics in the press will fail miserably. But it provides additional clear unmistakable evidence that he's nothing more than a wannabe dictator who, if he could get away with it, would burn the Constitution. 43 days till sanity begins a comeback.

Steve Vladeck@stevevladeck.bsky.social

Two updates: The plaintiffs have already filed for a TRO: storage.courtlistener.com/recap/gov.us... And the case has been assigned to Judge Timothy Kelly—a Trump appointee, but the same one who ruled *for* Jim Acosta in the press pass revocation dispute during the first Trump administration.

9 Sept

@stevevladeck.bsky.social as a federal courts expert, why haven't you weighed in on this case?

Josh Gerstein@joshgerstein.bsky.social

JUST IN: MO redistricting fight back at #SCOTUS as opponents of new lines ask Justice Kavanaugh to lift federal judge's order that restored them for looming general election. Kav asks state to respond by 10AM tomw. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/09...

documentcloud.org26A326

justsecurity.orgThe Simplest Way for the Supreme Court to Rule in the USPS Mail Ballots CaseMarty Lederman outlines the easiest and most straightforward way for SCOTUS to decide the USPS mail-in ballot case.

8 Sept

My bet: SCOTUS will deny application for a stay. Possibly, 9-0.

Marty Lederman@martylederman.bsky.social

... I explain why that's sufficient reason for the First Circuit and SCOTUS to deny the applications for a stay. @rickhasen.bsky.social www.justsecurity.org/156487/the-s...

justsecurity.orgWhen the President Does It ...Lessons from President Nixon's forgotten essay in defense of his infamous remark in his 1977 David Frost interview.

3 Sept

My bet: Administrative stay, DENIED.

Steve Vladeck@stevevladeck.bsky.social

Link: www.documentcloud.org/documents/28...

documentcloud.org26A297

alegalnerd.bsky.social reposted

Just Security

@justsecurity.org

28 Aug

Replying to @justsecurity.org

When the President Does It... by Michael Dreeben: www.justsecurity.org/150422/when-...

stevevladeck.com245. Irreparable Harm, “Administrative” Stays, and the White House BallroomChief Justice Roberts’s order in the ballroom case is a useful illustration of how standardless the Court’s approach to “administrative” stays appears to be.

24 Aug

@stevevladeck.bsky.social truly "unenforceable by anyone" under any circumstances? No one would have standing to challenge Trump's tearing down the White House and replacing it with a (soon-to-be bankrupt Trump casino)?

Steve Vladeck@stevevladeck.bsky.social

The central problem with Chief Justice Roberts’s Friday afternoon “administrative” stay in the White House ballroom case isn’t just the lack of any clear standards for such relief; it’s that it’s hard to see how, *whatever* the standards are, this case could satisfy them. Me in today’s “One First”:

justsecurity.orgTo Audition for Attorney General, Blanche Is Prosecuting to PleaseAttorney General nominee Todd Blanche's prosecutions of Comey and others reveal a pattern of prosecutorial sycophancy.

16 July

To Audition for the Role of Attorney General, Blanche Is Prosecuting to Please at www.justsecurity.org/147230/audit...

13 June

Harry, a tarp won't be able to hide all the financial damage he's inflicted on middle-class Americans; the atrocities he's committed throughout the world; all with one purpose in mind: Gain as much power and wealth as possible regardless of the impact on the lives of other persons.

Harry Litman@harrylitman.bsky.social

More evidence that the sloppy last-minute delay for removing Trump‘s name was mainly about keeping the crowd from exulting. When they did finally take it down at 2 AM, they draped the scaffolding so people couldn’t see. What a bush administration.

substack.comHow to Stop Retaliatory IndictmentsA recording by Andrew Weissmann

1 June

I agree with Andrew. Probable cause is a constitutional floor. Congress could raise the standard of proof. Would POTUS veto? Override veto? Standing to contest? chrome-native://pdf/link?url=content%3A%2F%2Fmedia%2Fexternal%2Fdownloads%2F1000026701

