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    The Comey and James dismissals are a reminder of Trump’s lawlessness | Austin Sarat

    Monday brought good news for two of Donald Trump’s most hated enemies: the former FBI director James Comey, and the New York state attorney general, Letitia James. A federal judge dismissed the sham indictments the administration had obtained against them.Judge Cameron McGowan Currie reminded the president and his attorney general of the great lessons of a society governed by the rule of law: how things are done matters as much as what is done. Without fair procedures, no one can be safe from the arbitrary exercise of government power.This is never more apparent than when leaders target their political opponents and seek revenge against those who do not fall in line. The US is learning this lesson in real time as the Trump administration politicizes prosecution.Recall the president’s infamous 20 September direction to Pam Bondi, the US attorney general.“Pam,” Trump posted to Truth Social, “I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as the last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.’“Then,” he continued, “we almost put in a Democrat supported U.S. Attorney, in Virginia, with a really bad Republican past … I fired him, and there is a GREAT CASE, and many lawyers, and legal pundits, say so. Lindsey Halligan is a really good lawyer, and likes you, a lot.”The president ended by making it clear what he wanted and why he wanted it. “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”Two days later, Bondi installed Halligan as interim US attorney for the eastern district of Virginia with an apparent mandate to go after Comey, James and others. Several days after that, Comey was indicted in federal court, accused of lying to Congress; the next month, James was indicted in a mortgage case. Both denied wrongdoing and said the cases were intended to punish them for past clashes with him.On Monday, Currie delivered a decisive rebuke to Trump and Bondi when she threw out the Comey and James indictments. She found that Halligan’s appointment violated the clear language of the statute governing such appointments and of the constitution itself.As a result, all of the actions flowing from her appointment, including the indictments of Comey and James, were “unlawful exercises of executive power”. While Currie left the door open for the administration to refile indictments against Comey and James, in Comey’s case, the time allowed under the applicable statute of limitations has run out.As the Washington Post notes, Currie’s decision is just the latest in a series of judicial rulings “disqualifying Trump’s interim U.S. attorney picks in New Jersey, Nevada, and Los Angeles”. Like her colleagues, Currie made clear that Trump’s Department of Justice had again distinguished itself by its dangerous combination of lawlessness and incompetence.Her opinion is good news for defenders of the rule of law. It should also strengthen the hand of other judges who want to push back against the administration’s vindictive prosecutions.Judges, like Currie, are never eager to dismiss an indictment issued by a grand jury. They are inclined to trust the grand jury process and are reluctant to cast aside the investment of time and resources that a good prosecutor makes in securing an indictment.In 1988, the supreme court held that, in most cases, dismissal of an indictment is appropriate only if errors in the handling of the grand jury process prejudiced a defendant by “substantially” influencing the decision to indict or raising “grave doubt” about whether the decision was free from such influence.As the attorney James M Burnham has written, this high bar “plays a central role in the ever-expanding, vague nature of federal criminal law because it largely eliminates the possibility of purely legal judicial opinions construing criminal statutes”. Burnham wants judges to be more active in policing indictments and making sure they are legally justified.Currie did just that. She found that Halligan lacked the authority to seek indictments of Comey or James because the justice department had not followed the applicable law governing the appointment of interim US attorneys. That law is, in her words, “unambiguous”.It allows the attorney general to appoint an interim US attorney, who can serve for a period of 120 days. It falls to a federal district court, not the administration, to choose a successor or extend the term of the current interim appointee – as happened with Halligan’s predecessor.The purpose of the law, Currie noted, was to prevent the president from circumventing the constitutional requirement that US attorneys go through a Senate confirmation process by making a series of interim appointments back-to-back.But Senate confirmation takes time. Alas, how inconvenient when the president demands that his enemies must be brought to justice now.Bondi may have known what the law required when she appointed Halligan to do the president’s bidding. But she seems to interpret her role as serving Trump and pushing the outer boundaries of the law until a judge has the temerity to tell her she can’t.Like federal judges in other cases, that is what Currie did. Along the way, the judge noted that Halligan was a “White House aide with no prior prosecutorial experience”, who appeared alone before the grand jury after career prosecutors in her office concluded that neither had committed any crime.In the end, the judge, having pointed out the lawlessness and incompetence that accompanied Halligan’s appointment and the Comey and James indictments, reminded Bondi and the president that the legal requirements governing appointments, as the supreme court once said, are “more than a matter of etiquette or protocol”. No matter how much the president insists or how many all-caps messages he posts to Truth Social, those requirements cannot be discarded, she concluded, to suit the president, since they are “among the significant structural safeguards of the constitutional scheme”.

    Austin Sarat, William Nelson Cromwell professor of jurisprudence and political science at Amherst College, is the author or editor of more than 100 books, including Gruesome Spectacles: Botched Executions and America’s Death Penalty More

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    US judge throws out criminal cases against James Comey and Letitia James

