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Josh Gerstein

@joshgerstein

Sr. Legal Affairs Reporter, @POLITICO Priors: ABC White House & China correspondent, CNN, NY Sun πŸ‡ΊπŸ‡ΈπŸ‡¦πŸ‡Ίjosh@joshgerstein.com. Signal: joshgerstein.46

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Latest posts by Josh Gerstein @joshgerstein

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How broken is #FOIA? In 2009, I asked DoD for info on membership of some reorganized NSC committees under Obama. Just got the response yesterday, 16+ years later

06.03.2026 15:47 πŸ‘ 47 πŸ” 18 πŸ’¬ 5 πŸ“Œ 0
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DVDStayMot030526

JUST IN: Trump admin asks 1st Circuit to stay Judge Brian Murphy's order that would sharply limit so-called 3rd country deportations. #SCOTUS twice blocked his earlier similar rulings. Doc: www.documentcloud.org/documents/27... Story from round 2: www.politico.com/news/2025/07...

06.03.2026 04:49 πŸ‘ 48 πŸ” 28 πŸ’¬ 0 πŸ“Œ 3
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Complaint - New Case – #1 in Dorcas International Institute of Rhode Island v. United States Citizenship and Immigration Services (D.R.I., 1:26-cv-00132) – CourtListener.com COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2250908 ), filed by Venezuelan Association of Massachusetts, Service Employees International Union, Partnership for the Advancement of New Am...

JUST IN: Various immigrant rights groups plus @SEIU file broad lawsuit in RI fed court against various Trump admin holds on asylum, naturalization and other benefits at USCIS. Doc: storage.courtlistener.com/recap/gov.us...

06.03.2026 02:25 πŸ‘ 88 πŸ” 42 πŸ’¬ 1 πŸ“Œ 3
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ChiHeadlineCA7Opn030526

JUST IN: 7th Cir. panel splits, 2-1, on resolving moot Chicago ICE protest case. Brennan/Scudder (Trump) wipe out dist ct's 'constitutionally suspect' injunction. Easterbrook (Reagan) would just dismiss appeal, sees majority violating party presentation www.documentcloud.org/documents/27...

05.03.2026 23:03 πŸ‘ 27 πŸ” 15 πŸ’¬ 1 πŸ“Œ 0
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#78 in V.O.S. Selections, Inc. v. United States (Ct. Intl. Trade, 1:25-cv-00066) – CourtListener.com Motion to Expedite Status Conference. Responses due by 3/26/2026. Filed by Neal Kumar Katyal of Milbank LLP on behalf of Terry Precision Cycling LLC, FishUSA Inc., MicroKits, LLC, Plastic Services and...

JUST IN: VOS plaintiffs in Trump tariffs case, repped by Neal Katyal, grumpy about being leapfrogged by Atmus. Now seeking a conference before Eaton or some other judge ASAP to get in on devising refund process. Doc: storage.courtlistener.com/recap/gov.us...

05.03.2026 21:38 πŸ‘ 36 πŸ” 14 πŸ’¬ 3 πŸ“Œ 2
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Order on Motion for Recusal – #75 in United States v. MAINE DEPARTMENT OF EDUCATION (D. Me., 1:25-cv-00173) – CourtListener.com ORDER ON MOTION TO RECUSE denying 69 Motion for Recusal By JUDGE STACEY D. NEUMANN and MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 03/05/2026)

JUST IN: Fed judges presiding over trans sports fight between Trump admin and Maine won't recuse due to connection to a family member of a court staffer. Consulted the Judicial Conference conduct committee and got a letter saying it wasn't required. Doc: storage.courtlistener.com/recap/gov.us...

05.03.2026 21:31 πŸ‘ 34 πŸ” 16 πŸ’¬ 0 πŸ“Œ 1
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ICE taking steps to close detention center at Fort Bliss, document shows Preparations to shutter Camp East Montana in El Paso come less than eight months after facility’s opening, according to an internal ICE document.

Camp East Montana was supposed to be the Trump administration's model for a new breed of large-scale, makeshift immigrant detention centers. Eight tumultuous months, 60 violations and three deaths later, ICE is preparing to close it. New from me: t.co/jOIIRAMJCo

04.03.2026 22:57 πŸ‘ 856 πŸ” 332 πŸ’¬ 28 πŸ“Œ 16

JUST IN: AG Pam Bondi purports to 'ratify' Kash Patel's firing, 5 months ago, of FBI agents who kneeled at 2020 #BLM protest. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/12...

05.03.2026 01:04 πŸ‘ 70 πŸ” 32 πŸ’¬ 3 πŸ“Œ 0
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Trump’s media lawsuits still kicking

NEW: Feds say they'll appeal magistrate judge's decision to take over the process of reviewing data FBI seized from Washington Post reporter Hannah Natanson. That judge is also proposing next steps he said both sides could find 'uncomfortable.' www.politico.com/newsletters/...