Andrew Weissmann@weissmann.substack.com

substack.com/@weissmann/n...

scholar.google.comscholar.google.com

1 June

Link to Probable Cause Revisited scholar.google.com/scholar?hl=e...

alegalnerd.bsky.social reposted

Anna Bower

@annabower.bsky.social

29 May

The past was erased, the erasure won’t be forgotten, the Big Lie won’t become the truth. www.lawfaremedia.org/article/the-...

lawfaremedia.orgThe Justice Department Erases History; Lawfare Restores ItLast week, the Justice Department deleted thousands of press releases related to the Jan. 6 insurrection and other matters. Here they are.

storage.courtlistener.com/recap/gov.us...

12 May

lawandchaospod.comTodd Blanche's Kayfabe Comey CaseMerrily we troll along.

As only she can, @lizdye.bsky.social nails it!

Liz Dye@lizdye.bsky.social

Todd Blanche took his wide-eyed civil servant act to Meet the Press. You can tell the Comey prosecution is legit by the size of his flag pin. www.lawandchaospod.com/p/todd-blanc...

1. @bradmossesq.bsky.social T should have been prosecuted for 18 USC 2383 shortly after he incited (Brandenburg) his thousands of armed, angry, followers who he knew "weren't there to hurt him" (so "take down those FN mags") to storm the Capitol (engage in insurrection). The overwhelming number of

Bradley P. Moss@bradmossesq.bsky.social

It's really easy in hindsight to view Biden's team, including Garland, as too timid in their response to Trump's actions on J6 and the threat he posed if he returned in 2025. Sure, there were plenty of folks who wanted a more direct and pointed approach to go after Trump early. Hindsight is 20/20.

View full thread

5. People and, likely, wouldn't even geant cert. to review following the D.C. Circuit's affirmance of judgment. This was what I advocated for shortly after T's Ellipse speech. If Biden and Garland would have been listening and had some balls, America would be much closer to being that "shining

6. city on a hill" that everyone (D, R & I) long for. And, no, I'm not a Monday Morning QB. Just a very experienced legal analyst who, usually, has a pretty good idea of what justice demands. Going with Jack Smith and those 4 legally questionable charges was a huge mistake. END.

Bradley P. Moss@bradmossesq.bsky.social

View full thread

3. speech, proving incitement would have been relatively easy. As for insurrection. There's significant authority in support of the proposition that the storming of the Capitol would constitute an insurrection. Given all of the above, the odds of the SCOTUS prohibiting the prosecution before trial

4. would have been significantly reduced. And the odds of a D.C. jury convicting would have been substantial. After conviction and sentencing, based on the text of 2383, T would have been ineligible to run for POTUS. The SCOTUS, IMO, at that point wouldn't try and interfere with the will of the

Bradley P. Moss@bradmossesq.bsky.social

2. Americans (D, R & I) would have supported that prosecution if timely instituted. Yes, like all prosecutions there would have been legal hurdles (i.e., was his speech "incitement;" was the storming of the Capitol an "insurrection"). But, given everything that T said/did before/during/after his

alegalnerd.bsky.social reposted

Hoodlum 🇺🇸

@nothoodlum.bsky.social

4 May

James Comey has been keeping busy waiting for his upcoming trial.

30 Apr

Can DOJ prove BARD that Comey had actual knowledge that 8647 was a "threat"? Even if they could, they'd still have to prove that Comey "consciously" disregard a "substantial risk" that someone would act on that threat and injure (875(c)) or kill (871(a)) Trump.

Eric Columbus@ericcolumbus.bsky.social

So I googled for evidence of this usage of 86 and “8 miles out 6 feet down” and bizarrely I found — and this is all I found — Carrie Fisher’s brother recounting a story from Warren Beatty about Debbie Reynolds threatening to harm Beatty if he ever touched Fisher. www.news.com.au/entertainmen...

cnn.comExclusive: Justice Department indicts former FBI Director James Comey for a second time | CNN PoliticsFormer FBI Director James Comey was indicted Tuesday over a photo of seashells officials said threatened President Donald Trump, marking the administration’s second attempt to prosecute one of his lar...

