Josh Gerstein

Josh Gerstein

@joshgerstein.bsky.social

Sr. Legal Affairs Reporter, @POLITICO Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46

132.6K followers151 following2.7K posts

Josh Gerstein reposted

Dan Froomkin/Press Watch/Heads Up News
@froomkin.bsky.social

Hey, check this out! I'll have something about it somewhere, soon. Stay tuned.

Josh Gerstein@joshgerstein.bsky.social

JUST IN: 6 news consumers, including @kenroth.bsky.social @benjaminwittes.lawfaremedia.org @froomkin.bsky.social, sue Trump over his "ban" on news outlets, including @politico.com. Suit argues Trump is burdening their ability to get quality WH reporting www.politico.com/news/2026/10...

politico.comLawsuit argues Trump’s media ban hurts news consumersThe plaintiffs say they depend on reporting that the White House has restricted.
Josh Gerstein
@joshgerstein.bsky.social

UPDATE: During the high-profile DC trial of Dem atty Michael Sussman in 2022, former FBI general counsel Jim Baker discussed the alleged leak at issue in the 3rd criminal case against James Comey. Baker said he thought disclosure was approved by FBI & DNI www.politico.com/news/2026/10...

politico.comJustice Department charges James Comey with sharing classified informationThe case involves allegations that the former FBI director authorized a disclosure of classified information to The New York Times.
Josh Gerstein
@joshgerstein.bsky.social

One thing omitted from story below: A POLITICO reporter was excluded from today's hearing at request of Khan Suri's lawyers due to the "nature" of the testimony, including DHS cross-examination of Khan Suri's wife. DOJ judge allowed the selective exclusion. thehoya.com/news/khan-su...

thehoya.comKhan Suri Awaits Deportation Ruling After Trial ConcludesAn immigration judge will now decide whether Badar Khan Suri can remain in the country, as the Supreme Court considers a parallel case challenging his 58-day detention beginning in March 2025.
Josh Gerstein
@joshgerstein.bsky.social

NEW: 9th Cir. rebuffs Trump admin in fight over segregating mail-in ballots from 20K suspected foreigners on CA voter rolls. Unclear if TRO hearing before Judge Carter will proceed tom'w. 7PM PT deadline for en banc petition w/ @kyledcheney.bsky.social Lindsey Holden www.politico.com/news/2026/10...

politico.comAppeals court rejects DOJ’s bid to quickly force California to set aside ballotsA 2-1 ruling from a panel of the 9th Circuit Court of Appeals concluded that the Justice Department improperly circumvented a lower-court judge.
Josh Gerstein
@joshgerstein.bsky.social

BREAKING: 9th Cir. panel, 2-1, denies Trump demand for immediate order to segregate mail-in ballots from 20K suspected foreigners on CA rolls. Majority: Bennett (Trump), Sanchez (Biden). Dissent: Bumatay (Trump). storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/10...

storage.courtlistener.com#63 in United States of America v. State of California, et al. (9th Cir., 26-7070) – CourtListener.comORDER FOR PUBLICATION FILED. (Mark J. BENNETT, Patrick J. BUMATAY, Gabriel P. SANCHEZ) (Concurrence by Judge BENNETT; Concurrence by Judge SANCHEZ; Dissent by Judge BUMATAY) [SEE ORDER FOR FULL TEXT] ...
Josh Gerstein
@joshgerstein.bsky.social

FLASH: Justice Department charges former FBI Director James Comey for 3rd time, alleges he caused leak of classified information to NYT about email surveillance practices in 2016. He denies. Fight underway over statute of limitations. w/ @kyledcheney.bsky.social www.politico.com/news/2026/10...

politico.comJustice Department charges James Comey with sharing classified informationThe case has been pending in secret for weeks and involves allegations that the former FBI director authorized a disclosure of classified information to The New York Times.
Josh Gerstein
@joshgerstein.bsky.social

NEW: Trump admin bid to get appeals court to force segregation of mail-in ballots from 20K suspected foreigners in CA seems in trouble 3 ways to Sunday, including w/ at least 1, probably 2 Trump-appointed judges. w/ @kyledcheney.bsky.social @lindseyholden.bsky.social www.politico.com/news/2026/10...

politico.comJustice Department faces skeptical appeals court panel in California ballot fightAll three judges voiced concerns that the DOJ rushed too quickly to the appeals court while a lower-court judge was still weighing the matter.
Josh Gerstein
@joshgerstein.bsky.social

UPDATE: So far, 9th Circuit argument is going poorly for Trump admin. Caveat that we are only about 20 minutes in, but Trump appointee Bennett and Biden appointee Sanchez sound highly dubious of timing and substance of DOJ's demand for appeals court action.

