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Trump DOJ Sues California

I’ve had my hair on fire the last three days on the Trump administration’s unprecedented new interference in the midterm elections because it represents a high water mark in its effort to intrude in state-run elections.

Sequestering and not counting already-cast ballots — on the dubious grounds that the Trump administration has identified alleged noncitizens who received mail-in ballots — is a dramatic escalation of its month-long attack on state-run federal elections. (It also fits perfectly into the thematics of a GOP campaign largely being run on racist and xenophobic themes in the absence of any affirmative arguments for more of the same.)

But we haven’t really talked about the administration’s end game here, which has now become a little more clear.

At this stage, the administration doesn’t appear to be advancing a strategy to tilt the outcomes in particular elections by disqualifying a significant number of ballots or by suppressing the overall vote. Even if that was its goal, the numbers involved at this point just aren’t big enough.

We learned yesterday in the lawsuit that the Trump DOJ filed against California that its list of “likely noncitizen voters” contained in the vicinity of 20,000 names. I had assumed that the DOJ list was specific to Los Angeles County since acting Deputy Attorney General Trent McCotter sent his list on an encrypted thumb drive (along with a sticky note containing the password). But the lawsuit says the 20,000 names is a statewide list — “with many addresses listed in Los Angeles County.” (That’s down a wee bit from the 190,000 noncitizen voters that the Trump administration previously claimed California had.)

Even if you account for the atmospherics of the DOJ suing to weed out alleged noncitizen voters having some dampening effect on minority voter turnout, the number of alleged noncitizen voters aren’t anywhere near big enough to have either a significant or predictably pro-GOP effect on election outcomes in California.

So what does that leave as plausible goals for the administration?

Goal #1: Get a federal court somewhere to rule that the law provides a role for the federal government in making sure noncitizens don’t vote

Given what the law says, including the Constitution, legal experts insist it’s a long-shot bid. But it’s a gambit with a high upside and not much political downside. You don’t make shots you don’t take, etc.

That being said, I’m struggling with why the Trump DOJ would pick California as the venue for this gambit versus a reliably red state in a federal circuit that is more obviously MAGA-tilted than the 9th Circuit Court of Appeals, which covers California.

(For what it’s worth, the Trump DOJ is trying to get the California case in front of the Trump-appointed judge who presided over Hunter Biden’s tax fraud conviction, arguing that this case is related to an election case he’s already hearing. But there’s nothing about U.S. District Judge Mark C. Scarsi that marks him as a radical MAGA-coded judge. Already fighting back, California wants the case assigned to a Clinton-appointed judge who is already hearing a election case that it claims is more related than Scarsi’s is.)

Ultimately prevailing in the California lawsuit — or in yet-to-be-filed cases in other states — would open the door wide to the Trump administration being able to intervene in the election in much more robust ways under the guise of policing the virtually nonexistent problem of noncitizen voting.

But with less than three weeks until voting ends, it might make more sense to view this as a long-term bid with bigger potential impacts coming after the 2026 election — except in one regard, which brings us to the next goal.

Goal #1A: Create election chaos

In the short term, with Republicans almost certain to lose the House and the Senate increasingly at risk, sowing chaos has mostly upside for the GOP. In that sense, the California lawsuit is less a legal strategy than a political one.

Noncitizen voting is the Big Lie of 2026, so think of this as a prelude to a post-election refusal to accept the results, fights over close individual races, and desperate attempts to salvage a majority in either chamber. Conflicting court rulings, emergency appeals, and a last-ditch bid to get the Supreme Court to decide the election somehow all gin up a crisis atmosphere that’s then used to justify extraordinary interventions of one form or another.

The point isn’t to fear-monger here, but just to note that chaos favors the sure loser desperate to do anything to avoid their fate.

Goal #2: Delegitimizing a Democratic win

Regardless of the outcome of the California lawsuit, the Big Lie of noncitizen voting will inevitably be sustained past the election into the new Congress — as a GOP hand-wave to minimize its own losses, dismiss the Democratic mandate, resist a post-election narrative of MAGA’s demise — and soothe the wounded ego of a certain former reality TV star.

The lawsuit in California helps to fortify that rhetorical argument, even if the Trump DOJ ultimately loses. Time and again, MAGA has seized on setbacks and losses as proof of is own victimhood.

One caveat to all of the above: California may not be the only place that the Trump DOJ decides to do battle on noncitizen voting while voting is underway. It laid the same groundwork in some two dozen states as it did in California by requesting voter information over the past several months in its pursuit of the mythic noncitizen voter, ultimately losing repeatedly in court. If you see evidence of this happening in other states, please let me know. My contact info is linked at the bottom of this post.

Quote of the Day

Michelle Goldberg in the New York Times:

And now the Trump administration is attempting to strip Democratic congresswoman Ilhan Omar, who was born in Somalia, of her citizenship so as to deport her. This is more than just another persecution of one of Trump’s political enemies. Rather, his government is tacitly declaring the citizenship of all foreign-born people provisional, their Americanness something that can be revoked. It’s a frontal attack on the idea of constitutional equality.

Uneven Playing Field Alert

Your occasional reminder that U.S. elections are, by law, tilted in favor of monied interests to a greater extent than at any point since at least the Gilded Age:

• NYT: Avalanche of G.O.P. Cash Keeps the Party Competitive Despite Its Problems
• Politico: Megadonors are powering Republicans’ spending advantage
• NYT: Most of Ken Paxton’s Money Can Be Traced to One Man: Elon Musk

See You Back Here Monday

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A Quick Heads Up

For transparency reasons, I like peeling back the curtain on any changes we make to Morning Memo — but doing so always runs the risk of creating some confusion. So let me be really clear upfront: The change I’m about to mention doesn’t require you to do anything differently on your end.

Beginning next week, we’re going to be using a new email provider to send out Morning Memo each day. If you already receive Morning Memo by email, it will still come to you the same as usual, but it will come directly from TPM instead of from Substack. It might look a tad different in your inbox — and the email itself will look more like TPM — so I wanted you to be aware in advance.

You’ll still be able to read Morning Memo in the email version or on Substack or at TPM. Your choice.

We’re making this change because in this deeply fractured media world, we’re trying to build out the TPM ecosystem and not be overly reliant on outside platforms. Better to live and die on our own merits than be subject to the vagaries of third parties.

OK, let’s get to today’s news.

A Hugely Important Distinction

As I feared, the developing story on the Trump DOJ targeting actual ballots in Los Angeles County is creating some confusion.

I tried in yesterday’s Morning Memo to make clear that this was different in kind and degree from the Trump administration’s previous efforts to purge voter rolls in advance of the election. But the reactions I’ve seen since, both to what I wrote and in the larger coverage, suggest that’s still not coming across entirely clearly.

Ironically, the Trump DOJ turns out to be helpful in this regard because it’s now admitted to NBC News that this is in fact different from a purge of voter rolls: “A DOJ spokesperson said the department is asking California to sequester ballots, not change their voter list.”

Now, the Trump DOJ has its own reasons for making that distinction, among them trying to get around the federal statute that bars the mass purging of voter rolls in the 90 days before the election. But in this instance what the Trump DOJ is saying also happens to be true — and the truth is even more damning. Its election interference is no longer hypothetical; it’s happening now while real ballots are being cast.

Once you make the category distinction between voter rolls and actual ballots already cast or soon to be cast, the seriousness of the threat from the federal government becomes a lot more obvious. The Trump DOJ is demanding that a specific batch of ballots be sequestered and not counted until citizenship is confirmed — an additional step in the tabulation process not provided for by law and which experts say would lead to a rushed and sloppy process that likely to disenfranchise legal voters.

The threat is serious even if the Trump DOJ is unable to cite any lawful authority for its demand to California and even if there is no legal basis for it to order states to sequester ballots of people the Trump DOJ claims to have identified as “likely noncitizen voters.”

With that framework in mind, let’s run through the latest developments and the big questions still outstanding …

The Latest From California …

• READ: The Oct. 13 demand letter that acting Deputy Attorney General Trent McCotter (the No. 2 official at DOJ!) sent to California Secretary ‌of State Shirley Weber.
• READ: McCotter sent a virtually identical letter to Dean Logan, the top election official in Los Angeles County.
• A “Sticky Note”!?! In a statement, Secretary ‌of State Weber revealed that the “password-protected thumb drive” containing the Trump DOJ’s list of “likely noncitizen voters” that McCotter references in his letters was accompanied by … wait for it … a sticky note with the password on it. Top notch information security going on there at the Trump DOJ.
• Say More About “Election Integrity”: Popping an unsecured thumb drive (see sticky note above) into a USB port in your election office is just not something election administrators not named Tina Peters would dream of doing. “We have not accessed the drive because doing so would conflict with established data privacy and information security protocols,” Logan, the Los Angeles County election official, said in a statement. “We do not consider the device a secure medium.” This is not the first time that the “election integrity” crowd has revealed how little regard it has for actual secure processes and procedures.

JUST IN: Trump DOJ List Challenged in Court

This morning, the UCLA Voting Rights Project, on behalf of the Coalition for Humane Immigrant Rights and a Los Angeles resident, sought a temporary restraining order to preempt the Trump DOJ’s actions in California.

The requested TRO, filed in an existing case in D.C. against Attorney General Todd Blanche and DHS Secretary Markwayne Mullin, seeks to block the Trump DOJ from coercing California officials into using its purported list of “likely noncitizen voters” to withhold ballots from voters or to segregate and not count ballots already cast.

U.S. District Judge Sparkle L. Sooknanan did not immediately scheduled a hearing on the TRO but set a deadline of 5 p.m. ET Friday for the parties to file a proposed briefing schedule.

What We Still Don’t Know

The big outstanding questions include:

• How many people are on the Trump DOJ list? Since McCotter doesn’t say in his letters and California officials haven’t even opened the file, we don’t know how long the Trump DOJ’s list of “likely noncitizen voters” actually is. A DOJ spokesperson allowed to the LA Times that the number is “in the thousands.” That’s a pretty big range.
• Did all or just some California counties receive a similar letter from the Trump DOJ? Similar letters were mailed out to other California counties, CBS News reports, but it’s not clear if it went to all or just some of them.
• Has the Trump DOJ targeted other states with similar demand letters? While the thrust of the Trump DOJ’s election-chaos has been aimed at blue states, there are tight House races in red states, too, where chaos might serve to delegitimize election results unfavorable to the GOP. Also worth noting that red state officials might be cooperative and not as quick to go public as California officials were.

If you know of similar efforts by the Trump DOJ in other states, please get in touch with me via the encrypted methods here.

‘Amateur Hour at the Department of Justice’

UCLA election law expert Rick Hasen, in a not-so-succinct headline: “DOJ’s Threat Letter to California Voting Officials with a 48-Hour Deadline is Amateurish Political Theater Aimed at Sowing Chaos, Not to Mention a Demand That Likely Violates Federal Law and Election Security Practices”

The Retribution: Ilhan Omar Edition

The one-two punch of retributive investigations of Rep. Ilhan Omar (D-MN) by both the Department of Homeland Security and Department of Justice is looking worse the more that comes out:

• Denaturalization Is Trump’s Goal: The WSJ confirms that the investigation of Omar is “aimed at building a case to strip her of her U.S. citizenship and ultimately deport her.”
• Flashback: D.C. U.S. Attorney Jeanine Pirro, who touted her office’s role in the DOJ investigation of Omar during a Fox News appearance this week, was suspended by the same network in 2019, when she hosted a show there, for on-air comments about Omar: “Omar wears a hijab, which, according to the Quran 33:59, tells women to cover so they won’t get molested.” Pirro said at the time. “Is her adherence to this Islamic doctrine indicative of her adherence to Sharia law, which in itself is antithetical to the United States Constitution?”
• Speech or Debate Clause: U.S. Magistrate Judge Matthew Sharbaugh of D.C. did in fact limit the scope of the search warrant for Omar’s D.C. home after a protracted back and forth, CNN reports. In doing so, Sharbaugh reportedly cited precedent that preserves the protections for member of Congress contained in the Constitution’s Speech or Debate Clause. Nonetheless, Omar’s phone was among the items seized during the search of her home, NBC News reports.