29 Apr

"jury"? @barbmcquade.bsky.social This indictment will never get to a petit jury even if, after it's dismissed (read my pinned thread), Trump's legal henchmen (other than the inexperienced AUSA who screwed up this presentation) obtain another indictment. Garbage pure & simple.

Barb McQuade@barbmcquade.bsky.social

These indictments are just getting kore absurd. Though Comey may be guilty of poor judgment, no jury will find that a photo of seashells constitutes a true threat. www.cnn.com/2026/04/28/p...

alegalnerd.bsky.social reposted

MeidasTouch

@meidastouch.com

Comey: Well, they're back. This time about a picture of seashells on a North Carolina beach a year ago. And this won't be the end of it. But nothing has changed with me. I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary. So let's go.

reason.comAnalyzing Indictment of James Comey for “86 47” PostFrom today's indictment: On or about May 15, 2025, in the Eastern District of North Carolina, the defendant, JAMES BRIEN…

29 Apr

Read my pinned thread on why, as a matter of law, the indictment against @jamescomey.bsky.social must be dismissed.

Ryan Goodman@rgoodlaw.bsky.social

It's a political act masquerading as an indictment. Here's a definitive takedown of the laughably ludicrous indictment of James Comey.⤵️ The author is conservative law scholar and First Amendment expert Eugene Volokh.

29 Apr

The indictment against @jamescomey.bsky.social must be dismissed as a matter of law.

scholar.google.comscholar.google.com

Recent "true threats"/18 USC 875(c)/12(b) Motion to Dismiss Indictment Circuit Court opinion. Jury decides if "true threat." scholar.google.com/scholar_case...

alegalnerd.bsky.social@alegalnerd.bsky.social

Trump's Revenge & Retribution Campaign Part II

cnn.comExclusive: Justice Department indicts former FBI Director James Comey for a second time | CNN PoliticsFormer FBI Director James Comey has been indicted a second time by Trump’s Justice Department, two sources familiar told CNN.

Trump's Revenge & Retribution Campaign Part II

Ryan Goodman@rgoodlaw.bsky.social

"Former FBI Director James Comey has been indicted a second time by Trump’s Justice Department, two sources familiar told CNN. The specific charges were not immediately clear."

alegalnerd.bsky.social reposted

Marty Lederman

@martylederman.bsky.social

storage.courtlistener.comMiscellaneous Relief – #79 in NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES v. NATIONAL PARK SERVICE (D.D.C., 1:25-cv-04316) – CourtListener.comMOTION Indicative Ruling Dissolving the Court's Injunction re 73 Order on Motion to Clarify,, Order on Motion to Stay, by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, ROBERT DOWNING, EX...

This unhinged brief was actually filed by the U.S. Department of Justice and signed by the top two officers in that Department. "Trump Derangement Syndrome," indeed. storage.courtlistener.com/recap/gov.us...

theatlantic.comThe FBI Director Is MIAKash Patel has alarmed colleagues with episodes of excessive drinking and unexplained absences.

18 Apr

My bet: He's fired (or resigns) before Election Day.

Ryan Goodman@rgoodlaw.bsky.social

OMG Kash Patel appears to be a drunken national security threat "Meetings and briefings had to be rescheduled for later in the day as a result of his alcohol-fueled nights." "A request for 'breaching equipment' ... was made last year because Patel had been unreachable behind locked doors."

youtube.comBREAKING: Minnesota CHARGES ICE Agent with ASSAULTYouTube video by Talking Feds with Harry Litman

State criminal conduct not "necessary" or "proper" to performing any specific federal "duty" can be prosecuted -- no Supremacy Clause immunity. No federal law "preempts" the state criminal charges. Killers of Good & Pretti on are borrowed time. Justice is coming.