Josh Gerstein
@joshgerstein.bsky.social

UPDATE: 9th Cir. orders state to respond by noon PT Saturday. Judges on panel not disclosed. Doc: www.documentcloud.org/documents/28...

documentcloud.orgUSvCA20KCA9Ord102326.PDF
Josh Gerstein@joshgerstein.bsky.social

JUST IN: Trump admin asks 9th Circuit for emergency order by tom'w (Sat) to segregate ballots from 20K on CA rolls whom DOJ suspects are foreign. DOJ says Judge Carter constructively denied relief by failing to act. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/newsletters/...

documentcloud.orgUSvCA20KCA9EmerMot102326.PDF
Josh Gerstein
@joshgerstein.bsky.social

Have these prosecutors not heard of Supreme Court's Bartnicki decision, protecting media's right to publish truthful information of public interest lawfully obtained, even if someone else broke the law to release it? www.miamiherald.com/news/politic...

miamiherald.comProsecutors warn stations of ‘potential criminal consequences’ for Hope Florida adThe prosecutors’ arguments echo claims by the Florida GOP and Attorney General James Uthmeier, who’s on the ballot and named in the report.
Josh Gerstein
@joshgerstein.bsky.social

NEW: Audio shows prosecutor accused cyberextortion defense executive Ed Dubrovsky of "actually working on behalf of the threat actors." He sought pretrial release but mag judge denied, citing Dubrovsky's foreign ties/wealth. More w/ @jsaks.bsky.social ($) subscriber.politicopro.com/article/2026...

subscriber.politicopro.comPOLITICO Pro: Feds allege cyber executive was ‘actually working' for hackersA Justice Department lawyer argued Edward Dubrovsky defrauded victims of data breaches who paid him to negotiate ransom payments with the responsible hackers.
Josh Gerstein
@joshgerstein.bsky.social

A fight over a DC community golf course on the Potomac produced one of the highest-wattage legal showdowns of Trump's 2nd term Monday. Perhaps not surprising given Trump's preoccupation with the golf project even as the midterms loom. w/ @kyledcheney.bsky.social www.politico.com/news/2026/10...

politico.comJudge tees off on DOJ official over Trump golf courseThe golf-course fight escalated sharply last week after the National Park Service abruptly razed hundreds of trees on the course with little notice.
Josh Gerstein
@joshgerstein.bsky.social

JUST IN: One biz day before key hearing in fight over Trump bid to revamp DC community golf course, DOJ seeks to disqualify Judge Ana Reyes (Biden/DC), saying she's ill-tempered & shows anti-admin bias in cases. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/10...

storage.courtlistener.comDisqualify Judge – #86 in DC PRESERVATION LEAGUE v. DEPARTMENT OF INTERIOR (D.D.C., 1:26-cv-00477) – CourtListener.comMOTION to Disqualify Judge and Release Audio by JESSICA BOWRON, DOUG BURGUM, DEPARTMENT OF INTERIOR, NATIONAL PARK SERVICE. (Attachments: # 1 Text of Proposed Order)(Woodward, Stanley) (Entered: 10/16...

Josh Gerstein reposted

Aaron Rupar
@atrupar.com

Trump: "Jon Ossoff has spent more money on makeup -- and by the way I wear very little and I do it myself. Yaaaaaaaaaaahhhh. Because if you don't put a little on, you look a little bit like a dead person. I don't want to look that way. But he goes full bore."

Josh Gerstein reposted

Walter Olson
@walterolson.bsky.social

Fourth Circuit rules that officers were entitled to complete a so-called Terry investigative stop by entering the home of a suspect (who was in fact innocent). "Reasonable suspicion" is too loose a standard for forced home entry, argues Cato petition for rehearing in Hayat v. Diaz [Matthew Cavedon]

cato.orgHayat v. Diaz Brief: Officers Can't Enter the Home Based Only on Reasonable SuspicionThe Court should grant a rehearing and reconsider the panel’s dramatic expansion of Terry into the household.
Josh Gerstein
@joshgerstein.bsky.social

NEW: Rough outing at DC Circuit for Trump bid to overturn Presidential Records Act. Some judges worry about letting presidents auction off their papers, but questions lurk, like could Congress declare #SCOTUS justices' papers to be public? w/ @kyledcheney.bsky.social www.politico.com/news/2026/10...

politico.comAppeals court appears skeptical of Trump’s attempt to shield presidential recordsThe Trump administration argues that the Presidential Records Act is unconstitutional.
Josh Gerstein
@joshgerstein.bsky.social

UPDATE: Military judge pushes back commission trial for Al-Nashiri by a week as challenges over his competency play out at Gitmo, DC District Court and DC Circuit. Voir dire for commission members (jurors) now set for Oct. 26

Josh Gerstein@joshgerstein.bsky.social

JUST IN: Lawyers for alleged USS Cole bomb plotter Al-Nashiri ask DC judge to block his military commission trial set to open at Gitmo on Monday, argue he's not competent due to medical issues stemming from torture by CIA. Doc: www.documentcloud.org/documents/28...