Trump: Execute the Leakers

Trump: "In my opinion, leakers should be shot. In the old days we used to shoot leakers."

— The Bulwark (@thebulwark.com) 2026-10-14T21:35:22.772Z

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What Election Officials Have Long Feared

In a major escalation of its multi-prong attempts to interfere in the midterm elections, the Trump DOJ has given California 48 hours to take steps to prevent an unknown number of alleged noncitizen voters in Los Angeles County from voting — or face legal action, Reuters exclusively reports.

This new Trump DOJ initiative is different from its earlier, largely unsuccessful efforts to obtain voter information from various states. Instead, it is now demanding that Los Angeles County take affirmative steps to prevent the counting of ballots cast by people on a list provided by DOJ who it alleges are “likely noncitizen voters” who received mail-in ballots.

The Trump DOJ’s demands came in the form of a threat letter Tuesday to California Secretary ‌of State Shirley Weber from acting Deputy Deputy Attorney General Trent McCotter — an extraordinary intervention by the department’s No. 2 official.

The existence of the letter was confirmed by the Justice Department. It’s not clear how DOJ came up with its list, which was provided to Los Angeles County on a “password-protected thumb drive.” Past attempts by the Trump administration to identify noncitizens who are allegedly registered to vote have been deeply flawed and wildly inaccurate.

In the letter, McCotter sets an arbitrary 48-hour deadline for California to review the DOJ list, but the more alarming development is what other steps McCotter demands that California take, according to Reuters:

• refuse to send ballots to people who appear on the DOJ list until their citizenship status has been confirmed;
• segregate the mail-in ballots already returned by people who appear on the DOJ list;
• don’t count the mail-in ballots of those on the DOJ list until their citizenship status has been confirmed.

These are the most aggressive steps the Trump administration has taken in its jihad against mythical noncitizen voting, which it greatly exaggerates as a pretext for the federal takeover of elections, the delegitimization of free and fair elections, and the disregard of election results that it disfavors.

“Allowing noncitizens to vote cancels citizen votes,” McCotter wrote in the letter, echoing one element of the Trump administration’s long-running disinformation campaign. McCotter threatened to seek emergency relief in court if California does not comply with his demands.

The latest move — challenging entire batches of ballots and threatening to go to court unless Los Angeles County undertakes specific steps in its handling of the election — comes as the election in California is already underway. Mail-in ballots were sent out to every voter in the state beginning on Oct. 5, the same day that ballot drop-off centers opened statewide.

This is the kind of Trump administration interference that election officials nationwide have been dreading and planning for this entire election cycle. The executive branch has no constitutional role in the conduct of federal elections, which is delegated to the states.

It’s not yet clear if the Trump DOJ sent similar demand letters to election officials in other states.

Essayli Likely to be Booted As LA USA

In another blow to President Trump’s U.S. attorneys scheme in blue states, a federal judge appears poised to disqualify Bill Essayli as the top federal prosecutor in Los Angeles, Bloomberg reports.

Essayli was already disqualified by the court from serving as acting U.S. attorney, but the Trump DOJ tried to sidestep that ruling by making Essayli the first assistant U.S. attorney — with all the powers to run the office.

But the Ninth Circuit Court of Appeals, in a similar case in Nevada, ruled that first assistants assume the power of the U.S. attorney only if they were already installed when the office was vacated.

Not Just DHS — DOJ Targets Rep. Omar, Too

D.C. U.S. Attorney Jeanine Pirro is stumbling all over herself to get in on the targeting of Rep. Ilhan Omar (D-MN) by the Trump administration.

The day after DHS’ Homeland Security Investigations executed a search warrant on Omar’s D.C. home in a what appears to be a bogus investigation into how her late father obtained naturalized U.S. citizenship, Pirro went on Fox News to declare that Omar is under separate DOJ investigation over her financial disclosure forms.

The public announcement of a criminal investigation by Pirro would be highly irregular at any time, but especially coming just three weeks before the election, further cementing the politicized nature of the Trump administration’s targeting of Omar … as if there was any doubt.

In the immigration investigation, family members of Omar have been issued grand jury subpoenas, the NYT reports.

DOJ Stiffed Minnesota Over ICE Shootings

You can be forgiven for thinking that the Trump DOJ had relented after six months and began sharing evidence with Minnesota in the three ICE shootings during Operation Metro Surge. Hennepin County prosecutor Mary Moriarty held a press conference in July announcing the evidence-sharing agreement that had been reached with DOJ.

But in new court filings yesterday, Minnesota officials, including Moriarty, revealed that the Trump DOJ ceased cooperating again after her press conference. And the impression they leave is that the agreement, which was struck with the U.S. Attorney’s Office in Minneapolis and led to an initial round of evidence sharing, was quickly scotched by Main Justice after news of it broke.

In her declaration, Moriarty says that she spoke with U.S. Attorney Daniel Rosen on Sept. 10, “who told me, in sum and substance, that evidence sharing from the USAO as agreed to in the June 26 letter would be on pause indefinitely ‘in light of challenges with D.C.’”

The new revelations come in a federal lawsuit that Minnesota filed in D.C. seeking to obtain evidence gathered by DHS and DOJ in the shootings of Renee Good, Alex Pretti, and Julio Cesar Sosa-Celis. Minnesota has already charged ICE agent Christian Castro in the Sosa-Celis shooting.

Texas Considers Charges Against ICE Agent

In Houston, the district attorney is considering charging an ICE agent who allegedly ran his vehicle over a Mexican national Saturday with aggravated assault with a deadly weapon. ICE’s claim that the man ran in front of the ICE agent’s vehicle is undermined by security camera footage showing the car veering toward the fleeing man. One of his legs was broken, not both, as previously reported.

Thread of the Day

WOW. Kristi Noem and Elon Musk, among others, "chose to turn the power of the federal government against a singular employee with an impeccable record of public service. … The attacks against Ms. Comans were based entirely on false information" and many officials "knew [they] were untrue."

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2026-10-13T18:24:07.535Z

Pete Hegseth Watch

• After firing the publisher and editor of Stars and Stripes, the Pentagon has installed one of its own public affairs officials to run the once-independent military newspaper — and he will keep his Pentagon job while doing it, Military.com reports.
• In “The Dawn Of The Self-Funding Pentagon,” Spencer Ackerman warns of the dangers of the “deal” that the Trump administration has stuck to give the Pentagon an equity position in Venezuela’s oil fields outside of the congressional appropriations process: “This is a step in the direction of the U.S. military holding a revenue-generating stake in sectors of another country’s civilian economy.”

AI Did Me In: The Kim Guilfoyle Story

All the credit to the WSJ for the devastating series of stories that led to the forced resignation of Kimberly Guilfoyle as U.S. ambassador to Greece. In surveying the aftermath of its work, the newspaper had a few more gems to drop about Guilfoyle’s final days:

Bad self portraits (the lyrics from the Lake Street Dive song are unbelievably on point): Guilfoyle decorated the official ambassadorial residence with large self-portraits.

AI did it: After the second major WSJ story, which relied on text messages showing her soliciting a major GOP donor to pay off her $100,000 Amex bill, Guilfoyle told White House officials that the text messages were AI-generated. “The officials didn’t believe her claims,” according to the WSJ.

Did she find out at the same time we did? This account raises the possibility that Guilfoyle found out that she was being asked to resign when it was announced by the White House, although that is not the only plausible interpretation:

During a Tuesday-morning prep session for his new press secretary Katie Zacharia’s first briefing at the White House, the president instructed Zacharia to tell the world that he was asking Guilfoyle to resign, people familiar with the matter said. Trump didn’t speak directly to Guilfoyle before making the decision, one of the people said.

News? Tips? Feedback? Please let me know. For sensitive information, use the encrypted methods here.

The Retribution: Ilhan Omar Edition

It’s easy to get tripped up by the sheer volume of Trump II depredations — the corruption, the retribution, the destruction, and the absurdity of it all. Add in the proximity of the midterm elections, and there’s a risk of falling into the pedantry of category distinctions.

What’s an election interference gambit versus an appeal to racism? What’s a fit of retribution versus an attack on the constitutional order? What’s an abuse of power versus conspiracizing? One easy framing adjustment is simply to use “and” or “all of the above.”

The unparalleled early holiday morning search by federal agents of the D.C. home of Rep. Ilhan Omar (D-MN) three weeks before the election perfectly captures the importance of allowing for an “all of the above” category. Otherwise, you can’t truly make sense of it all.

An Attack on Elections

An overt investigatory step against a sitting member of Congress up for election in three weeks is an astonishingly brazen abuse of power. The DOJ norm to refrain from such actions within 60 days of an election doesn’t quite do justice to how out of the ordinary this search was.

The DOJ norm was put in place before the widespread use of mail-in ballots stretched out Election Day from a single date to a rolling two-month election, which would caution restraint even farther out. And in fact even in the old days, notable developments in investigations, in my experience, tended to slow by the summer, after the primaries had locked in the candidates for the general election.

This is precisely the kind of pre-election ugliness we talked about Friday.

An Attack on Naturalized Citizens

The purported basis for the investigation of Omar is immigration fraud — based on a persistent but baseless far-right conspiracy that decades ago, when she was 12, her now-deceased father schemed his way into the country illegally.

The search warrant, as described to the New York Times, lists “potential immigration crimes under investigation, including false statements and fraud in immigration paperwork, as well as a general conspiracy charge.”

The underlying theory of the case, such as it is, is that Omar should be denaturalized. It makes the citizenship of all naturalized citizens contingent and dependent on who is holding power at any given time.

An Attack on Somalis

Black women — see, e.g., Lisa Cook, Fani Willis, Letitia James — are a favorite target of Trump. Omar is Black and Somali and from Minnesota, a trifecta of Trump race-baiting, smearing, and dehumanizing. The search of her home came just a few days after Trump tried to instigate Minnesotans into a race war against Somalis. The message is so rancid: Omar doesn’t belong here, conned her way in (as a child), defrauded her way to financial prosperity, and has no right to be here, let alone in Congress.

An Attack on Congress

The executive branch enforcing the law against members of the legislative branch has always required a delicate balance of constitutional imperatives. There is nothing delicate or well-balanced about Trump’s ongoing attacks on Congress’ constitutional role. The Omar investigation is another in a series of threats against all members of Congress and against the legislative branch’s constitutional role.

An Attack on Elected Democrats

The Omar search is made worse because it comes after President Trump targeted her for years and publicly announced in January that a criminal investigation of her was underway. He has made the retribution element abundantly clear. It’s part of his broader attack on elected Dems — not merely a rhetorical attack but an abuse of his office to unleash the power of the federal government against his political foes.

It is all of the above — and more.

One other notable element of this retributive investigation: It is being helmed by Homeland Security Investigations, which is part of DHS, not DOJ. HSI has been in the lead on some of the most glaring retributive investigations in recent months. With a bloated budget, DHS, across its many component agencies, has police and investigatory powers that lets the Trump White House bypass or sideline DOJ. The FBI and DOJ aren’t sidelined completely. HSI can’t prosecute cases without DOJ, and DOJ had a role in obtaining the search warrant for Omar’s home (which, dismayingly, a D.C. federal judge signed off on). But this adds to the evidence that DHS is Trump’s favored tool of authoritarianism.

If there was any doubt that the Omar case is being run out of the White House, the administration did little to hide it. A senior Trump administration official told the Washington Post that in addition to Attorney General Todd Blanche and U.S. Citizenship and Immigration Services Director Joseph Edlow, the investigation involved White House deputy homeland security adviser Anthony Salisbury. I can’t emphasize enough how far over the cliff’s edge we are with White House-directed investigations.

The worst predictions of what a second Trump term would be like are coming true right before our eyes.