    A federal judge threw out the criminal cases against James Comey and Letitia James on Monday, concluding that the prosecutor handling the cases was unlawfully appointed.Lindsey Halligan, who Trump named the interim US attorney for the eastern district of Virginia in September, had “no lawful authority to present the indictment” against the former FBI director and New York attorney general, Judge Cameron McGowan Currie, wrote in her opinion.“I conclude that the attorney general’s attempt to install Ms Halligan as Interim US attorney for the eastern district of Virginia was invalid and that Ms Halligan has been unlawfully serving in that role since September 22, 2025,” Currie, who was appointed to the bench by Bill Clinton, wrote in her opinion. She added that “all actions flowing from Ms Halligan’s defective appointment” were “unlawful exercises of executive power and must be set aside”.The decision is a major win for Comey, who was charged with lying to Congress five years ago, and James, who was charged with mortgage fraud. Both unequivocally denied wrongdoing and said the cases were a thinly veiled effort by the Trump administration to punish them for opposing Trump.“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James said in a statement. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”Comey also praised the decision.“I’m grateful that the court ended the case against me which was a prosecution based on malevolence and incompetence,” he said in a recorded video. “This case mattered to me personally, obviously, but it matters most because a message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies.“I know that Donald Trump will probably come after me again and my attitude is gonna be the same. I’m innocent, I am not afraid, and I believe in an independent federal judiciary,” he added.US attorneys must be confirmed by the Senate. Federal law allows the attorney general to appoint someone to serve on an acting basis for 120 days while a nomination is pending. Once that 120 day period is up, the law allows the judges on the district court where the prosecutor handles cases to appoint a top prosecutor.Halligan’s predecessor, Erik Siebert, began serving in the role on an interim basis in January. In May, at the end of the 120-day period, the judges in the eastern district of Virginia chose to extend his appointment. In September, Siebert was forced out of his role as it reportedly determined there was insufficient evidence to charge James with a crime. Trump installed Halligan, a White House aide with no prosecutorial experience in the role and Comey was indicted on charges of lying to Congress days later. Halligan then indicted James on allegations of mortgage fraud shortly after that.The Trump administration argued that the attorney general could simply revisit someone new every 120 days, but Currie said that would simply allow the attorney general to indefinitely appoint someone on an interim basis. The “text, structure, and history” of the law do not support the government’s argument she wrote.Currie dismissed both cases “without prejudice”, which means the government could theoretically try to bring the charges again under a properly appointed US attorney. But it is unclear if they could even do that in Comey’s case because the statute of limitations for the crime he is charged with passed on 30 September 2025.“The decision further indicates that because the indictment is void, the statute of limitations has run and there can be no further indictment,” said Patrick Fitzgerald, a lawyer for Comey. “The day when Mr Comey was indicted was a sad day for our government. Honest prosecutors were fired to clear the path for an unlawful prosecution. But today an independent judiciary vindicated our system of laws not just for Mr Comey but for all American citizens.”Halligan personally presented both cases to the grand jury and has been under intense scrutiny since taking her position. Last week, a judge overseeing the case questioned whether she had properly followed routine procedure in obtaining an indictment in Comey’s case. Prosecutors handling the case say they followed appropriate procedure.“The court’s order acknowledges what’s been clear about this case from the beginning. The president went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused,” Abbe Lowell, a lawyer for James, said in a statement. “This case was not about justice or the law; it was about targeting Attorney General James for what she stood for and who she challenged. We will continue to challenge any further politically motivated charges through every lawful means available.” More

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    Full grand jury didn’t see final Comey indictment, prosecutors admit

    Federal prosecutors on Wednesday said they had never presented the final version of the indictment filed against James Comey to a full federal grand jury, a concession that adds to mounting challenges in their effort to prosecute the former FBI director.Prosecutors acknowledged the omission during a Wednesday hearing in which Comey’s lawyers argued the case against him should be dismissed because it was a selective and vindictive prosecution.Comey was indicted on 26 September on one count of making a false statement to Congress and one count of obstructing a congressional proceeding in connection with testimony he gave in 2020 in which he said he had not “authorized someone else at the FBI to be an anonymous source in news reports” regarding Hillary Clinton.Court documents from September show that Lindsey Halligan, a Trump ally installed as a top prosecutor in the case, had sought an additional false statement charge against Comey, but that grand jurors had rejected it.Once the grand jury rejected the charge, Halligan could have had the full grand jury vote again on a copy of the indictment that only included the two charges they voted to indict on, or presented the judge with a three-count indictment crossing out the count on which the grand jury had chosen not to indict on. But, pressed on Wednesday by Michael Nachmanoff, the US district judge overseeing the case, Halligan confirmed that only the foreperson and another grand juror had seen the revised indictment that had only the two charges the grand jury had voted to indict on, CNN and Lawfare reported on Wednesday.Comey’s team therefore views the indictment as null. “There is no indictment Mr Comey is facing,” Michael Dreeben, one of Comey’s lawyers said in court on Wednesday. N Tyler Lemons, an assistant US attorney handling the case, argued that there wasn’t a problem because the final version of the indictment merely removed a charge rejected by the grand jury. “The new indictment wasn’t a new indictment,” he said, according to the Washington Post.Andrew Tessman, a former federal prosecutor in West Virginia and Washington DC, said he saw the issue as “highly problematic” and a “fatal flaw”. “This is just not how grand jury operates,” he said.Halligan is a former insurance lawyer who presented the case to the grand jury herself despite never having previously handled a criminal case.A transcript of the hearing in which the indictment was returned in Comey’s case obtained by CBS News shows some confusion over the indictment. The magistrate judge overseeing it said she had been given two versions of the indictment.“The reason we want to cross all of our T’s and dot all of our I’s in these situations is because the court is also going to take it very seriously for the same reasons. And if you screw up one step in this process, then you’re risking the whole case going away in an embarrassing fashion,” Tessman said. “The US attorney’s office is going to take this whole process very seriously, but the court is going to take it even more seriously. And if they see one thing wrong with how the case was presented to the grand jury, they’re going to err on the side of protecting people’s constitutional rights.”“It’s understandable. You pulled a random insurance lawyer off the street and you put her into the grand jury with no training and no other experienced attorney there,” he added. “It’s not surprising at all that some big mistake was made.”Nachmanoff gave the justice department until 5pm on Wednesday to further explain what happened.Before Trump installed Halligan, it was widely reported that career prosecutors believed there was not sufficient evidence to charge Comey with a crime. On Wednesday, Lemons said the deputy attorney general’s office had instructed him not to disclose whether a memo outlining the reasons for not prosecuting the case existed.Wednesday’s hearing came days after a magistrate judge handling the case said there may have been “government misconduct” and that Halligan made at least two “fundamental and highly prejudicial” misstatements of law to the grand jury. The magistrate judge ordered the prosecutors to take the highly unusual step of turning over grand jury materials to Comey’s team. That order is on hold while an appeal is pending. More