Harry Litman@harrylitman.bsky.social

As promised, here is my video on Minneapolis prosecutors charging an ICE agent with assault: www.youtube.com/watch?v=i1LG...

nbcnews.comICE agent charged with assault and accused of pointing a gun at civilians in MinnesotaGregory Donnell Morgan Jr. was charged with two counts of second-degree assault with a dangerous weapon, and there is a warrant out for his arrest, a Minnesota prosecutor said.

ICE agent charged after allegedly pointing gun at civilians in Minnesota www.nbcnews.com/news/us-news...

minnesotareformer.comFirst ICE officer charged with assault for threatening people with a gun in Minnesota • Minnesota ReformerHennepin County Attorney Mary Moriarty on Thursday filed criminal charges against an Immigration and Customs Enforcement officer for allegedly brandishing his service weapon at two people during Opera...

First ICE officer charged with assault for threatening people with a gun in Minnesota minnesotareformer.com/2026/04/16/f...

1. As @stevevladeck.bsky.social states: The road to justice for federal agents who commit state crimes is on the tracks. IMO, great call by the @hennepinatty.bsky.social Criminal conduct of Morgan, like the murderous conduct of the killers of Renee Good & Alex Pretti, wasn't "necessary"

Steve Vladeck@stevevladeck.bsky.social

And so it begins.

2. or "proper" to carry out any specific federal "duty." And, therefore, no immunity from state criminal prosecution. Or, stated differently (as Justice Gorsuch recently intimated in Martin), the state criminal prosecution isn't "preempted" by any federal law.

@harrylitman.bsky.social want to weigh in on this significant development?

7 Apr

Trump doesn't care if any of his actions are "war crimes" because he knows that there's no chance of him ever having to face justice for any such acts. Not under US law or International Law.

Ryan Goodman@rgoodlaw.bsky.social

CBS Evening News features letter by 100 Experts published at @justsecurity.org Over 100 International Law Experts Warn: U.S. Strikes on Iran Violate UN Charter and May Be War Crimes link to letter: www.justsecurity.org/135423/profe...

lawfaremedia.orgThree Hundred Habeas Cases in Which the Government Has Defied Court OrdersA database of non-compliance with court orders around the country.

4 Apr

Has anyone in the Trump administration faced any punishment, penalty, or meaningful consequences for having blatantly violated any of the 300 court orders? Anything at all? What, if anything, have any of the judges done to address this egregious, contemptuous, conduct?

Lawfare@lawfaremedia.org

What does it look like when the government violates court orders in 300 separate immigration habeas cases? @katherinepomps.bsky.social and @benjaminwittes.lawfaremedia.org announce a new database which tracks government non-compliance with court orders around the country.

alegalnerd.bsky.social reposted

Anna Bower

@annabower.bsky.social

2 Apr

Trump used the Presidential Records Act to defend himself against charges alleging that he stole classified documents. Now his Justice Department—which is currently being run by his former criminal defense lawyer—says the PRA is unconstitutional.

Anna Bower@annabower.bsky.social

You gotta be kidding me

1 Apr

My bet: Trump gets blown out 7-2 or 9-0.

1 Apr

Keep Hope Alive that one day, Trump will have to face (civil, although not criminal) consequences of his having incited the insurrection on January 6.

Kyle Cheney@kyledcheney.bsky.social

JUST IN: Judge Mehta advances theming-running civil lawsuit by lawmakers and cops against Trump over Jan. 6. He says Trump’s rally speech and call to Raffensperger (among other acts) are not plainly immune conduct and can advance toward trial. ecf.dcd.uscourts.gov/cgi-bin/show...

youtube.comHCAO files lawsuit against federal government for access to Metro Surge shooting evidence | 3/25/26YouTube video by HennepinAttorney

26 Mar

If you want a deeper dive, read my pinned thread on X.

Hennepin County Attorney Mary Moriarty@hennepinatty.bsky.social

Watch our full press conference with @ag.state.mn.us regarding our lawsuit against the federal government for access to evidence in the Operation Metro Surge shootings www.youtube.com/watch?v=jJVF...

25 Mar

Unprecedented lawsuit (and, hopefully, at some point, jury verdicts of guilty as charged) by @hennepinatty.bsky.social