Thread of the Day

There will be a lot of equivocating about all the times search warrants have been executed on members of Congress for corruption investigations and the like, and it can't be stressed enough in how many ways HSI raiding Ilhan Omar is extremely not like that.

— Andy Craig (@andycraig.bsky.social) 2026-10-12T12:48:26.501Z

The Retribution: Full Court Press Edition

It’s not just Ilhan Omar. You can feel the ramping up of retribution from President Trump as the midterm election draws closer:

• Free press: In another in a series of targeted attacks on the press by the Trump administration, the Trump DOJ has purported to launch an antitrust investigation against ABC, CBS, CNN, Fox News and NBC over their pool coverage of the White House. The move comes after the networks banded together to boycott President Trump’s ban of CNN from the White House.
• Federal Reserve: President Trump renewed his effort to remove Lisa Cook from the Federal Reserve Board, establishing a committee to “investigate” the bogus mortgage fraud charges the administration has ginned up against her.
• ICC: The Trump administration imposed sanctions on the ​International Criminal Court on Friday within hours of one of its former judges winning the Nobel Peace Prize.

The Lawlessness: Defiance of Judges Edition

D.C.: U.S. District Judge Ana Reyes of D.C. damned near lost her mind in an emergency hearing over the Trump administration’s holiday weekend removal of more than 400 trees from a National Park Service golf course in the nation’s capital that President Trump wants to redesign unilaterally. Reyes had previously ordered that the Trump administration provide notice to the plaintiffs before any major changes were made to the course — and time for the court to address them. Instead, the administration provided notice at 5 p.m. on the Friday of a three-day weekend and removed the trees on Saturday. Reyes became the latest federal judge to rue having trusted the administration and given it the benefit of the doubt. “I trusted you all not to do precisely what you have done,” she said.

New York: The Trump DOJ apologized to a federal judge in Manhattan after pro-Trump TV ads paid for by the federal government continued to air after the court ordered an immediate halt to the ads on Sunday evening. The DOJ lawyer told the judge that he emailed her temporary restraining order blocking the ads to DHS counsel 72 minutes after it was issued, but DHS counsel didn’t see the email until the next morning. Notably, the Trump DOJ had stopped short of defending the legality of the ads in court, arguing instead that the ads were already scheduled to stop running so the case was moot.

Trump DOJ Watch

• Florida/D.C.: After losing its last two chief prosecutors, the “grand conspiracy” investigation in south Florida is now being run out of Main Justice, the Wall Street Journal reports: “Lawyers in the deputy attorney general’s office are now directly overseeing the Florida-based investigation from Washington, officials said.”
• Nationwide: “[M]ore than 60 people charged in the past few months as part of a surge by the Justice Department to prosecute as many noncitizen voters as possible before November’s midterm elections,” the WSJ reports.
• Arizona: A federal judge sanctioned a DOJ attorney in an immigration case for making a “factually baseless” accusation against the immigrant’s attorney. The DOJ lawyer was ordered to undergo at least one hour each of continuing legal education on (i) the special role of U.S. attorneys; and (ii) the need for evidentiary support for all factual contentions.

Midterms Watch

• Texas-Senate: To celebrate the arrival of 2025, Ken Paxton partied in Dubai with his girlfriend and two fugitives from the U.S., the WSJ reports.
• Nebraska-Senate: The Senate Leadership Fund, the super PAC for the Senate GOP leadership, is pouring in another $8 million to save Sen. Pete Ricketts (R- NE), bringing its total spend in the race to $15 million.
• NYT: Inside Elon Musk’s $276 Million Midterm Rescue Mission for Republicans

Trump Mocks Protester Assaulted at His Rally

holy shit — a protester at the Trump rally gets physically assaulted after they interrupt the rally by a man who punches her in the face. Trump smears the protester as a "fat guy"

— Aaron Rupar (@atrupar.com) 2026-10-12T23:46:07.086Z

Mass Deportation Watch

Surveillance video captured an ICE agent appearing to strike a fleeing immigrant Saturday morning near Houston. The man, who was apparently not the initial target of ICE, reportedly suffered two broken legs in the incident.

No More Kimberly Guilfoyle to Kick Around

Even as President Trump was publicly dangling the possibility of firing Kimberly Guilfoyle, the WSJ was cranking out another in its series of wtf stories on the U.S. ambassador to Greece: “At Davos, Kimberly Guilfoyle Boasted of Private Jet Trips, Luxury Stays.”

The WSJ didn’t just have witnesses to Guilfoyle’s grasping at Davos in January. It had a recording of her, too. Some of these quotes, y’all:

• To an American businessman whose help she wanted getting into a dinner thrown by Greek House Davos for Eric Trump: “You know, I can deliver the world to you. Which you deserve. …  “I’m going to make you a lot of f—ing money.”
• Furious that she wasn’t invited to the dinner: “You don’t have the f—ing U.S., you know, ambassador to Greece not come. She should be kissing my f—ing ass.”
• Bragging on her ties to Greek shipping tycoon Nikolas Tsakos: “I see Nikos every f—ing day. … I’m flying with him to Paris. I’m with him for a f—ing week. … He loves me. Honey, I spent Christmas with him. New Years. OK? Gstaad. Like, everywhere.”

Alas, we learned this morning from the White House press secretary that President Trump has asked Guilfoyle to resign. It was fun while it lasted.

News? Tips? Feedback? Please let me know. For sensitive information, use the encrypted methods here.

One Dark Damn Day

We’ve endured some very dark days in Trump II, but yesterday was particularly grim — and a possible taste of what’s to come between now and Election Day.

President Trump launched a race war against Somalians and Somali-Americans in Minnesota.

Defense Secretary Pete Hegseth exuberantly announced that the holiday season execution by firing squad of former Army Major Nidal Malik Hasan for the Ft. Hood shooting will be live-streamed.

In New York City, an ICE agent shot and wounded a Dominican national who was in his car with his 5-year-old child in the backseat.

In a televised debate in the Michigan Senate race, GOP nominee Mike Rogers used Islamophobic smears to baselessly associate Democratic nominee Abdul El-Sayed with terrorism — after which President Trump called El-Sayed a “Terrorist Sympathizer” in a social media post.

Somehow, the Michigan Senate debate was worse than the Georgia Senate debate, where GOP nominee Rep. Mike Collins has so many ties to neo-Nazis that it’s hard to keep count, prompting Sen. Jon Ossoff to scoff that Collins had “hired half the Third Reich” in his congressional office.

Against that backdrop, the Trump DOJ is actively seeking to vindictively prosecute former Trump White House aide Cassidy Hutchinson for allegedly lying to Congress as the star witness in the Jan. 6 committee hearings.

While the chaos of Trump II is often erratic and unpredictable, yesterday’s events are all tied to the upcoming election one way or the other. Even the ICE shooting came only two days after ICE increased its daily quota back to 3,000 arrests a day ahead of the midterms. The collective desperation of Trump and the GOP to avert a disastrous electoral defeat is likely to produce some even darker days over the next three and half weeks.

Reaction of the Day

Sen. Chris Murphy stunned as he hears for the first time that Defense Secretary Pete Hegseth plans to livestream a firing squad execution, describing the decision as “disgusting” and “medieval.” pic.twitter.com/SR0E6hS67k

— Erin Burnett OutFront (@OutFrontCNN) October 9, 2026

The Persecution of Cassidy Hutchinson

The vindictive prosecution of Cassidy Hutchinson is being improbably spearheaded by the DOJ’s Civil Rights Division. It would normally have absolutely no role in pursuing this kind of case, but the division is led by the ambitious Harmeet Dhillon, who is eager to audition for a promotion.

Dhillon’s team began presenting purported evidence against Hutchinson to a D.C. federal grand jury this week. While most of the reports cast it as investigation into whether Hutchison lied to Congress, the Washington Post, citing an unnamed source, suggests there maybe a twist: “[P]rosecutors have been exploring charging Hutchinson with a civil rights violation, potentially bringing a more unusual case than a simple charge of lying to Congress, one of the people familiar said.”

In Other Vindictive Prosecution News …

A federal judge has cleared the way for Kseniia Petrova to conduct discovery into whether she was the victim of vindictive prosecution by the Trump administration. Petrova is the Harvard researcher who was detained at Boston’s Logan International Airport in February 2025 and later charged with smuggling for bringing frog embryo samples into the country for her research.

New Info on Kurt Olsen’s Failed Polygraph

The exact circumstances of the failed polygraph of Trump DOJ official Kurt Olsen keep dribbling out. The latest, from the New York Times (emphasis mine):

It turned out he had failed a polygraph test about his contacts with foreigners, which imperiled his security clearance, according to two people familiar with the matter. Mr. Olsen said he complied with all requirements regarding foreign contacts and had not resigned over his clearance, but declined to say more.

Kimpossibly Dumb

With everything else going on, the Kimberly Guilfoyle scandal is almost a welcome relief — a Molière comedy of the Trump era.

The official responses to the Wall Street Journal blockbuster were quite unimpressive.

Secretary of State Marco Rubio spewed a lot of bluster in refusing to answer any questions about his ambassador to Greece — but he also offered no defense of Kimberly Guilfoyle:

Vice President JD Vance was similarly unenthusiastic about rushing to Guilfoyle’s defense:

JD Vance dodges a question on Kimberly Guilfoyle asking a donor for $100k in exchange for political access:"Well, so… with, with that hypothetical, obviously I don't love that. But, you know, I don't know exactly who you're talking about. I don't know the full details."

— FactPost (@factpostnews.bsky.social) 2026-10-08T18:24:15.109558991Z

Bad News for Kim: Loose Cannon Is Talking

If there’s one thing to know about the latest Guilfoyle scandal, it’s that her accuser doesn’t exactly fit the profile of the most reliable narrator. So the WSJ really had to bring the receipts, as it describes here.

Making matters worse for her is that her accuser seems to love the spotlight and spent the day talking to damn near any TV news outlet that would listen.

ABC:

CBS:

CNN:

'There was no question it was a quid pro quo. She knew she was nominated. She tried to cover it up.' MAGA Donor Eric Deters talks with @jaketapper about Amb. Kim Guilfoyle asking him for $100K. pic.twitter.com/q8Wz6GSxP5

— The Lead CNN (@TheLeadCNN) October 8, 2026

MSNow:

Late Night Fun

With so few Trump scandals truly breaking through into the broader cultural zeitgeist, Guilfoyle’s brazenness, shamelessness, and sloppiness have combined to potentially make her the rare exception.

Kimmel:

The Daily Show:

Have a Good Holiday Weekend

See you back here Tuesday.

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The Tip of the Politicization Spear

Since the dawn of Trump II, Stephen Miller has been the barely hidden hand running the Justice Department from the White House. Now a new report from CBS News adds quite a bit more detail to the level of influence and control that Miller exerts over the Trump DOJ.

The story is framed around an apparent conflict of interest. Miller attended an counterterrorism training session at FBI headquarters on Sept. 29 that was focused on President Trump’s notorious NSPM-7 on domestic terrorism and political violence. Miller urged the federal agents in attendance to be more aggressive in pursuing threats against government officials and their families — at the same time he was an alleged victim and potential witness in a case of alleged threats to his wife, Katie. Miller was reportedly frustrated by the pace of the criminal investigation into the allegedly threatening communications.

“In his comments, Miller spoke about the need for federal law enforcement agents to be more proactive in investigating threat cases and told them that no case is too small, whether the threats are directed toward a congressman, a spouse, friends, loved ones or a speaker at a college campus, the senior FBI official said,” according to CBS News.

The top two FBI agents in the counterterrorism division of the FBI Washington Field Office were demoted last month over “frustration shared by the Miller family” that the Katie Miller case was moving too slowly. Their demotions reportedly factored into the resignation of FBI co-deputy director Andrew Bailey, although the FBI publicly dimissed that reporting as “fake news.”