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    Trump news at a glance: in a U-turn, president tells Republicans to vote to release Epstein files

    Donald Trump has told his fellow Republicans in Congress to vote for the release of files related to the late convicted sex offender Jeffrey Epstein, in a sudden reversal of his earlier position.The US president’s post on his Truth Social website came after the House speaker, Mike Johnson, said previously that he believed a vote on releasing justice department documents in the Epstein case should help put to rest allegations “that he [Trump] has something to do with it”.Late on Sunday, Trump wrote on his social media platform: “House Republicans should vote to release the Epstein files because we have nothing to hide.“And it’s time to move on from this Democrat Hoax perpetrated by Radical Left Lunatics in order to deflect from the Great Success of the Republican Party,” he added.Trump’s surprise reversal on releasing Epstein filesThe White House has struggled to contain suspicion within Trump’s usually loyal Make America Great Again (Maga) base that the administration is hiding details of Epstein’s crimes to protect the rich elite with whom the financier associated, including Trump.Despite continued releases of files by Republicans this year, including a cache of more than 20,000 pages that were published last week, pressure has grown to disclose more information from Epstein’s estate, as well as FBI investigation documents.The US House of Representatives is expected to vote on the legislation regarding the release of more Epstein files this week, possibly as soon as Tuesday.Read the full storyUN security council votes to endorse Trump’s Gaza planThe resolution, passed by a vote of 13-0 with abstentions by China and Russia, charted “a new course in the Middle East for Israelis and Palestinians and all the people of the region alike”, the US envoy to the UN, Mike Waltz, told the council chamber.The price of passing a resolution was vague language which left many issues uncertain. It gives overall oversight authority to a “board of peace” chaired by Trump, but of uncertain membership.Read the full storyUS will label supposed Venezuelan drug cartel ‘headed by Maduro’ as terrorist organizationThe US has said it will designate a putative Venezuelan drug cartel allegedly led by Nicolás Maduro as a foreign terrorist organization, as the Trump administration sent more mixed messages over its crusade against Venezuela’s authoritarian leader.The move to target the already proscribed group, the Cartel de los Soles (Cartel of the Suns), was announced by Marco Rubio on Sunday.Read the full storyUS judge finds evidence of ‘government misconduct’ in federal case against ComeyA US judge on Monday found evidence of “government misconduct” in how a prosecutor aligned with Donald Trump secured criminal charges against former FBI director James Comey and ordered that grand jury materials be turned over to Comey’s defense team.Last week, prosecutors were ordered to produce a trove of materials from the investigation, with the court saying it was concerned that the US justice department’s position on Comey had been to “indict first and investigate later”.Read the full storyTrump has ‘blurred’ line between military and politics, ex-officers warnWith months of escalation between US cities and the Trump administration amid the deployment of national guard troops, former military officials released a report on Monday about the risks of politicizing the country’s armed forces.The report warns that increasing domestic military deployments, such as using national guard troops for immigration enforcement in the US, and removing senior military officers and legal advisers have made the armed forces appear to serve partisan agendas.Read the full storyCharlotte, North Carolina, reels as 81 people arrested in immigration raidsMany communities in Charlotte, North Carolina, were reeling after federal Customs and Border Protection teams descended on the city at the weekend and arrested at least 81 people – while normally-thriving immigrant enclaves and business districts came to a standstill. Federal agents were deployed in what the Department of Homeland Security, the parent agency of Customs and Border Protection and Immigration and Customs Enforcement (ICE), calls Operation Charlotte’s Web, sparking protests.Read the full storyTrump signals he may soon meet with Zohran MamdaniThe president told reporters that New York City’s mayor-elect “would like to meet with us”, adding, “we’ll work something out” despite trading sharp words for each other previously.“He would like to come to Washington and meet, and we’ll work something out,” Trump said late on Sunday, referring to Mamdani, the 34-year-old Democratic socialist and former state assemblymember who won the New York City mayoral election earlier this month. “We want to see everything work out well for New York.”Read the full storyNew international student enrollments in US plunge this year, data showsThe number of international students enrolling in US colleges and universities plunged this year as the Trump administration’s aggressive immigration crackdown on higher education began to bite, data released on Monday reveals.Read the full storySupreme court to review Trump policy of limiting asylum claims at borderThe US supreme court agreed on Monday to hear a defense by the Trump administration of the government’s authority to limit the processing of asylum claims at ports of entry along the US-Mexico border.The court took up the administration’s appeal of a lower court’s determination that the “metering” policy, under which US immigration officials could stop asylum seekers at the border and decline to process their claims, violated federal law.Read the full storyWhat else happened today:

    In the underworld of accelerationist neo-Nazis, where talk of attacks against western governments are commonplace, the spread of illegal weapons manuals and tradecraft on drone warfare are proliferating. Experts say, in some cases, that classes are being taught online with the input of leadership from proscribed terrorist groups with links to Russian intelligence.

    A powerful atmospheric river weather system has mostly moved through California but not before causing at least six deaths and dousing much of the state.

    Eswatini has confirmed for the first time that it had received more than $5m from the United Statesto accept dozens of people expelled under Washington’s aggressive mass deportation drive.