04.03.2026 22:52 πŸ‘ 53 πŸ” 19 πŸ’¬ 0 πŸ“Œ 0
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AtmusDOJAnswers030426

JUST IN: CBP official says importers who paid IEEPA tariffs are entitled to refunds with interest, but 'review period' needed 'to ensure no violation of other Customs laws and no other duties, taxes, or fees are owed.' www.documentcloud.org/documents/27... Earlier: www.politico.com/news/2026/03...

04.03.2026 17:44 πŸ‘ 123 πŸ” 65 πŸ’¬ 9 πŸ“Œ 5

β€œShe also suggested the anti-masking law would be constitutional if it were broadened to cover state law enforcement as well.”

Looks like it will be resubmitted with those guidelines in mind.

03.03.2026 21:01 πŸ‘ 20 πŸ” 14 πŸ’¬ 6 πŸ“Œ 1

I feel like we typically see these sorts of completely outraged opinions from federal judges a couple times a year across the whole country, maybe a little more often in last few years. Now, in cases stemming from Trump's immigration crackdown, judges are ringing the alarm bell several times a week.

03.03.2026 21:00 πŸ‘ 1826 πŸ” 531 πŸ’¬ 24 πŸ“Œ 5
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Even NPR slinging (imputed) obscenities now

03.03.2026 19:00 πŸ‘ 128 πŸ” 24 πŸ’¬ 16 πŸ“Œ 3
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Judge blocks enforcement of California’s law banning masks for ICE agents But the judge also turned down the federal government’s request to block another California law aimed at abuses in immigration enforcement.

JUST IN: 9th Cir. panel seems likely to keep block on CA state law requiring ICE/other police to display ID during most ops. All 3 judges, Nguyen (Obama), Bennett & Collins (Trump), appeared to view law as unconstitutional intrusion on fed govt. Earlier: www.politico.com/news/2026/02...

03.03.2026 18:50 πŸ‘ 60 πŸ” 30 πŸ’¬ 4 πŸ“Œ 4
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PerkinsWDMot030326

JUST IN: Trump admin reverses course again in litigation of Trump executive orders targeting major law firms. 1 day after moving to drop appeals aimed at reviving the orders, DOJ asks to keep going with the appeals. Doc: www.documentcloud.org/documents/27... Earlier: www.politico.com/news/2026/03...

03.03.2026 17:33 πŸ‘ 51 πŸ” 31 πŸ’¬ 6 πŸ“Œ 6
Screenshot of excerpt from opinion that reads:

"Despite this, the New York courts refused to stay the trial court’s order. After that highly questionable injunction was issued, the applicants filed appeals in both the Appellate Division (the State’s intermediate appellate court) and the Court of Appeals (its highest court) challenging the trial court’s order on federal constitutional grounds. At the same time, applicants asked both courts to stay the trial court’s order. The Appellate Division refused to issue a stay, and by order issued on February 11, the Court of Appeals sent the appeal filed in that court to the Appellate Division and dismissed applicants’ motions for a stay."

Screenshot of excerpt from opinion that reads: "Despite this, the New York courts refused to stay the trial court’s order. After that highly questionable injunction was issued, the applicants filed appeals in both the Appellate Division (the State’s intermediate appellate court) and the Court of Appeals (its highest court) challenging the trial court’s order on federal constitutional grounds. At the same time, applicants asked both courts to stay the trial court’s order. The Appellate Division refused to issue a stay, and by order issued on February 11, the Court of Appeals sent the appeal filed in that court to the Appellate Division and dismissed applicants’ motions for a stay."

With nowhere else to turn, the applicants asked us to issue a stay, and we have jurisdiction to entertain their application. Title 28 U. S. C. Β§1257(a) gives us jurisdiction to review β€œ[f]inal judgments or decrees” that are rendered by a State’s highest court and adjudicate federal constitutional claims, and the Court of Appeals’ February 11 order falls
within that category.

With nowhere else to turn, the applicants asked us to issue a stay, and we have jurisdiction to entertain their application. Title 28 U. S. C. Β§1257(a) gives us jurisdiction to review β€œ[f]inal judgments or decrees” that are rendered by a State’s highest court and adjudicate federal constitutional claims, and the Court of Appeals’ February 11 order falls within that category.

1/9: In the New York redistricting case, Justice Alito's justification for why #SCOTUS even had *jurisdiction* to issue a stay is based upon a remarkably misleading portrayal of the state court proceedings.

I realize this is technical, but I wanted to write a short thread to explain the shadiness:

03.03.2026 13:59 πŸ‘ 1495 πŸ” 525 πŸ’¬ 39 πŸ“Œ 75
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Non-politician Trump mimics politicians' classic tell when their prior statements have led to confusion www.politico.com/story/2009/0...

03.03.2026 15:12 πŸ‘ 18 πŸ” 5 πŸ’¬ 2 πŸ“Œ 0
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Matt Walsh is having an absolute public meltdown today.