Two days after Miller spoke to federal agents at the training session, a Massachusetts man was indicted for cyberstalking on Oct. 1 — despite reported concerns from career prosecutors in Boston that his communications to Katie Miller didn’t amount to a federal crime. He was charged with using interstate communications with the intent to harass and intimidate by sending her at least 40 calls, voicemails, and text messages in August and September, some of them crude and profane.

But a glaring conflict of interest is just one element of this story, and probably not the most important one.

Notably, this episode appears to be a subset of the Trump administration’s broader push to lump all threats together with legitimate political opposition and brand them as domestic terrorism. The criminalization of political opposition to Trump is one of the darkest through-lines of his second term.

In this episode, two things jump out: (i) Miller picked a counterterrorism training session to urge more aggressive action in cases involving threats and harassment, citing the assassination of Charlie Kirk; and (ii) Katie Miller’s alleged cyberstalker was “arrested by members of the F.B.I.’s joint terrorism task force, an unusual show of force for a cyberstalking case,” the NYT noted last week.

In other words, what might have normally been a local law enforcement matter is now federalized and turned into a counterterrorism investigation. The Trump White House went so far as to defend Miller’s presence at the training session on domestic terrorism grounds, telling CBS News that Miller is tasked with carrying out the NSPM-7 mandate to “investigate, disrupt, and dismantle all stages of organized political violence and domestic terrorism.”

The other big picture issue is the one Morning Memo keeps coming back to: the mind-blowing fact of an unabashedly political White House aide addressing federal agents at FBI headquarters. The DOJ, including the FBI, being run out of the White House remains the defining corrupt act of the Trump II presidency.

The CBS News story — co-bylined by Sarah N. Lynch, a superb reporter on the DOJ beat — goes quite a bit further in revealing how involved Miller is in the running of the Justice Department:

• In an earlier episode, Miller pressured the DOJ to take action against a Virginia political activist who protested outside of the Millers’ Arlington home and distributed their address on flyers. A federal magistrate judge twice rejected search warrant applications in the case, CBS News previously reported.
• In the Virginia case, Miller asked FBI counterterrorism agents to go undercover in his neighborhood’s political activist group and regularly called the U.S. Attorney’s Office for the the Eastern District of Virginia for updates.
• Miller has been holding monthly meetings with the heads of federal law enforcement agencies about the deployments of the National Guard and federal agents to D.C. and Memphis in Trump’s “violent crime crackdown.”
• “Miller is also in touch multiple times a week with the Deputy Attorney General’s office to discuss fraud and immigration cases, according to sources with direct knowledge of the matter,” according to CBS News. The DAG is essentially the chief operations officer at DOJ and runs the department day to day.

Miller’s meddling (which may be too weak of word) at DOJ is truly unprecedented. He is the tip of Trump’s spear aimed at politicizing the Justice Department.

Kurt Olsen Reportedly Failed a Polygraph

Kurt Olsen — the Big Lie proponent who stepped down as the lead prosecutor in the bogus investigation into a “grand conspiracy” by the Deep State to deprive Donald Trump of his civil rights — had his DOJ security clearance terminated last month after failing a polygraph test, Reuters reports.

‘I Can Do Whatever I Want, If I Want’

Trump: "I could've done very bad things to Hillary Clinton. I could've done very very bad things to Joe Biden. I could've done very bad things to Barack Hussein Obama … I can do whatever I want, if I want."

— Aaron Rupar (@atrupar.com) 2026-10-07T17:44:12.919Z

Mass Deportation Watch

• The American Prospect: In an important development, U.S. District Judge John C. Hinderaker, a Trump appointee in Arizona, has ordered DHS to “facilitate” the return to the United States of an Egyptian man that it deported to Equatorial Guinea, a country where he has no ties. As reporter Gillian Brockell notes, the ruling “could have far-reaching implications for thousands of others subjected to the Trump administration’s third-country removal scheme.”
• Washington Sun: In a ruling this week, U.S. District Judge Gary R. Brown, a Trump appointee in Brooklyn, condemned ICE agents for falsifying records to cover up a pair of bad arrests. “The evidence suggests that ICE attempted to support their unsupported misidentification argument through false or misleading documentation and testimony,” Brown concluded.
• CNN: ICE told agents nationwide on Tuesday to increase immigration arrests by 1,000 people per day, returning to a previous goal of 3,000 daily arrests.

Quote of the Day

“On Monday night, it was our understanding that Christa was brain dead and that life support would be removed the next day. But on Tuesday, to the shock of everyone, including me, including her team, including the medical team, Christa woke up and began talking.”—Randy Spivey, a lawyer for Christa Pike, on her recovery from Tennessee’s attempted execution

The Corruption: Kimberly Guilfoyle Edition

The WSJ manages to outdo its remarkable story last month on Kimberly Guilfoyle, the U.S. ambassador to Greece and former fiancée of Don Jr., with a follow-up bombshell.

I started to summarize the highlights, but I really can’t do it justice. Just go read it.

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Worse Than 2006?

Republican political consultants are practically falling over each other to make the most dire pronouncements about the GOP’s fate in the midterms.

“If the bottom continues falling out like it has been, this will be worse than 2006,” one national Republican strategist tells Politico. Democrats picked up 31 seats that year and ended 12 years of GOP control of the House.

I’m deeply skeptical of poll-driven narratives in election coverage — which the past few cycles have only reinforced — but there’s quite a bit more to go on than just public opinion surveys in assessing the state of the midterms. Between now and Election Day, I’ll be frequently including in Morning Memo a sampling of those additional data points: which races are being newly contested and which aren’t, where the spending is going and where it’s not, and other markers on the state of the race — including President Trump’s unscripted intemperate outbursts.

The Cook Political Report on Tuesday moved three Senate races in Democrats’ favor:

• Kansas from Lean Republican to Toss Up
• North Carolina from Lean Democrat to Likely Democrat
• New Hampshire from Toss Up to Lean Democrat

In deep-red South Carolina, appointed Sen. Darline Graham (R) is struggling to hold on to her late brother’s seat, forcing the Senate Leadership Fund to dump $5 million into her race against Dr. Annie Andrews. In a sign of the brewing trouble for the GOP, Trump went on a “crazed, manic tirade” this week against Andrews, using an anti-trans slur among other attacks.

On the House side, in a sign of increasing desperation, Republicans have quietly resumed backing Rep. Max Miller (R-OH) despite earlier calls from within the party for him to drop out of the race amidst allegations against him of domestic abuse.

Election Ratfuckery Alert

The Trump administration continues to pull levers and push buttons to try to abuse the power of the federal government to swing the election its way:

• The Department of Homeland Security has investigated more than 150 voter registration groups in search of evidence that they’re helping noncitizens illegally register to vote, according to internal documents obtained via FOIA and provided to the New York Times. The DHS effort has been most heavily focused on groups in New Jersey and Pennsylvania. DHS has considered using undercover agents in its investigations, the documents reveal. Also of note:

The documents also reveal that Heather Honey, a prominent 2020 election denier who now serves as the department’s point person on “election integrity,” provided 48.4 million records of unknown provenance to federal investigators who are trying to find noncitizens on the voter rolls.

• The Trump DOJ dispatched federal prosecutors and an FBI agent to monitor polls in Maricopa and Pima counties in Arizona during its July primary election — a dramatic departure from past DOJ practice of using Civil Rights Division personnel as poll monitors to avoid intimidating voters and local election officials, Democracy Docket reports. The Trump DOJ is apparently planning to continue using prosecutors as poll monitors in the general election, telling Democracy Docket that “department attorneys, including prosecutors, will serve as election monitors.”
• In the run-up to election, ICE has begun asking detainees if they have ever voted illegally and, if so, whether in person or by mail, the WaPo reports. “ICE reviews credible allegations of potential criminal activity within its jurisdiction, including allegations related to election integrity,” an ICE spokesperson told the newspaper.

The Big Lie Crazies Still Big Lie-ing

Big Lie purveyor Tina Peters met with President Trump in the Oval Office this week to discuss “election integrity.” Meanwhile, election denier Cleta Mitchell is “pushing a scheme to have Commerce Secretary Howard Lutnick seize voting machines,” Democracy Docket reports. Former Trump DOJ official Ed Martin helpfully ties all of this together:

Ed Martin says that Tina Peters met with Trump in the Oval Office today to discuss election integrity and “the plans” for the upcoming midterms elections.

— Anna Bower (@annabower.bsky.social) 2026-10-06T01:22:18.693Z

A footnote: All of this comes as the Trump DOJ continues to fight to enforce a grand jury subpoena of Fulton County, Georgia, for the names and personal information of the hundreds of staffers, contractors, and volunteers who worked on the 2020 election. Jan. 6 never ends.

How Trump Can Still Subvert the Election

Election law expert Rick Hasen gives a fairly glowing assessment of how well the guardrails have held so far against Trump’s assault on free and fair midterm elections — and assesses where the greatest risks remain.

Another Classic Trump Con

Trump’s claim that he and his super PAC will start paying for the pro-Trump TV ads that the taxpayer funds have been used to air during the stretch run of the midterms does not mean that he will reimburse the government for the expenses it already incurred.

“White House officials clarified on Tuesday to Politico that the president’s post did not mean the PAC would pay for the spots that had already aired,” Politico reports.

More than $10 million of a $20 million DHS contract has already been spent on the ads, the NYT calculates.

Trump DOJ Watch

• Emil Bove: Last year, when he was acting deputy attorney general, Emil Bove pressed the FBI to illegally investigate ICE protesters in Los Angeles in violation of their constitutional rights and bureau policy, an FBI whistleblower alleges. The allegations emerged in a whistleblower complaint to leaders of the Senate Judiciary Committee by Jill Fields, a former supervisory intelligence analyst in the FBI’s LA field office. Fields also claims that FBI Director Kash Patel succumbed to pressure from the White House to investigate another group of ICE protesters after President Trump saw them in TikTok post.
• Harmeet Dhillon: After purging career lawyers, the Trump DOJ’s once-prestigous Civil Rights Division — led by Trump loyalist Harmeet Dhillon — is turning to partisans and conspiracists to fill its depleted ranks, the NYT reports.
• David Hearn: Lawyers for David Hearn, the man wrongly accused of vandalizing the Reflecting Pool, sent a letter to the inspectors general of DOJ and DOI asking for an investigation of the circumstances of his arrest and subsequently dismissed prosecution. Among his lawyers is Michael R. Bromwich, a former DOJ IG.

EU Preps for Mass Casualty Russian Attack

In a restricted, closed-door meeting last Wednesday, EU ambassadors discussed how to respond collectively to a hybrid Russian attack that results in mass casualties, a risk they fear looks increasingly likely, Politico reports.

Quote of the Day

“[W]hen a majority of the justices on our highest court show themselves to be consistently indifferent to the growing chasm between law and justice, it is not ‘public rhetoric’ that causes Americans to distrust the Court. It is the Court that surrenders its own legitimacy in the eyes of the public.”—civil rights lawyer Sherrilyn Ifill

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Judge Strikes Down Federal Ban on Noncitizen Voting

In a potentially very important ruling last week, a federal judge in south Florida concluded that the Trump administration’s effort to prosecute noncitizen voting relies on a 40-year-old federal statute that is unconstitutional.

In dismissing the prosecution of a Jamaican national for illegally voting in the 2020 election, U.S. District Judge David Leibowitz (a Biden appointee) found 18 U.S.C. § 611, which outlaws voting by noncitizens in federal elections, to be a “voter qualification statute.” As such, Congress intruded on the power of the states to determine voter qualifications by passing the law outlawing noncitizen voting.

“[T]he Constitution does not authorize Congress to legislate voter qualifications for federal elections,” Leibowitz ruled. “Congress has no power to say who can vote or who cannot vote in federal elections—that foundational power is reserved for the States, and limits Congress.”

As Politico’s Kyle Cheney notes, the statute that Judge Leibowitz invalidated underpins several Trump administration noncitizen-voting prosecutions that it ramped up ahead of the midterm elections:

Yet in dozens of other recent cases, announced with great fanfare by the Justice Department — often accompanied by photographs of people being arrested by Homeland Security agents — the administration is hanging its illegal voting crackdown on this very statute. Many are slated for trial in December and January.