    Lawyers for Lisa Cook, the Federal Reserve governor, called Trump administration allegations of mortgage fraud against her “baseless” on Monday and accused the administration of “cherry-picking” discrepancies to bolster their claims.
    Catching up? Here’s what happened Sunday 16 November.skip past newsletter promotionafter newsletter promotion More

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    How Trump is weaponizing the DoJ to ‘bully, prosecute, punish and silence’ his foes

    Donald Trump’s intense pressure on the US Department of Justice (DoJ) to charge key foes with crimes based on dubious evidence and his ongoing investigations of other political enemies is hurting the rule of law in the US and violating departmental policies, which scholars and ex-prosecutors say may help scuttle some charges.They also voice dismay about charges filed against ex-FBI director James Comey and Letitia James, the New York attorney general, by Lindsey Halligan, the ex-White House lawyer and novice prosecutor, who Trump installed in a key US attorney post after forcing out a veteran prosecutor who deemed the cases weak.Comey, charged with lying to Congress about an FBI leak and obstruction of Congress, and James, charged with bank fraud and false statements to a financial unit, have pleaded not guilty and are garnering hefty support from ex-DoJ officials and legal experts challenging the paltry evidence against them.Over 100 ex-DoJ officials filed an amicus brief on 27 October mirroring part of Comey’s legal defense that his prosecution was a “vindictive” one, and should be dropped given longstanding departmental policies barring such legal tactics. Trump’s animus against Comey stems from the FBI’s inquiry of Russia’s role in helping Trump’s campaign in 2016 when Comey led the FBI.James Pearce, an ex-DoJ lawyer and a senior counsel at the Washington Litigation Group who helped organize the amicus, said: “It explains that the justice department’s policies seek to ensure fair and impartial prosecutions – which the constitution’s due process clause requires. Unfortunately, the public record suggests that the Comey prosecution neither adheres to those policies nor comports with the constitutional obligations underpinning them.”Other amicus briefs supporting Comey were filed in late October by groups including the Protect Democracy Project and Democracy Defenders Fund.View image in fullscreenFurther contesting the Comey and James charges, Democracy Defenders Fund sent a letter to the DoJ inspector general signed by ethics advisors to presidents Bill Clinton, George W Bush and Barack Obama blasting Trump’s move to make Halligan an interim US attorney and file charges against them, and seeking an investigation of the prosecutions.“After Watergate, no precept was more central to the re-professionalization of the justice department than distancing the White House from decision making about individual prosecutions,” said Peter Shane, who teaches constitutional law at New York University“Trump’s conspicuous public involvement in triggering prosecutions against his enemies along with the seemingly paltry ‘evidence’ against Comey and James, in particular, is likely to mean that at least some of these cases will be dismissed before trial. There is also a serious legal question whether Halligan has been legitimately appointed to the USA position in Virginia.”Other legal experts say the justice department has been “weaponized” to further Trump’s revenge drive against Comey, James and other current and former officials who Trump blames for his legal problems including two impeachments and federal charges that he tried to subvert his 2020 election loss.“The overt and explicit ‘weaponization’ of the justice department, in defiance of the professional judgment of career prosecutors that the criminal prosecutions are unwarranted, is the worst type of corruption of the rule of law,” said Philip Lacovara, who was counsel to the Watergate special prosecutor.View image in fullscreen“The department’s principles of federal prosecution explicitly prohibit federal prosecutors from considering partisan and political factors in deciding whether to pursue criminal charges. But Trump has made these considerations a primary motive for bringing down the weight of the federal law enforcement apparatus on the heads of his political enemies.”Lacovara’s points were underscored by how the DoJ has seemed to move in lockstep with Trump’s suggestions that foes he’s publicly attacked on Truth Social and in other public and private ways should be prosecuted or investigated.Notably, Trump implored Pam Bondi, the attorney general, in late September on Truth Social to bring charges against Comey, James and Adam Schiff, a Democratic senator, not long before the DoJ indicted the first two.Just a day after Trump had forced out the Virginia prosecutor who declined to indict key Trump foes, Trump upped the pressure on Bondi“What about Comey, Adam ‘Shifty’ Schiff, Leticia???” Trump wrote. “They’re all guilty as hell, but nothing is going to be done,” stressing that “we can’t delay any longer, it’s killing our reputation and credibility.”In his missive addressed to “Pam”, Trump hyped the stakes for him: “They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!A person familiar with the inquiry of Schiff, and reports suggest that pressures from some DoJ leaders have increased on the US attorney in Maryland who has been exploring charging Schiff with mortgage fraud, but has lacked sufficient evidence to do so. Schiff and his attorney have attacked the investigation as vindictive and politically driven.The weekend before Comey’s indictment, Schiff hit back at Trump’s Truth Social posts targeting him. “There’s no hiding the political retaliation and weaponization. It’s all out in the open.”Trump’s ire at Schiff stems from when Schiff was a member of the House and served as manager during Trump’s first impeachment.Similarly, Trump’s hatred of James, who the DoJ charged soon after Comey, was fueled by a successful civil fraud case that her office brought against Trump’s real estate empire in 2024 that initially had a hefty $500m penalty.The penalty was overturned last month, but Trump and his two eldest sons remain barred for a few years from holding leadership posts with the family real-estate behemoth.Another Trump foe, John Bolton, ex-national security adviser, who has been a vocal Trump critic, was charged last month by Maryland’s US attorney with mishandling classified information. Legal experts note the investigation of Bolton began during the Biden administration and may be stronger than the cases against other Trump enemies.Bolton has pleaded not guilty.View image in fullscreenWithin the DoJ, a key figure in pushing hard for charges against some of Trump’s avowed enemies has been Ed Martin, a combative lawyer with strong Maga credentials including promoting bogus claims of election fraud in 2020 and legal work he did for some of the January 6 rioters.Martin displayed his Maga bona fides the day before the Capitol attack, when he told a rally of fervent Trump backers: “Thank you for standing for our president. But remember, what they’re stealing is not just an election. It’s our future.”Martin was originally tapped by Trump to be US attorney for DC, but after serving in that role on an interim basis, Trump withdrew his nomination for Senate approval after a key Republican senator indicated he wouldn’t support him.Soon after moving to the DoJ in May, Martin was put in charge of a “weaponization working group”, to go after alleged weaponization by DoJ under Democratic presidents.Martin’s radical views about prosecuting or publicly shaming Trump foes were palpable when he told reporters while exiting the US attorney’s post that if people “can’t be charged, we will name them … and in a culture that respects shame, they should be people that are ashamed”.Bondi tapped Martin over the summer to investigate the Schiff allegations, and to that end he met with Bill Pulte, the federal housing finance agency director, who had sent a criminal referral in May for Schiff to the DoJ, according to NBC.Boosting his stature at the DoJ, Martin has also been given the titles special attorney for mortgage fraud, associate deputy attorney general and pardon attorney.Former prosecutors raise strong concerns about Martin’s various DoJ roles including spurring some indictments of Trump’s foes.“His chief value to the administration is to go after people Trump has identified as enemies by any means or tactics he can find, whether legally sound or not,” said Mike Gordon, a senior DoJ prosecutor on January 6 cases and one of about 20 prosecutors ousted by Trump’s DoJ.Other ex-prosecutors see Martin’s modus operandi as dangerous.“Ed Martin’s role as both the pardon attorney and head of the weaponization working group is concerning in light of a long list of public comments he has made,” said Barbara McQuade, a former US attorney for eastern Michigan who now teaches law at the University of Michigan.“His letter writing campaign while he was serving as interim US attorney, demanding answers to questions from Democratic politicians, members of the media, and university leaders also suggests a political agenda that is antithetical to the independence of the justice department.”More broadly, Lacovara calls DoJ’s compliance with Trump’s demands to charge his enemies “a truly Orwellian shift in generations-long justice department tradition: Trump has managed to condemn investigations into his personal conduct by non-political professional prosecutors, while simultaneously and expressly commanding his political appointees in the justice department to prosecute his perceived political enemies.”Democrats in Congress too are irate over Trump’s use of DoJ for revenge against foes.“When Richard Nixon conducted retaliation against his political enemies, he did it in secret and tried to cover his tracks,” said Jamie Raskin, a Democratic representative of Maryland.“But Trump’s campaign of political persecution to bully, prosecute, punish and silence his political foes is taking place in broad daylight and on TV … I have faith, however, that judges and juries at the district level, unlike Bondi and Halligan, will uphold the rule of law.”Looking ahead, Michael Bromwich, ex-DoJ inspector general, said: “The flimsy cases being brought against people who Trump considers his enemies will fail, but the damage to the system of criminal justice and the Department of Justice will endure. That will be the legacy of the people who currently run the DoJ as a subagency of the White House.” More