documentcloud.orgAlNashiriTRO101526

Josh Gerstein reposted

Kyle Cheney
@kyledcheney.bsky.social

A judge has thrown out the Trump administration's lawsuit against New York City over its sanctuary policies, rejecting the federal govt's claim that the city's policies violated the Supremacy Clause. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comMemorandum & Opinion AND Order on Motion to Dismiss for Failure to State a Claim – #79 in United States v. City of New York (E.D.N.Y, 1:25-cv-04084) – CourtListener.comMemorandum & Opinion AND Order on Motion to Dismiss for Failure to State a Claim

Josh Gerstein reposted

Aaron Rupar
@atrupar.com

Trump: "Honestly, I could've done numbers on Hillary Clinton. I could've done numbers on Bill Clinton. I could've done numbers on Barack Hussein Obama. Still could. I still could. I could do big numbers if I wanted to. Go after them. Criminally. Destroy their reputations."

Josh Gerstein
@joshgerstein.bsky.social

JUST IN: 14 news orgs, including POLITICO, file motion seeking access to court records related to Monday search of DC home of Rep. Ilhan Omar (D-MN) storage.courtlistener.com/recap/gov.us... And NYT goes its own way storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/10...

storage.courtlistener.comMemorandum in Support – #1, Att. #1 in IN RE APPLICATION OF FOURTEEN PRESS ORGANIZATIONS FOR ACCESS TO SEALED SEARCH WARRANT RECORDS (D.D.C., 1:26-mc-00144) – CourtListener.comAPPLICATION pursuant to LCrR 57.6 ( Filing fee $ 52 receipt number 212746.) filed by PRESS APPLICANTS. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(znmw) (Entered: 10/15/2026)

Josh Gerstein reposted

Kyle Cheney
@kyledcheney.bsky.social

BREAKING: Judge Kelly has renewed his orderer ending President Trump's ban on POLITICO, CNN and MSNOW from the White House, calling it a violation of press freedom based on a flimsy "national security" pretext. w/ @joshgerstein www.politico.com/news/2026/10...

politico.comJudge extends order restoring White House access for POLITICO, CNN and MS NOWU.S. District Judge Timothy Kelly, a Trump appointee, said the president’s move likely violated due process and the First Amendment.
Josh Gerstein
@joshgerstein.bsky.social

BREAKING: Judge Tim Kelly (Trump/DC) issues preliminary injunction preserving POLITICO/CNN/MS NOW access to White House as suit unfolds. Kelly finds likely due process & First Amendment breaches for viewpoint discrimination & retaliation. w/ @kyledcheney.bsky.social www.politico.com/news/2026/10...

politico.comJudge extends order restoring White House access for POLITICO, CNN and MS NOWU.S. District Judge Timothy Kelly, a Trump appointee, said the president’s move likely violated due process and the First Amendment.
Josh Gerstein
@joshgerstein.bsky.social

JUST IN: Judge Vince Chhabria (Obama/CAND) blocks USDA reorganization. Unusual aspect to case is unions who filed it & DOJ agreed language allowing Congressional committees to approve reprogramming of funds is unconstitutional. Doc: storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comOrder on Motion for Preliminary Injunction – #107 in American Federation of Government Employees, AFL-CIO v. United States Department of Agriculture (N.D. Cal., 3:26-cv-09976) – CourtListener.comOrder granting 5 Motion for Stay Under 5 U.S.C. 705. Signed by Judge Vince Chhabria on 10/13/2026. (vclc3, COURT STAFF) (Filed on 10/13/2026) (Entered: 10/13/2026)
Josh Gerstein
@joshgerstein.bsky.social

NEW: Citing 'other matters of national importance,' Trump cancels his pre-election deposition in defamation suit he filed over BBC documentary. He was to be questioned under oath on Friday. Trump's lawyers say he can't spare time for at least next 2 months www.politico.com/news/2026/10...

politico.comTrump cancels deposition in BBC case, lawyers sayThe president was set to be questioned under oath in his defamation lawsuit over the British broadcaster’s 2020 election documentary.
Josh Gerstein
@joshgerstein.bsky.social

JUST IN: As Trump & allies suggested, 11th Circuit delays Nov. 2 arguments on release of Mar-a-Lago volume of special counsel Jack Smith's final report. Appeals court doesn't specify a new date. Doc: storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comCourt Order Filed – #135, Att. #2 in United States v. Knight First Amendment Institute at Columbia Univ. (11th Cir., 25-14507) – CourtListener.comORDER: Motion to continue oral argument filed by Appellee Donald J. Trump is GRANTED in PART. The Court will schedule oral argument at a time convenient to the panel and the attorneys. [132] in 25-145...