Judge Leibowitz was the first judge to ever rule on the constitutionality of the statute. To help reach his decision, Judge Leibowitz had appointed Supreme Court litigator Paul Clement as a friend of the court to advise him on the constitutionality of Congress enacting the 18 U.S.C. § 61.

Given the paucity of noncitizen voting, the broader import of Judge Leibowitz’s ruling is that it undermines the Trump propaganda machine’s focus on noncitizen voting as a catch-all Big Lie that seeks to justify the federal takeover of elections, the imposition of new restrictions on voting, especially mail-in voting, and the delegitimization of elections generally.

Mass Deportation Watch

• ProPublica: More than 500 U.S. citizens have been caught up in the Trump administration’s mass deportation dragnet.
• TPM’s Hunter Walker: An ICE challenge coin for sale on eBay is emblazoned with the slogan: “There is no hunting like the hunting of man.” It’s not clear whether the coin was officially issued by ICE.

Quote of the Day

“… if Abdul can win in Michigan, anybody can win anywhere. Anywhere.”—Rep. Alexandria Ocasio-Cortez (D-NY), in a closed-door fundraiser, on the progressive movement’s “generational” chance to “break the map” of American politics

Will Dems Pull a McConnell on SCOTUS?

Some Senate Democrats are threatening not to confirm any Trump nominees to the Supreme Court for the rest of his term — if they win the Senate majority next month.

Good Read

Jay Willis at Balls & Strikes: The Conservative Takeover of SCOTUSblog Is Just What the Supreme Court Needed

Trump DOJ Watch

• U.S. Attorney Scheme: The 9th Circuit Court of Appeals quickly scheduled oral arguments for Oct. 23 on whether the president can fire court-appointed U.S. attorneys — a part of his scheme to install loyalists as the top federal prosecutors in blue states. The appeal by the Trump administration comes in the case of Roger Rogoff, the court-appointed U.S. attorney in Seattle, whose firing was ruled unlawful by a federal judge from outside the district. In related news, Rogoff has agreed to staying the lower court order and to not taking office while the appeal is pending.
• Jack Smith Report: President Trump and his former co-defendants in the Mar-a-Lago documents case are asking the 11th Circuit Court of Appeals to delay oral arguments on whether Judge Aileen Cannon’s order permanently sealing Volume II of Special Counsel Jack Smith’s report should be overturned. In the new filing, attorneys say they need the delay because of scheduling conflicts and because they need time to confer with President Trump. The oral arguments had been rescheduled multiple times over the past several months, most recently for January, but then last week was abruptly moved up to Nov. 2, the day before the midterm elections.

Trump Nixes Politico From Press Pool

The Trump White House barred Politico from boarding Air Force One for a Monday trip to Nebraska, which prevented it from serving in the presidential press pool. The White House similarly retaliated against CNN over the weekend. Along with MS NOW, Politico and CNN previously went to court to overturn a Trump ban on the three outlets from accessing the White House.

Trump Claims He’ll Pay for Pro-Trump Ads

In an apparent reversal, President Trump posted on social media that he and his PAC will pay for the series of four pro-Trump TV ads being aired during the stretch run of midterm election and originally paid for by the federal government.

More than $10 million in taxpayer-funded ads have run since September under a $20 million DHS contract, according to the New York Times.

“It was unclear if the PAC would repay the U.S. government for the money already spent or just pay for ads going forward,” the WSJ reported.

US Feared Drone Attack on Bombers in UK

The abrupt retreat of a dozen B-1 bombers from RAF Fairford to their home base in the U.S. came in response to intel that Iran was planning a sophisticated drone attack on the planes and their crews.

On Guard on NATO’s Eastern Flank

Politico: Lithuanian PM calls for NATO plan to counter Russia’s hybrid attacks

The Global March of the Far Right

• Brazil: In once again elevating the Bolsonaro clan in Sunday’s election, Brazil gave the far right its most decisive victory since the country’s military dictatorship ended in 1985, Harvard’s Elizabeth McKenna writes.
• Germany: Tobias Rausch of the Alternative for Germany party was elected as president of the parliament in Saxony-Anhalt, the first time since the Nazi era that a far-right politician was elected to lead a state legislature.

The Televangelist Origins of Donald Trump

The death of disgraced (is there any other kind?) televangelist Jim Bakker at age 86 lets us dip back in for a moment to the gaudy nouveau riche aesthetics of the mid-1980s out of which came endless TV preacher scandals and ultimately the public persona of Donald Trump.

I used to think that the Trump aesthetic mirrored the Jim Bakkers and the Jimmy Swaggarts because they all peaked in the 1980s, which happened to coincide with the glory days of high-glam primetime soaps, which set an unfortunate standard for opulence. But I’ve come to see Trump as a secular televangelist preaching his own version of the prosperity gospel to the same marks susceptible to the same grift that powered the fleeting televangelical fortunes.

Trump’s grift has been bigger and bolder, managing somehow not to have his own soul saved and or to heed a call to follow Jesus, yet being fully embraced by evangelical ministers, often literally in performative Oval Office prayer sessions. Grift knows grift.

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In the Stretch Run …

With voting coming to a close four weeks from tomorrow, Morning Memo will be shifting its focus to the midterms, with dual track coverage of the horse race and the outsized expectations for Democrats as an opposition party, if they win.

Setting Expectations

Usually at this point in the election cycle, expectations management is focused on not being so confident that it dampens your voters’ sense of urgency to get to the polls, mutes the post-election news coverage of your victory, and takes the edge off the mandate you win.

But this cycle Democrats are saddled with enormously unrealistic expectations about what they can and should do after the election. Even if they win both chambers of Congress, Democrats even in normal times would face structural, institutional, and political limitations that are very real and will make achieving quick, tangible, meaningful reform virtually impossible.

But these are not normal times.

President Trump has done astonishing damage across all of civic life, in the public and private sectors. He will continue to enjoy the strategic and tactical advantage that comes when you don’t care about collateral damage and when wanton destruction is easier than building enduring institutions.

In addition, many of the ingredients that gave rise to the Trump era remain: a degraded information ecosystem, a fierce right-wing propaganda machine, a nihilistic Republican Party not committed to democracy or to a robust civic life, among many others.

That doesn’t mean the election is not important or that an opposition party can serve no function — but it’s obvious that Democrats will come in shouldering the weight of pressure to move fast and decisively in a system that favors neither. The opposition will also face the unhelpful dichotomy that while the American political system has slid over the edge toward neo-fascism, most of the political press still covers campaigns and elections with the same dated tropes and stale constructs — as if things haven’t fundamentally changed.

It can’t be the case that whether we get democracy or fascism, the rule of law or authoritarianism, reform or systemic corruption rides on the result of each election. Yet, here we are.

Midterm Elections Watch: Senate Edition

• NC and KS: The Senate Leadership Fund — the super PAC aligned with the Senate GOP — has paused funding in the North Carolina Senate race and plans to invest $14 million to save Sen. Roger Marshall (R) in Kansas.
• Texas: Ken Paxton’s estranged wife can’t bring herself to say his name, but in a new ad urges Republicans to vote for the GOP ticket: “Let’s talk about the elephant in the room. In a general election, it’s not as much about the individual players on the team. It’s about getting the whole team across the finish line.”

#TXPol: "I'm Texas Senator Angela Paxton. People have asked my thoughts about this election and turns out, I have some … I'm voting for the Republican ticket on November 3rd."

Texas PAC is up with a new ad featuring Angela Paxton, Ken Paxton's estranged wife. pic.twitter.com/U7yYZ6ZBXp

— AdImpact Politics (@AdImpact_Pol) October 3, 2026

Midterm Elections Watch: House Edition

• Democratic Congressional Campaign Committee political director Brooke Butler predicts Democrats will carry the House with as many as 240 seats. Democrats have held a House majority that large only once in the last three decades: the high-water mark of 257 seats after the 2008 election.
• If Republicans lose the House, Rep. Jim Jordan (R-OH) is likely to run for House minority leader, Punchbowl reports: “Jordan won’t admit it publicly, but his inner circle of aides, advisers and friends is plotting for a leadership election, and he’s discussed it with people close to him.”

Midterm Election Shenanigans Watch

• The George Election Board’s request for the Trump DOJ to intervene in the state’s voting systems was a rogue act by the board’s executive director, the board chair told Votebeat. More here.
• Reuters: How Trump’s obsession with ‘rigged’ voting machines spread across US government
• Contrary to earlier reports, election denier Kurt Olsen is still employed at the Justice Department, according to the Washington Post. The newspaper had previously reported that Olsen resigned not just as head of the “grand conspiracy” investigation in south Florida, but from DOJ entirely:

A message Olsen sent Monday announcing his departure was originally misinterpreted by officials in Washington and Miami as a full resignation from the Justice Department, but Olsen later clarified to his bosses that he still intended to remain a department employee, even though he is no longer attached to the case, one of those people said Wednesday. His current assignment remains unclear.

Shock! Trump Behind Pro-Trump Govt Ads

President Trump was directly involved in ordering the use of $20 million in DHS funds to air TV ads in the stretch run of the midterm elections extolling his presidency, the NYT reports:

Mr. Trump was eager to see the laudatory ads on the air and told Russell T. Vought, the director of the Office of Management and Budget, to come up with the money from within the government, the people said. Mark Paoletta, the budget office’s counsel, and Will Scharf, the White House counsel, both said it would be legal to use D.H.S. funds. The president and Susie Wiles, the White House chief of staff, both spoke with Markwayne Mullin, the homeland security secretary, about the ads.

Quote of the Day

“My party is being infiltrated by people like Bo French. Nick Fuentes goes to Dallas and meets with a bunch of Republican leaders. This guy is a Nazi. We’ve got all these people getting on their little podcasts and so forth, saying: ‘We’re just asking questions about the Jews.’”—Karl Rove

Good Read

TPM’s Christopher Mathias: Chris Rufo — Known For ‘DEI’ and ‘CRT’ Panics — Tries to Make ‘the Indian Question’ a Thing

Judge Blocks Border Wall In Big Bend

A federal judge in El Paso on Friday temporarily blocked construction of the border wall in the Big Bend region, including the eponymous national park.

Mass Deportation Watch

• Chicago: Marimar Martínez, the woman shot five times by a Border Patrol agent during Operation Midway Blitz, is expected to file a federal lawsuit today “that includes new ballistics analysis and video animation showing the agent was not in harm’s way when he opened fire,” the Chicago Tribune reports.
• Maine: DHS agents not only tracked and intimidated people observing ICE activity during Operation Catch of the Day, but allegedly stored information about them in a Palantir-built database, according to newly unsealed court filings reviewed by Wired.
• New York: A Hasidic Jew who protested against the Israeli flag may now be deported, the New York Times reports.

Thread of the Day

Seth Cotlar on “remigration“

US Rushes Bombers Home From UK

NYT: “The United States rushed over the weekend to withdraw all 12 B-1 Air Force bombers from an air base in southern England after commanders received new threats about an Iran-backed plot against the installation, two U.S. officials said on Sunday.”

Dennis Hastert, 1942-2026

The longest-serving Republican speaker of the House — who turned out to be, in the words of his sentencing judge, a “serial child molester” — died of natural causes at his Illinois home over the weekend at age 84.

Dennis Hastert served in Congress for 20 years, eight of them as speaker. But it wasn’t until 2015, eight years after he left office, that his abuse decades earlier of wrestlers while he was a wrestling coach emerged. Hastert pleaded guilty to illegally structuring payments to one of his victims and served 13 months in prison.

It remains one of the mysteries of American politics that the Denny Hastert saga — a tragic coda to the corruption of the Tom Delay era — never broke through into the wider political consciousness.