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    ‘We are on a dangerous path’: Oregon attorney general slams decision allowing Trump to send troops to Portland – live

    The Oregon attorney general, Dan Rayfield, has issued a statement following the ruling from the ninth circuit court of appeals, which lifted the temporary restraining order blocking the deployment of the state’s national guard.He said that if the ruling is allowed to stand, it would give Donald Trump “unilateral power to put Oregon soldiers on our streets with almost no justification”.“We are on a dangerous path in America,” he added.The three-judge panel was split in their decision, with Clinton-appointee Susan Graber dissenting from her colleagues. Rayfield added:
    Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.’ And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer’.
    In a court-ordered disclosure filed on Monday, the US interior department revealed that it plans “to abolish 2,050 positions”, including sweeping cuts to the Bureau of Land Management, and smaller numbers at the Fish and Wildlife Service, US Geological Survey and other agencies. Among the positions slated for elimination are Bureau of Reclamation workers who provide maintenance for the Hoover Dam.The declaration, with a detailed appendix of positions to be cut from Rachel Borra, the interior department’s chief human capital officer, was submitted to comply with an order issued by the US district court for the northern district of California in a lawsuit brought by the American Federation of Government Employees (AFGE) and four other national unions that represent federal workers at risk of losing their jobs.The planned layoffs are paused for now by a temporary restraining order that US District court judge Susan Illston expanded during an emergency hearing on Friday.As our colleague Anna Betts reports, construction crews started demolishing part of the East Wing of the White House to make way for Donald Trump’s planned ballroom on Monday.The Washington Post on obtained and published a photo of the demolition activity, showing construction in progress and parts of the exterior ripped down.A Daily Mail reporter shared video of the demolition on social media.Read the full story here:Hakeem Jeffries, the leader of the House Democratic minority, just called on Republicans to negotiate an end to the government shutdown by citing Marjorie Taylor Greene, the Maga Republican from Georgia.“The Republican health care crisis, as Marjorie Taylor Greene has repeatedly indicated, is real,” Jeffries told reporters. “And it’s having devastating impacts that are becoming increasingly apparent to the American people. In Idaho, 100,000 Americans are at risk of losing their health care if the Affordable Care Act tax credits expire, because it will become unaffordable for them.”He went on to cite examples in other states where some people are “finding out that their health insurance premiums are about to increase by more than $2,000 per month.”A growing share of Americans believe religion is gaining influence and society – and view its expanding role positively, a new report by the PEW research center has found. It comes as the Trump administration has sought to fuse conservative Christian values and governance, especially in the wake of the assassination of Charlie Kirk. In just one year, the share of US adults who believe religion is gaining influence in American society has increased sharply. While still a minority view, 31% say religion is on the rise — up from just 18% a year earlier, in February 2024 – the highest figure recorded in 15 years.Meanwhile, the percentage who say religion is losing influence dropped from 80% to 68%.According to the PEW survey, these changing perceptions of religion suggest a broader shift in a country that was rapidly secularizing. Nearly 6 in 10 Americans (59%) now express a positive view of religion’s influence in public life, either because they see its rising power as a good thing, or view its decline as a bad thing. Only 20% express negative views, while the rest remain neutral or uncertain.Notably, the shift is not confined to one party or demographic. Both Republicans and Democrats, as well as nearly all major religious groups and age brackets, have become more likely to say religion is gaining ground — and more likely to feel their religious beliefs conflict with mainstream American culture. That sense of cultural conflict is now a majority view, with 58% of US adults reporting at least some tension between their beliefs and broader society.Finally, while views on religious truth vary, nearly half of Americans (48%) say many religions may be true — more than double the share (26%) who say only one religion is true.Pew’s findings suggest a significant cultural shift unfolding under an administration that has explicitly championed Christian conservatism as a governing ethos.It is perhaps significant that Susan Graber, the lone dissenting voice on the three-judge federal appeals court panel that just permitted Donald Trump to deploy federal troops to Portland, Oregon, in the only one of the three to be based in Portland.Graber, a former law school classmate of Bill and Hillary Clinton who was nominated to the federal bench by Clinton while serving on the Oregon supreme court, wrote a scathing dissent to the majority ruling, which lifts a lower-court order that had temporarily blocked Trump from sending in troops to what he falsely claims is a “war-ravaged” city.The other two judges on the panel, both nominated by Trump during his first term, are based in Arizona and Idaho.Graber said in an interview in 2012, that “it was kind of love at first sight with Portland” for her when she first moved to the city to work as a law clerk.In her dissent, she urged the full appeals court to reverse the decision by the panel, writing that there was “no legal or factual justification supported the order to federalize and deploy the Oregon National Guard”.She continued: “Given Portland protesters’ well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority’s ruling, which accepts the government’s characterization of Portland as a war zone, as merely absurd. But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions.”The judge added: “The majority’s order abdicates our judicial responsibility, permitting the President to invoke emergency authority in a situation far divorced from an enumerated emergency.”Graber concluded:“We have come to expect a dose of political theater in the political branches, drama designed to rally the base or to rile or intimidate political opponents. We also may expect there a measure of bending – sometimes breaking – the truth. By design of the Founders, the judicial branch stands apart. We rule on facts, not on supposition or conjecture, and certainly not on fabrication or propaganda. I urge my colleagues on this court to act swiftly to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur. Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”The Oregon attorney general, Dan Rayfield, has issued a statement following the ruling from the ninth circuit court of appeals, which lifted the temporary restraining order blocking the deployment of the state’s national guard.He said that if the ruling is allowed to stand, it would give Donald Trump “unilateral power to put Oregon soldiers on our streets with almost no justification”.“We are on a dangerous path in America,” he added.The three-judge panel was split in their decision, with Clinton-appointee Susan Graber dissenting from her colleagues. Rayfield added:
    Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.’ And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer’.