03.03.2026 00:20 πŸ‘ 2904 πŸ” 438 πŸ’¬ 174 πŸ“Œ 208
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Said-to-be-departing DOJ official downplays threats to judges, suggests "60 Minutes" missed the real story.

02.03.2026 13:19 πŸ‘ 41 πŸ” 6 πŸ’¬ 4 πŸ“Œ 0

War! War! It’s the Department of War! Don’t be so afraid to say war, you beta cucks!

Is this a war?

No.

02.03.2026 02:05 πŸ‘ 690 πŸ” 153 πŸ’¬ 25 πŸ“Œ 6
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Supreme Court considers case involving FBI operative ready to burn everyone A former undercover asset is pointing fingers at his law enforcement handlers and the ACLU lawyers he later teamed up with.

NEW: An FBI operative gone rogue fueled an epic ACLU lawsuit over post-9/11, federal government snooping at southern California mosques. Now, that operative has gone rogue again, roiling the case's second trip to #SCOTUS www.politico.com/news/2026/03...

01.03.2026 18:35 πŸ‘ 41 πŸ” 22 πŸ’¬ 1 πŸ“Œ 0
Plaintiffs continue their outreach and report here on β€œthe number of Plaintiffs who wish to travel independently to a U.S. port of entry or who wish to be flown from a third country to the United States for their court proceedings, understanding that in both scenarios they will be detained upon arrival.” ECF No. 247 at 7.
There are nineteen (19) such Plaintiffs as of the date of this filing. Further details are submitted separately under seal, as ordered by the Court.

Plaintiffs continue their outreach and report here on β€œthe number of Plaintiffs who wish to travel independently to a U.S. port of entry or who wish to be flown from a third country to the United States for their court proceedings, understanding that in both scenarios they will be detained upon arrival.” ECF No. 247 at 7. There are nineteen (19) such Plaintiffs as of the date of this filing. Further details are submitted separately under seal, as ordered by the Court.

Incredible.
19 of the 137 Venezuelans whom Trump sent to CECOT under the Alien Enemies Act, & who were swapped back to VZ & then escaped to 3d countries, seek to come back to the US to contest their Tren de Aragua designationβ€”knowing they'll be detained (& God knows what else) by the Trump Admin.

28.02.2026 14:06 πŸ‘ 887 πŸ” 254 πŸ’¬ 9 πŸ“Œ 23

This is why SNL should always be hosted by people who only got famous like 20 minutes ago. They know how to WORK and they COMMIT to the BIT.

01.03.2026 05:58 πŸ‘ 282 πŸ” 14 πŸ’¬ 5 πŸ“Œ 1
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VOSDOJFlg022726.PDF

JUST IN: Trump admin says tariff refund process will proceed but may take long time, opposes speeding up court process. DOJ doesn't say it plans to seek #SCOTUS rehearing, but suggests Congress may act although Trump said flatly last week he would not. Doc: www.documentcloud.org/documents/27...

28.02.2026 02:10 πŸ‘ 73 πŸ” 49 πŸ’¬ 4 πŸ“Œ 3
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Judges question Pam Bondi’s social media posts on Minnesota arrests The attorney general’s posts included names and photographs of the defendants.

NEW: Judges in MN challenge Bondi over her X posts featuring names and photos of people arrested for allegedly interfering with immigration enforcement. One judge says Bondi "violated a court order" on sealing & undercut DOJ bid to protect agent identities www.politico.com/news/2026/02...

28.02.2026 00:32 πŸ‘ 634 πŸ” 282 πŸ’¬ 39 πŸ“Œ 14

we already know who was arrested bsky.app/profile/tayl...

27.02.2026 16:27 πŸ‘ 26 πŸ” 13 πŸ’¬ 0 πŸ“Œ 0

Hasn't been argued yet

27.02.2026 18:13 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

JUST IN: #SCOTUS announces it is likely to release opinion(s) next Wednesday, March 4

27.02.2026 16:34 πŸ‘ 32 πŸ” 12 πŸ’¬ 3 πŸ“Œ 1
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LevyArmstrongUnseal022726

DEVELOPING: Superseding indictment returned in Don Lemon Minnesota church protest case. Local press says more defendants added and arrested. Awaiting more details. Doc: www.documentcloud.org/documents/27... Report: www.kare11.com/article/news...

27.02.2026 16:16 πŸ‘ 342 πŸ” 147 πŸ’¬ 17 πŸ“Œ 10
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Judge again refuses to block Trump’s White House ballroom project Trump claimed victory, but the court invited further litigation.

NEW: Judge turns down bid to halt Trump's White House ballroom project. President falsely claims lawsuit 'thrown out,' but Judge Richard Leon (GWBush) gave preservationists a roadmap to renew litigation www.politico.com/news/2026/02...

26.02.2026 18:59 πŸ‘ 76 πŸ” 25 πŸ’¬ 3 πŸ“Œ 3