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Cuts Would Put IG Office Out of Business

In a move that smacks of retaliation, Federal Housing Finance Agency director Bill Pulte is moving to slash next year’s budget for the agency’s inspector general’s office by more than 60% — after it was involved in an earlier investigation of him.

The surprise draconian cuts to the IG’s office would eviscerate its ability to conduct investigations, IG staff told Congress in a letter this week: “We will be forced to reduce staffing by approximately 70-80% in FY 2027, which will result in the discontinuance of essentially all criminal investigations conducted by our Office of Investigations.”

(Senate Democrats sent a letter to Pulte yesterday demanding that he restore funding for the IG’s office and also demanded his resignation.)

The shock budget cuts are just a continuation of a retaliation campaign by Pulte against internal watchdogs that’s been going on for a year.

Pulte, who also serves as chairman of Fannie Mae and Freddie Mac, has had an unusually high profile in Trump II for someone in his position, largely because he led the charge to use bogus claims of mortgage fraud to retaliate against Trump foes, like Sen. Adam Schiff (D-CA) and Fed Gov. Lisa Cook. With ready access to the president and poster boards often in hand, Pulte offered Trump what he already wanted: a tool of retribution.

Pulte’s mortgage fraud jihad resulted in an internal investigation of Pulte himself over whether he improperly obtained mortgage records of high-profile Democrats officials, including New York Attorney General Letitia James, the Wall Street Journal reported in November:

Fannie’s ethics and investigations group had received internal complaints alleging senior officials had improperly directed staff to access the mortgage documents of James and others, according to the people. The Fannie investigators were probing to find out who had made the orders, whether Pulte had the authority to seek the documents and whether or not they had followed proper procedure, the people said.

That group elevated the probe about the James documents to the more senior Office of Inspector General for the Federal Housing Finance Agency, the agency that oversees Fannie Mae and Freddie Mac and that Pulte heads, the people said. The acting inspector general then passed the report to the U.S. attorney’s office in eastern Virginia, some of the people said. 

To summarize, Fannie Mae investigators found enough of concern to bring in higher-ups at the FHFA IG’s office, which took them seriously enough to forward the concerns to federal prosecutors pursuing James.

“The FHFA acting inspector general sent the office the report at least in part because it could be considered material information for James’s defense in the case, one of the people said,” according to the WSJ.

You already know what happened next: James was indicted for mortgage fraud last October in the Eastern District of Virginia by then-acting U.S. Attorney Lindsey Halligan. The indictment was ultimately dismissed by a federal judge because Halligan was unlawfully appointed as U.S. attorney. Subsequent efforts by Halligan to indict James were rejected by two different grand juries.

The fallout from that episode was swift and severe.

Joe Allen, the FHFA acting inspector general who sent the internal investigation to prosecutors, was asked to step down, the WSJ reported. Around the same time, the administration fired about a dozen officials within Fannie Mae’s ethics and internal investigations unit.

The pattern of retaliation is clear. But there’s a more recent wrinkle.

Last week, the WSJ — which you can see has been all over the Pulte story for many months — reported that Pulte hadn’t just targeted Democrats’ mortgages. He’d also examined the mortgages of Todd Blanche!

Blanche and Pulte have been nemeses, for reasons that seem pretty obvious even from the outside looking in. Pulte — a nonlawyer — was stoking Trump’s sense of vengeance with spurious promises of prosecutions that Blanche was stuck with having to try to make happen.

As it was described to WSJ: “Some officials believed Pulte had been trying to collect information on Blanche and others to undermine them and pressure them to more quickly pursue the investigations, the people said.” Pulte denies improperly pulling any internal files.

As if that wasn’t enough, DOJ began its own inquiry into whether Pulte and other officials had “inappropriately shared information about the Justice Department’s investigation into Schiff with those who weren’t authorized to be part of it,” the WSJ reported.

I was immediately intrigued by the anonymous sourcing of the WSJ story. Who would have been in a position to learn that Pulte had targeted Blanche? I came up with two likely candidates: the FHFA IG via Fannie Mae’s investigators and DOJ through its own investigation of the leaks against Schiff.

But that doesn’t mean that the FHFA IG dropped the dime on Pulte to the WSJ. Remember: The FHFA IG already gave the results of its Pulte investigation to DOJ a year ago in the James case. So DOJ was in a position to know in either instance.

Either way, it’s quite a coincidence that a week after that revelation Pulte is taking another retaliatory swing at the FHFA IG and basically trying to put it out of business.

Judge Drives a Stake Thru the Heart of Trump’s US Attorney Scheme

In a major decision that thwarts President Trump’s scheme to appoint loyalist federal prosecutors in blue states, a federal judge ruled that the president cannot fire court-appointed U.S. attorneys.

U.S. District Judge Stanley Bastian issued a preliminary injunction restoring the court-appointed Roger Rogoff as U.S. attorney in Seattle. In his order, Bastian concluded:

Allowing the President to fire a court-appointed U.S. Attorney would upend the framework created by the Constitution and the statutory framework, which together balances the President’s right to appoint and the Senate’s right to confirm. Allowing the President to fire a court-appointed U.S. Attorney also eliminates the incentive to nominate a candidate that can be conferred by the Senate—in other words, bypassing the requirement that the Executive and Legislative branches work together to nominate and confirm the U.S. Attorney.

The Trump DOJ quickly moved to appeal the preliminary injunction order.

Judge Orders Inquiry Into DOJ in Broadview 6 Case

U.S. District Judge April Perry has commenced an inquiry in the conduct of the Trump DOJ in the Broadview 6 case. She named University of Chicago law professor William Baude, a former clerk for Chief Justice John Roberts, as a friend of the court to take an adversarial position to the Justice Department, since the underlying criminal case has been dismissed and the former defendants cannot play that role.

Good Read

Michael Lewis in WSJ: the Lone Security Guard Who Resisted DOGE

Thread of the Day

The Florida Senate race is competitive enough for the vice president to be campaigning there in person, and spewing racist and xenophobic garbage against the Democratic nominee:

I don't wanna COUCH my words here: I know JD Vance, his eyeliner, and absent Ashley Moody are used to running away from people when things get tough because they care more about themselves and their billionaire buddies than the people they represent. But this is my home. /1

— Angie Nixon (@angieforfl.bsky.social) 2026-10-01T18:34:10.247Z

Trump’s Post-Election Plan for Bombing Iran Leaves GOPers Exposed

President Trump’s stated plan to delay the resumption of large-scale bombing of Iran until after the midterms is a not-very-well-concealed effort to protect Republicans up for reelection from the political consequences of the unpopular war.

The size and scale of the bombing campaign planned for late November has forced the Pentagon to begin taking active measures to deploy sufficient manpower and materiel to the Middle East, the WSJ reports:

• The USS Theodore Roosevelt aircraft carrier deployed from San Diego on Sunday and will be the third carrier strike group in the Middle East when it arrives in late November.
• The USS Makin Island Amphibious Ready Group also deployed from California this week, with Marines from the 13th Marine Expeditionary Unit, and will be the second such group in the Middle East when it arrives.

Another way of looking at this is that the threat to resume bombing is a negotiation tactic. The newly deployed forces will eventually relieve existing forces, but their arrival in theater means for a time they U.S will have a particularly robust force with which to either carry out renewed bombing or present a credible threat to do so.

Judge Demands OLC Memo on Boat Strikes

In a ruling Wednesday, U.S. District Judge Paul A. Engelmayer of Manhattan ordered the Trump administration to provide him with the Office of Legal Counsel memo that provides the legal justification for the lawless high seas campaign of strikes on alleged drug-smuggling boats.

The order comes in a lawsuit brought by legal groups to enforce their FOIA request for the memo, which the administration is fighting against releasing publicly.

Noting the irony of the administration touting the memo to justify its conduct while refusing to release it, Judge Engelmayer wrote: “The agency defendants cannot claim surprise from this consequence of the Executive Branch’s repeated public statements embracing the OLC Memo—and it only—as setting out the legal parameters for the boat strikes.”

See You Back Here Monday

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Blanche Targets Minnesota Judges

Under the pretext of an ethics complaint against all but one of the active federal judges in Minnesota, Attorney General Todd Blanche signaled yesterday that not only will the Trump administration continue to run roughshod over the judicial branch but that judges had better shut up about it. 

The complaint filed by second and third highest ranking DOJ officials with the uber-right-wing 8th Circuit Court of Appeals is ostensibly about an admittedly unusual decision by the federal judges who bore the brunt of Operation Metro Surge to sit for an interview with the New York Times for a story that ran Sept. 17.

In the interview, the judges — including Patrick Schiltz who was the chief judge during the peak of the flood of mass deportation cases swamping the Minnesota federal court — defended the rule of law, provided a civics lesson on the role of the courts, and described the structural and institutional challenges they had faced. They refrained from talking about individual cases, but they did speak in broad terms about the habeas cases in general, Operation Metro Surge and the conduct of the Trump DOJ.

The complaint — signed by acting Deputy Attorney General Trent McCotter and Associate Attorney General Stan Woodward — accused the judges of pandering to the press and engaging in unethical behavior that “flagrantly violated” the canons of judicial ethics. It specifically called out Judge Schiltz and Judge John R. Tunheim — who were both quoted by name in the NYT article — for what it called “particularly egregious” misconduct.

The Trump DOJ asked the 8th Circuit to appoint a special committee to conduct an investigation of the judges for their allegedly improper behavior and to order Judges Schiltz and Tunheim to recuse themselves from any cases involving DHS.

Blanche: "Today, we're also announcing that just a few minutes ago the DOJ filed a judicial misconduct complaint with the 8th Circuit Court of Appeals against all but one district court judge in the District of Minnesota for violating various judicial canons."

— Aaron Rupar (@atrupar.com) 2026-09-30T15:40:45.087Z

The Trump DOJ getting on its high horse about legal ethics is a lot to take on its own. But it’s also striking that the complaint leans into what DOJ officials see as a friendly audience on the 8th Circuit. It emphasizes, for instance, the appeals court’s own decision upholding the Trump administration’s mass detention policy without bond — one of only two appeals courts to do so — in which it overruled the Minnesota judges.

Traditionally, Article III judges have been free to speak publicly on matters of judicial administration, the Constitution, democracy — civics, if you will. They have been free to lobby for more funding, better security protection, restructuring of the judiciary, and reform measures without running afoul of ethics requirements. 

But the Trump DOJ — which has defied orders left and right, hidden its worst conduct behind unprepared junior lawyers, botched cases, fired huge numbers of experienced attorneys, and made a hash of the distinguished department — now wants to clamp down on the ability of judges to stand up against what may be the most sustained assault on the judiciary in the nation’s history.

SCOTUS Takes Up Mass Detentions

As expected, the Supreme Court will take up the Trump administration’s policy of mass detention without bond that the circuit courts have split on, but which dozens of judges in thousands of cases have found to be unlawful.

Renee Good’s Family Sues

The family of Renee Good who was shot and killed by ICE in January during Operation Metro Surge has filed two civil lawsuits against the Trump administration arising from her death. 

Broadview Six Hearing This Afternoon 

A federal judge in Chicago this afternoon will hear arguments over whether to conduct a further inqury into alleged misconduct into Trump’s DOJ’s handling of the grand jury in the Broadview Six case and the aftermath of that now-abandoned prosecution of ICE protesters. 

As Bad as It Gets

The Supreme Court’s prior handling of the third-country removal case was already the most troublesome emergency docket case, Georgetown law professor Steve Vladeck argues, then came this week’s unexplained decision in the case: 

“There have certainly been rulings on the emergency docket that I believe to be more clearly and obviously wrong on the merits. And there have been rulings on the emergency docket that have produced even more harmful effects domestically and/or to the separation of powers. But there’s something profoundly ugly about the D.V.D. case that, unfortunately, was on display again on Tuesday.”