    A three-judge panel on the ninth circuit court of appeals has ruled that the Trump administration can deploy the national guard to Portland, Oregon. They lifted a lower court judge’s decision that blocked the president from federalizing and sending roughly 200 troops to the city to guard federal buildings, as largely small and peaceful protests took place in recent weeks outside an immigration facility in the city.

    Donald Trump welcomed Australian prime minister, Anthony Albanese to the White House, signing a rare earth minerals deal as trade tensions with China escalate. The pair just signed a rare earths agreement which opens up Australia’s vast mineral resources. Albanese added that the deal was an “eight and a half billion dollar pipeline” to supply critical rare earths to the US. Meanwhile, Trump doubled down on his threat of imposing a 157% tariff on Chinese imports if both nations can’t reach a trade deal. This, after Beijing announced they were tightening exports of rare earth minerals. “We have a tremendous power, and that’s the power of tariff, and I think that China will come to the table and make a very fair deal,” the president added.

    Donald Trump said he didn’t think Ukraine would win back land that was captured by Russia during the war. “They could still win it,” Trump remarked during his meeting with Australian Prime Minster Anthony Albanese. “I don’t think they will. They could still win it. I never said they would win it. Anything can happen. You know, war is a very strange thing.” Trump’s seeming skepticism of a Ukrainian victory came several days after a meeting with Volodymyr Zelenskyy, during which he appeared more keen on negotiating a peace agreement than supplying the nation with Tomahawk cruise missiles.

    The president has said that Hamas is “going to behave” or will face severe repercussions. While taking questions from reporters today, Trump said that Hamas are “going to be nice, and if they’re not, we’re going to go and we’re going to eradicate them”. This comes after Israel launched waves of deadly airstrikes on Sunday and cut off all aid into Gaza “until further notice” after a reported attack by Hamas, in escalations that marked the most serious threat so far to the fragile ceasefire in the devastated territory.

    The government shutdown entered its 20th day, with little end in sight. The House remains out of session, as lawmakers on both sides of the aisle blame the other party for the impasse on Capitol Hill. Earlier, White House economic adviser said that shutdown would “likely” end this week after the No Kings protests took place across the country. The Senate will vote, for the 11th time, on a House-passed funding bill to reopen the government at 5:30pm ET.
    A three-judge panel on the ninth circuit court of appeals has ruled that the Trump administration can deploy the national guard to Portland, Oregon.They lifted a lower court judge’s decision that blocked the president from federalizing and sending roughly 200 troops to the city to guard federal buildings, as largely small and peaceful protests took place in recent weeks outside an immigration facility in the city.Per that last post, it’s worth putting that in the context of Greene’s decision to buck the Republican party line in recent months.My colleagues David Smith and George Chidi, have been reporting on the Georgia’s congresswoman’s “streak of independence” on issues ranging from healthcare to Gaza to the Jeffrey Epstein files. They report that Greene has broken ranks with Republicans and won unlikely fans among Democrats, stirring speculation about her motives – and future ambitions.David and George write that the lawmaker, who was once “one of Donald Trump’s most loyal foot soldiers” has stopped short of directly criticising the president himself and has so far avoided incurring his wrath. “But her willingness to dissent is all the more remarkable under a president who notoriously prizes loyalty and punishes critics,” they note.You can read more of their reporting below.Marjorie Taylor Greene, a representative of Georgia, on Monday morning criticized Mike Johnson’s strategy to keep the House shuttered for weeks, calling on the lower chamber to return to session immediately.“The House should be in session working,” Greene wrote on X. “We should be finishing appropriations. Our committees should be working. We should be passing bills that make President Trump’s executive orders permanent. I have no respect for the decision to refuse to work.”The callout from Greene, who is aligned with the right flank of her party, is a noticeable crack in support for Johnson’s hardline approach from the GOP over an extended congressional recess. Since 19 September, when members last cast votes, the chamber has not been conducting legislative business, although members have staged press conferences.According to Politico, House speaker Mike Johnson spoke with the president earlier, and will be at the White House at 4pm as Donald Trump welcomes the Louisiana State University (LSU) baseball champions.Also present will be the athletes from LSU Shreveport, the city where Johnson was born and raised. Part of his congressional district also includes the city.in BogotáColombia has recalled its ambassador to Washington amid a furious war of words between the Colombian president, Gustavo Petro, and Donald Trump over deadly US strikes on boats in the Caribbean.The row took a sharp turn this weekend when Petro accused the US of “murdering” a Colombian fisher in an attack on a vessel in its territorial waters. Petro and his administration said the mid-September strike was a “direct threat to national sovereignty” and that the victim was a “lifelong fisherman” and a “humble human being”.In response, Trump, who has claimed such attacks are designed to stop drug-smuggling to the US, called Petro an “illegal drug dealer” and vowed to end aid payments to Colombia, one of the largest recipients of US counter-narcotics assistance. He also ordered Petro to “close up” drug cultivation sites, saying if not “the United States will close them up for him, and it won’t be done nicely”. Speaking onboard Air Force One, Trump added that he would announce new tariffs on Colombian goods.Colombia’s interior minister, Armando Benedetti, said the remarks were a “threat of invasion or military action against Colombia”. Petro said that Colombia’s five-decade conflict stemmed from “cocaine consumption in the United States” and claimed American contributions had been “meagre and null in recent years”.Texas Republican congressman Chip Roy suggested using the “nuclear option” to end the shutdown that would avoid Senate filibuster requirements which mandate a 60-vote majority to reopen the US government, The Hill reports.“We need to be taking a look at the 60-vote threshold. We really do,” Roy said on Monday.Top Republican senators used this tactic to avoid needing Democrats’ support to confirm a host of Trump nominees in September. South Dakota Republican Senator John Thune, the Senate majority leader, said he would not do this to achieve a continuing resolution that would reopen the government, per the Hill.“At a minimum, why don’t we take a look at it for [continuing resolutions]?” Roy reportedly said. “Why don’t we just say, look, I mean, we have a 50-vote threshold for the budget, we have a 50-vote threshold for reconciliation, why shouldn’t we have a 50-vote threshold to be able to fund the government?”Republicans have supported this 60-vote benchmark when Democrats hold the majority. Thune has said that maintaining the filibuster is among his leading priorities, the Hill reported.“I think Republicans ought to take a long, hard look at the 60-vote threshold, because I think we’re just being beholden to a broken system right now,” Roy also said.Republican House Speaker Mike Johnson has expressed concern about eliminating this threshold.”I would be deeply concerned if the Democrats had a bare majority in the Senate right now, Marxist ideology taking over the Democrat party,” Johnson reportedly said earlier this month. “Do I want them to have no safegaurds and no stumbling blocks or hurdles at all in the way of turning us into a communist country? I don’t think that’s a great idea.”While the US Senate is poised to vote – for the 11th time – on a House-approved bill that would reopen the government this afternoon, Americans could face still more shutdown-related travel delays if funding efforts fail.US Transportation Secretary Sean Duffy said on Monday that travelers might see more disruptions because air traffic controllers are not getting paid during the shutdown.Air traffic controllers are deemed “excepted” staffers, meaning they still work during shutdowns, but receive back pay when the government reopens and funding resumes, CBS News explains.“They got a partial paycheck a week ago Tuesday. Their next paycheck comes a week from Tuesday, and in that paycheck there will be no dollars. They don’t get paid,” Duffy said in a Fox and Friends interview.“I think what you might see is more disruptions in travel as more of them look to say, how do I bridge the gap between the check that’s not coming and putting food on my table?” CBS noted him saying. “And we have heard they are taking Uber jobs. They are doing DoorDash, they are figuring out ways to keep their families afloat … And, again, a lot of them are paycheck to paycheck.”Donald Trump on Monday doubled down on his threat of imposing a 157% tariff on Chinese imports if both nations can’t reach a trade deal.“We have a tremendous power, and that’s the power of tariff, and I think that China will come to the table and make a very fair deal, because if they don’t, they’re going to be paying us 157% in tariffs,” Trump told reporters during his sit-down with Australian Prime Minster Anthony Albanese.Trump, who claimed that “China has treated us with great respect” not afforded to prior administrations, said that if a deal weren’t brokered, “I’m putting on an additional 100%” on 1 November.Trump and China’s president, Xi Jinping, are expected to meet in several weeks to discuss trade.Trump’s reiteration of this tariff threat comes just several days after he admitted that a 157% tax is unfeasible.“It’s not sustainable, but that’s what the number is,” Trump said in an interview with Fox Business’s Maria Bartiromo. “It’s probably not, you know, it could stand. But they forced me to do that.”Donald Trump said he didn’t think Ukraine would win back land that was captured by Russia during the war.“They could still win it,” Trump remarked during his meeting with Australian Prime Minster Anthony Albanese. “I don’t think they will. They could still win it. I never said they would win it. Anything can happen. You know, war is a very strange thing.”Trump’s seeming skepticism of a Ukrainian victory came several days after a meeting with Volodymyr Zelenskyy, during which he appeared more keen on negotiating a peace agreement than supplying the nation with Tomahawk cruise missiles.Trump told Ukraine and Russia to “stop the war immediately”.The comments mark yet another shift in Trump’s position on Ukraine’s chances in the years-long conflict. Trump said in September that he believed Ukraine could regain all territory seized by Russia.During Trump’s presidential campaign in 2024, and early this year, Trump said that Ukraine would have to give up territories seized by Russia to stop the war, The Associated Press notes.The president has said that Hamas is “going to behave” or will face severe repercussions.“They’re going to be nice, and if they’re not, we’re going to go and we’re going to eradicate them,” Trump added.This comes after Israel launched waves of deadly airstrikes on Sunday and cut off all aid into Gaza “until further notice” after a reported attack by Hamas, in escalations that marked the most serious threat so far to the fragile ceasefire in the devastated territory.“Hamas has been very violent, but they don’t have the backing of Iran any more. They don’t have the backing of really anybody any more. They have to be good, and if they’re not good, they’ll be eradicated,” Trump said in the Cabinet Room at the White House. More