Cannon Wiggles Out of Bind

Give her credit: Judge Aileen Cannon has gotten out of the pickle she was in on Volume II of former Special Counsel Jack Smith’s report. She struck a motion from FBI agents who investigated the Mar-a-Lago documents case and are now being targeted by the Trump DOJ seeking clarification on her order sealing Volume II. Her reason: The lawyers had failed to confer with the co-defendants in the underlying criminal case about their motion before filing it.

808	PAPERLESS ORDER striking for lack of conferral 806 Motion to Intervene and Seek Clarification of Court Order. S.D. Fla. L.R. 88.9(a). Signed by Judge Aileen M. Cannon on 10/1/2026. (sm1) (Entered: 10/01/2026)

11th Circuit Stirs to Action

In the Volume II case which is on appeal, the 11th Circuit the appeals court rescheduled oral arguments yet again but moved them earlier for the first time after months of kicking the can down the road. Instead of January of next year they’re now scheduled for the first week of November. Nothing much going on that week.

Reflecting Pool Case Dismissed With Prejudice

Ruling that “no crime occurred,” a DC judge has ruled that the already-dismissed Reflecting Pool case against David Hearn should be dismissed with prejudice, meaning the Trump DOJ can’t bring the case against him again in the future.

Quote of the Day 

“This event is the worst we’ve seen and unlike any other botched execution in the modern era. There is no precedent.”—Robin Maher, executive director of the Death Penalty Information Center, on last night’s horrific attempted execution of Christa Pike in Tennessee.

Pike remains hospitalized this morning. Gov. Bill Lee (R) has halted executions through the end of the year.

Two Steps Forward, One Step Back

In the defining legal struggle of our time — whether the federal judiciary will sustain the rule of law long enough to preserve the essential core of a democracy for us to repair, rebuild, and re-enlarge after Trump II — the jury is still out.

Important developments in three different cases yesterday — the Alien Enemies Act, third-country deportations, and Trump’s collusive settlement with the IRS — point in very different directions.

On the face of it, not much unites the cases or offers a common theme or collective takeaway. But in stepping back and reviewing the last 20 months of Trump II legal battles, yesterday’s developments are datapoints in favor of a tentative working theory that appeals courts are slowly coming around to the urgency of the current moment.

In the first six months of Trump II, district judges were on their heels, caught off guard by the ferocity of the rampage against the rule of law and still tethered to old norms and expectations for the Justice Department that no longer held true. It was a brutal stretch of watching the Trump administration seize some key early wins and capture important legal ground.

After being collectively kicked in the teeth, district judges pretty quickly adjusted to the new reality — but appeals courts failed to back district judges in key respects, missed the urgency of the moment, and surrendered more ground to the lawlessness.

More recently, appellate judges have begun to turn, too. Two glimmers of hope yesterday came at the appeals court level, with the en banc D.C. Circuit looking poised to allow U.S. District Judge James Boasberg to resume his contempt of court inquiry in the original Alien Enemies Act case and the 11th Circuit handing Trump a loss in his bogus settlement with the IRS.

That still leaves the Supreme Court, which — with a few notable exceptions — has been Trump’s greatest enabler. It played true to form yesterday with an emergency intervention that will allow the administration’s brutal third-country removals policy to continue past the election and until it rules after oral arguments in December.

Unlike the lower courts, the Supreme Court will not eventually come around. While we’ve already seen examples — most prominently on tariffs, birthright citizenship, and the USPS mail-in ballots rule — of the Roberts Court refusing to endorse some of Trump’s worst excesses, the high court is too deeply compromised and its six-justice right-wing majority too invested in the GOP’s partisan fate to emerge as a reliable bulwark.

But the appeals courts may buy us some additional time by slowing the speed of the descent.

A quick rundown on yesterday’s developments, in turn:

AEA Contempt Inquiry Likely to Resume

The 7-4 Democratic-Republican split on the en banc D.C. Circuit Court of Appeals already boded well for the prospect of Judge Boasberg being able to resume his inquiry into whether Trump administration officials, including DOJ lawyers, should be held in contempt of court for violating his orders to stop and turn around deportation flights under the Alien Enemies Act.

Oral arguments left the strong impression that a majority of the full court will greenlight Boasberg’s inquiry. I’d pay particular attention to Judge Karen Henderson, a Bush I appointee who authored an important ruling on the substance of the Alien Enemies Act last year in the same case.

For more, I wrote at some length about yesterday’s oral arguments here.

Trump Takes a Loss in IRS Case

A unanimous three-judge panel of the 11th Circuit declined to put on hold the sanctions order by U.S. District Judge Kathleen M. Williams in Trump’s collusive lawsuit against the IRS.

The ruling was made on procedural grounds, including that the appeal was premature given Williams hadn’t yet decided on the amount of attorney fees award in the case. But while the appeals court panel — two Obama appointees and one Trump appointee — didn’t reach the merits of Williams’ ruling it did conclude: “Given the record before us, the appellants have not made a strong showing that the district court committed clear error in its collusion and bad faith findings.”

Roberts Courts Does It Again

The Supreme Court intervened on an emergency basis to block lower court orders that had effectively frozen the Trump administration policy of deporting people without notice or hearing to countries they are not from and to which they have no connection.

The three Democratic appointees opposed granting the stay.

The decision by a federal court in Boston, and upheld by the 1st Circuit Court of Appeals, had required giving detainees a chance to voice fear of torture or persecution before being deported to third countries. Now the third-country deportations can resume with abandon.

In what legal experts called an unusual twist, the Supreme Court identified three questions it wants briefed in the case, then gave the Trump administration the chance to identify any other issues it wants addressed: “Such other questions that the Government determines are appropriate for the proper disposition of the case.”

The court fast-tracked oral arguments for December.

Victim of ICE Shooting Charged in Texas

Wilber Rafael Garcés Perez, the Venezuelan national shot by an ICE agent in Austin, Texas 10 days ago, has been charged with assaulting a federal officer during their initial encounter.

Garcés Perez, who was shot in the shoulder and still has a bullet in his back, allegedly hit the ICE agent with his vehicle’s side mirror as he fled the initial traffic stop. That portion of the incident is caught on the body cam of one of the officers, according to a court filing.

Two observations about the filings:

• The shooting came a few moments later, after an alleged high-speed chase, when only one officer — without a body cam running — was present.
• In the court filing, a Homeland Security Investigations agent said he interviewed Garces Perez and the non-shooting agent after the incident, but gave no indication that he had interviewed the agent who fired his gun.

Stay tuned …

Swimming in Schadenfreude

The only proper way to cover the trio of Jack Smith hearings before Congress over the past year is as perjury trap under a veneer of disinformation — which is what made Sen. Eric Schmitt (R-MO) getting snared in his own perjury trap such a feast of mockery and memes.

If you still haven’t gotten enough:

• TPM’s Hunter Walker: New Evidence Shows Just How Badly One Republican Senator Beclowned Himself in the Jack Smith Hearing
• TPM’s John Light: 5 Points About a Senator’s Disastrous But Hilarious Attempt to Accuse Jack Smith of Perjury
• The full exchange:

CBP Funds Used for Pro-Trump TV Ads

The federal funds used to pay for pro-Trump TV ads airing in the stretch run of the midterm elections came from Customs and Border Protection, the WSJ reports. Outside monitors estimate some $1.4 million has been spent on the ads that have aired so far, but Democratic lawmakers claim allege that $20 million of CBP money has been shifted to the ad campaign.

Pete Hegseth Watch

Two important and deeply corrosive moves by Defense Secretary Pete Hegseth to politicize the military and erode its professionalism:

• Hegseth is expected to announce today that he is cutting the number of flag officers by at least 20%. As with other Trump administration purges, the initial purge is usually only half of the equation. It’s who ultimately gets elevated in their place that cements the role of loyalists, hacks, and charlatans.
• Hegseth ordered the service academies to stop hiring civilians to tenured faculty positions.

23 Years Later, The U.S. Leaves Iraq

After more than two decades of unimaginable human carnage and sunk costs in toil and treasure, the last remaining U.S. forces in Iraq are departing the country today.

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This morning the full D.C. Circuit Court of Appeals heard oral arguments on whether the Trump administration will be subject to a contempt of court inquiry for not stopping and turning around the deportation flights in the original Alien Enemies Act case, which began way back in March 2025, when the Trump administration sent more than 200 Venezuelan men to El Salvador’s CECOT prison.

Each side — the Trump DOJ and the ACLU — was given 30 minutes, but the oral arguments ended up lasting nearly three hours.

The top line: The en banc court is likely to rule against the Trump administration and allow U.S. District Judge James Boasberg to proceed with a contempt of court inquiry.

Blanche Overpromises and Underdelivers

The mother of all “investigate the investigators” retributions in south Florida suffered another major blow with the resignation of Kurt Olsen as its top prosecutor.

Olsen’s departure marks the third top prosecutor in a row to leave the probe — though Olsen’s departure seems markedly different.

A career prosecutor, Maria Medetis Long, left under duress in April, concerned that the case lacked evidence to proceed.

Then Joseph diGenova — a Trump true believer — resigned under pressure earlier this month for not seeking indictments fast enough for Main Justice and the White House.

Olsen, who took over after diGenova left, is even more of a true believer. He had worked on bogus election fraud cases while on the Trump II White House staff and had no prior prosecution experience before being assigned to the “grand conspiracy” case.

And now he’s gone. Not just from the investigation, but from DOJ entirely.

Olsen was also reportedly under pressure to produce indictments quickly, but he seems to have been undone by unspecified “issues with his security clearance” — a guffaw-worthy irony considering classified documents are at the center of the retributive investigation.

Olsen’s supposed probe — predicated on the nonsense notion that Trump was the victim of a Deep State plot to deprive him of his civil rights — is especially focused on the indictment of Trump in the Mar-a-Lago classified documents case, so problems with his security clearance is a plot twist too implausible for a screenplay. Olsen’s resignation comes after FBI agents who investigated the Mar-a-Lago case were subpoenaed to testify before a grand jury overseen by U.S. District Judge Aileen Cannon — a development which spilled out into the open just last week.

This may turn out to be an important side plot: Olsen was working in the White House for most of the past two years and then led a deeply politicized investigation without precedent while having some sort of issue with his security clearance. It’s a pattern we’ve seen across both Trump presidencies: administration figures with trouble securing security clearances. It’s not clear if we’ll ever know the scope and scale of the issue Olsen had or the risk, if any, that he presented.

Where does that leave the “investigate the investigators” probe that is trying to sweep up Trump foes from John Brennan to James Comey to Jack Smith and puts at risk every other investigator and prosecutor involved in the Trump prosecutions?

It’s super unclear because there’s no real precedent for this kind of probe or this kind of DOJ flailing or this kind of White House pressure to produce specific results in a case regardless of the facts or the law.

At one level, Attorney General Todd Blanche has shown a tendency to overpromise and underdeliver to President Trump on this case. It seems to have led, at least in part, to the firing of Pam Bondi as attorney general. It was among the cases that Blanche pushed forward while auditioning as acting attorney general. He’s shuffled the deck twice now as attorney general, presumably as a way to buy himself more time with an impatient and impulsive president.

In other Trump II cases, we’ve seen political appointees at Main Justice jump into the breach and handles cases directly themselves. Perhaps that’s the next step here. But at some point, Blanche is going to run out of people to point the finger at for not pursuing this case zealously enough — and Trump may point the finger at him.

Kash Patel’s Minder Resigns

FBI co-deputy director Andrew Bailey — the former Missouri attorney general who was brought in to form an unprecedented triumvirate leadership structure at the bureau, with the possibility dangled of him succeeding Director Kash Patel — has stepped down.

The official reason for Bailey’s departure: to spend more time with his family.

The actual reason? There are conflicting reports, as they say. Or perhaps better to call them multiple contributing factors:

My personal fave, via CBS News (emphasis mine): “Patel consistently kept Bailey at arm’s length and cut him out of meetings the deputy FBI director should attend because Bailey was constantly flagging things that were unconstitutional.”