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    Comey asks judge to dismiss criminal charges claiming selective prosecution

    Former FBI director James Comey formally asked a federal judge to dismiss criminal charges against him, arguing he was the victim of a selective prosecution and that the US attorney who filed the charges was unlawfully appointed.“The record as it currently exists shows a clear causal link between President Trump’s animus and the prosecution of Mr Comey,” Comey’s lawyers wrote in their request to dismiss the case, calling a 20 September Truth Social post in which he disparaged Comey and called for his prosecution “smoking gun evidence”. “President Trump’s repeated public statements and action leave no doubt as to the government’s genuine animus toward Mr Comey.” Comey’s lawyers attached an exhibit to their filing on Monday, which contains dozens of public statements from Trump criticizing Comey.Comey was indicted on 25 September with one count of making a false statement and one count of obstructing a congressional proceeding. The charges are related to Comey’s 30 September 2020 testimony before Congress, and are connected to Comey’s assertion he had never authorized anyone at the FBI to leak information. The precise details of the offense have not been made public and Comey has pleaded not guilty and forcefully denied any wrongdoing.The charges were filed against Comey, though career prosecutors in the justice department determined charges were not warranted. Trump forced out Erik Siebert, the US attorney for the eastern district of Virginia, in September and installed Lindsey Halligan, a White House aide. The Comey charges were filed days later.“In the ordinary case, a prosecutor’s charging decision is presumptively lawful and rests within her broad discretion. This is no ordinary case,” Comey’s lawyers wrote. “Here, direct evidence establishes that the President harbors genuine animus toward Mr. Comey, including because of Mr. Comey’s protected speech, that he installed his personal attorney as a ‘stalking horse’ to carry out his bidding; and that she then prosecuted Mr. Comey—days before the statute of limitations expired, with a faulty indictment—to effectuate the President’s wishes.”Comey’s Monday filing says that the fact that career prosecutors did not believe there was enough evidence to bring a case bolsters his argument that he was selectively prosecuted. They also argue that the indictment mischaracterizes the question Comey was asked that prompted the answer prosecutors say was a lie and the basis of his criminal false statement.According to the indictment, Comey was asked by a US senator whether he “had not ‘authorized someone else at the FBI to be an anonymous source in news reports’ regarding an FBI investigation concerning PERSON 1”. (Comey’s lawyers wrote in their filing on Monday that Person 1 was Hillary Clinton.)The accusation relates to a question from Senator Ted Cruz of Texas. During the 2020 hearing, Cruz noted that in 2017 congressional testimony, Comey denied “ever authoriz[ing] someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton Administration”. Cruz went on to note that Andrew McCabe, the former deputy director of the FBI, had said Comey authorized him to leak information to the Wall Street Journal.In response, Comey said he stood by his prior testimony. Comey’s lawyers argued on Monday the indictment was defective because Cruz’s question had been focused on McCabe, but the government informed them that the person Comey is alleged to have authorized to leak to the media is Daniel Richman, a friend of Comey’s and professor at Columbia University.“The indictment omits Senator Cruz’s words that explicitly narrow the focus of his questions to Mr. McCabe and misleadingly implies that the questioning related to Mr. Richman. In fact, Mr. Comey’s September 2020 exchange with Senator Cruz made no reference whatsoever to Mr. Richman, who ultimately appears in the indictment,” they wrote. They also note that Cruz asked about the “Clinton administration” and not “Hillary Clinton”.Career prosecutors interviewed Richman as part of their investigation into Comey and found him not helpful to making a case, according to the New York Times. John Durham, a special counsel appointed to investigate the FBI’s inquiry into Russian meddling, also told investigators he did not uncover evidence to support charges against Comey.Comey’s lawyers also argued on Monday that the case should be dismissed because Halligan was not lawfully appointed.“The United States cannot charge, maintain, and prosecute a case through an official who has no entitlement to exercise governmental authority,” they wrote.US attorneys must be confirmed by the Senate and can only serve for 120 days on an interim basis unless their appointment is extended by the judges overseeing their district. Siebert, Halligan’s predecessor, served for the 120-day limit and Halligan does not appear to have met other exceptions that would allow her to continue to serve.“The period does not start anew once the 120-day period expires or if a substitute interim U.S. Attorney is appointed before the 120-day period expires,” Comey’s attorneys wrote.Halligan has also overseen criminal fraud charges against New York’s attorney general, Letitia James, in connection to allegations she lied on mortgage documents. James has said she is not guilty. Legal experts have said that case does not appear to be strong. More