Another factor, via MS NOW, which the FBI quickly denied publicly: Bailey was “annoyed” by the recent demotions of two senior counterterrorism agents in the FBI Washington field office over dissatisfaction with their handling of harassing phone calls made to Katie Miller, the wife of White House official Stephen Miller.

The mundane D.C. reason: Bailey was frustrated at not being named FBI director as Patel flailed in the role.

Take your pick. All of the above might be the smartest bet.

Trump DOJ Watch

• Retribution Alert: Former Special Counsel Jack Smith is set to testify before the Senate Judiciary Committee today — his third time testifying to Congress in the past year — as part of Republican lawmakers’ attempt to set a perjury trap for him. They’ve already referred him to the Trump DOJ for criminal prosecution once, as they try to rewrite the history of Trump’s own criminality.
• Should I Stay or Should I Go? The New Yorker has a well-balanced piece that genuinely grapples with the tough choices and real tradeoffs between remaining at the Trump DOJ or resigning in protest. “The D.O.J. left me,” Samantha Trepel, a former prosecutor in the Civil Rights Division, said. “I didn’t leave the D.O.J.”

For Your Radar …

For those keeping close track of the major legal cases still slowly making their way through the courts …

• Alien Enemies Act: The full D.C. Circuit Court of Appeals is hearing oral arguments this morning on whether U.S. District Judge James Boasberg can proceed with a contempt of court inquiry into the Trump administration’s violation of his orders to stop deportation flights and turn planes around. This full court is involved after a three-judge panel of the court blocked Boasberg from proceeding.
• Abrego Garcia: At the 4th Circuit Court of Appeals, the Trump administration filed its appeal brief overnight in Kilmar Abrego Garcia’s habeas case (which is distinct from his case to bring back from El Salvador and his criminal case).
• Trump IRS lawsuit: At the 11th Circuit Court of Appeals, the Trump DOJ filed its appeal brief challenging the imposition of sanctions in the collusive lawsuit by President Trump against the IRS that produced the “anti-weaponization” slush fund and IRS immunity for Trump.

SCOTUS Gets Trans Care in Prisons Case

The Trump DOJ has asked the Supreme Court to pause while on appeal a lower court order that blocked a new Bureau of Prisons policy ending the provision of gender-affirming care in federal prisons.

Trump Behind Govt’s Pro-Trump Ads

CNN: “President Trump has personally driven the controversial, taxpayer-funded video ads promoting himself and his administration’s policies, including helping select the imagery and videos used, a source familiar with the matter told CNN.”

Mass Deportation Watch

• “ICE is now detaining more immigrants than ever before,” The Guardian reports.
• The ICE agent who shot and killed Lorenzo Salgado Araujo in Houston in July has been identified by the Texas Tribune.
• The Department of Homeland Security rejected a request from the NFL to take down a mashup video of highlights of Hall of Fame safety Brian Dawkins’ career that it posted in support of its mass deportation operation. Neither the league, Dawkins, nor the Philadelphia Eagles (for whom he played from 1996-2008) gave permission for the use of the video clips or of his name and likeness.

Quote of the Day

“These last two years have been just a cesspool of coercion. I’m not prepared to say that I know that there’s illegal activity here that will result in the revocation of contracts, but I do know that there’s all kinds of dirty conflicts of interest here.”—Rep. Jim Himes (D-CT), in line to chair the House Intelligence Committee if Democrats win in November, firing a warning shot to intel industry contractors

UK Suspects Released

The five British nationals arrested on suspicion of terrorism, near a Royal Air Force Base used by the U.S. Air Force for operations against Iran, were released on bail.

Makes Me Want to Weep

A WaPo visualization of President Trump’s unilateral, personalist, ahistorical, and aesthetically gross remaking of monumental D.C.

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Three Different Court Orders Violated

The Trump administration was found in contempt of court Friday for wrongfully deporting a young Salvadoran man last month for the second time — after he had already been unlawfully deported in March, then returned to the U.S., before being removed again.

U.S. District Judge Stephanie Gallagher ruled that the administration’s conduct violated three separate orders that she had issued in the long-running class action settlement involving unaccompanied minors seeking asylum in the United States. The case has been a flash point for Trump administration defiance of court orders, with some 100 asylum seekers having been wrongfully deported in violation of the settlement agreement approved by Gallagher.

For the past four weeks, the administration and class counsel were in a standoff. The administration conceded the removal was in error and was prepared to return the young man — referred to in court only as “E.L.A.” — to the United States. But it was opposed to demands by his lawyers that he be released upon his return and not deported again until his asylum application was heard.

Gallagher’s opinion finding the administration in contempt remains under seal for now, but her order was made public. She granted some, but not all, of the conditions for the return of E.L.A. that his lawyers had been seeking. She ordered the administration to:

• return E.L.A. to the United States, with three days notice to him and his lawyers of his time and place of arrival;
• not remove him again until it fully adjudicates his asylum application;
• provide five business days notice to him and lawyers if it intends to remove him again for any reason;
• return to E.L.A. all of his personal property and documents that were removed from him at the time of his wrongful deportation.

Gallagher did not order E.L.A. released from custody upon his return, as his lawyers had sought.

Gallagher’s order makes no mention of sanctions against the government for its contempt, but in fairness E.L.A.’s lawyers have not sought sanctions yet, focusing in the immediate aftermath of his second deportation on getting him back to the United States and not immediately deported a third time. Gallagher previously found the administration in contempt in July in a different aspect of the same case.

READ: Mecklenburg Resignation Letter

Sheri Mecklenburg, the federal prosecutor implicated in the mishandling of the Broadview Six grand jury who stepped down last week to defend herself, penned a blistering resignation letter to U.S. Attorney Andrew Boutros. In it, she blames him for pursuing felony charges against ICE protestors over her recommendation that they be charged with misdemeanors, a claim the Trump DOJ later denied.

A key hearing into the Trump DOJ misconduct in the case is set for Thursday.

The Purges: FBI Edition

Michael Burgwald, the head of the FBI Washington Field Office’s counterterrorism division, and his deputy, Courtland Rae, were demoted Friday due to dissatisfaction with their investigation of allegedly threatening phone calls made to MAGA podcaster Katie Miller, the wife of White House aide Stephen Miller, Bloomberg reports.

“The orders from the bureau’s DC chief Darren Cox stemmed from frustration shared by the Miller family that the field office was moving slowly in probing allegedly harassing phone messages,” according to the report.

The White House denied involvement in the removals. Cox said the decision was his, not FBI Director Kash Patel’s, but Patel reportedly “was also displeased with the office’s progress on the case.”

Quote of the Day

“I told them until they perp-walk a doctor, the job is not done.”—Chad Mizelle, the onetime chief of staff to Attorney General Pam Bondi, bragging to the WSJ about targeting providers of gender-affirming care for minors

All You Need to Know

If there was any doubt that last week’s pro-Trump TV ad paid for by the U.S. government was in fact an undisguised campaign ad ahead of the midterm elections, the administration took pains to remove that doubt by also running a TV ad straight from his 2024 campaign:

NEW: The Trump admin is airing *another* taxpayer-funded political ad, & this time, it's from his 2024 campaign.

Trump says in the ad: "We will demolish the deep state, expel the warmongers from our government… We will rout the fake news media…" pic.twitter.com/4QtL4JUbG6

— Bayliss Wagner (@baylisswagner) September 27, 2026

Midterm Elections: Ground Rules Edition

In two rulings on Friday, the Supreme Court:

• allowed the Trump administration to use data from the Social Security Administration to verify people’s citizenship status (though only on a limited basis for this election);
• rejected yet another attempt to use a GOP friendly congressional district map in Missouri.

Thread of the Day

Are Black Democrats not a thing or…

— Tressie McMillan Cottom (@tressiemcphd.bsky.social) 2026-09-27T22:10:30.022Z

Trump Continues Retaliation Against CNN

After winning in court to get its White House credentials back, CNN was barred from Air Force One on Saturday.

AI-pocalypse Now

• Axios: Top AI companies probing tens of thousands of security incidents
• New York Times: OpenAI agents meddled with the websites for the SEC and the Education and Commerce departments this summer without the AI company’s knowledge.
• Washington Post: How the U.S. and Russia weakened safeguards — including stripping human oversight — in a landmark UN pact on AI weapons.

Suspected Terror Plot in the UK

Five UK nationals were arrested Sunday on suspicion of terrorism outside of a Royal Air Force base used by the U.S. Air Force to conduct operations against Iran. The five men were all in their 20s. A bomb disposal team was reportedly on site and several dozen homes in the area were evacuated.

Fantastic Read

An enthralling and well-reported piece from the Wall Street Journal on the mystery man who keeps popping up with Kimberly Guilfoyle — the former Fox anchor, one-time fiancée of Don Jr., and now U.S. ambassador to Greece — as she wheels and deals across Europe.

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A Funhouse Mirror of Corruption

Let’s end the week with an intriguing — and even amusing — new development in the bogus investigation out of south Florida into the “grand conspiracy” against Donald Trump.

As part of the probe, we learned yesterday, DOJ has subpoenaed a group of current and former FBI agents from the Mar-a-Lago documents investigation to provide grand jury testimony.

In a very savvy move, lawyers for the agents went to U.S. District Judge Aileen Cannon yesterday asking for clarification about whether their clients can testify about the details of Volume II of Special Counsel Jack Smith’s report, which covers the Mar-a-Lago investigation.

Cannon, you’ll recall, has bottled up the release of Volume II for years and enjoined DOJ from discussing its contents with anyone outside of DOJ. Anyone outside of DOJ would presumably include grand jurors and the FBI agents own defense counsel.

On its face, the filing is a legitimate effort to protect the FBI agents from jeopardy for either refusing to testify or violating Cannon’s order by testifying (or from having to take the 5th).

But it’s really doing a whole lot more work than that.

It mainly puts Cannon and DOJ in an awkward spot because they’ve taken the position that even Smith couldn’t even testify to Congress about Volume II. But now going along with Trump’s retributive “investigate the investigators” scheme requires that the FBI agents testify.

What to do?

DOJ has already reversed course and said it’s fine for the agents to testify about it, according to the agents’ lawyers, who include Abbe Lowell, Mark Zaid, and Margaret Donovan. Now we’ll see what Cannon comes up with to wriggle out of this apparent bind.

But there are many more layers to it. The filing revealed new information about the status of the “grand conspiracy” probe; it gave the agents a public forum to assert their innocence and the righteousness of the Mar-a-Lago investigation; it lays some groundwork for a future claim of vindictive prosecution if the agents were to ever get charged; and it begins to unspool a counter-narrative for other judges, including the 11th Circuit, where this is all going to land eventually.

The FBI agents’ lawyers are basically using the filing to expose the funhouse mirror of misconduct here at every level.

That’s the short version. If you want more on this:

• the new filing;
• the tl;dr from the New York Times; and
• the deep dive by Marcy Wheeler.

Meanwhile, a separate long-running effort to force the public release of Volume II has been stalled for months at the 11th Circuit, where oral arguments have been scheduled and then rescheduled a half a dozen times. This week they were tentatively rescheduled yet again, for January.

The 2026 Big Lie: Noncitizen Voting

It’s not just the disinformation and the abuse of power in service of delegitimizing elections generally — it’s the timing, which is intended to subvert this particular election. The Trump administration and its state-level allies are ramping up false claims, announcements, rule changes, and prosecutions in the heat of the stretch run for a reason. It’s a choice:

• After widely publicizing its claim last month that it had found massive noncitizen voting in Nevada — to the tune of nearly 16,000 noncitizens — DHS whittled down the actual number of suspected noncitizen voters to 185 and sent that list to the state, which has now confirmed that every single person on the list is a U.S. citizen.
• ICYMI: In an echo of the 2006-07 U.S. attorneys scandal, top Trump DOJ official Aakash Singh warned managers in a recent conference call that federal prosecutors could be fired if they decline to investigate and pursue cases of reported election fraud, MS NOW reported.
• The State Department is moving to give state and local officials — and potentially some nonprofit organizations — access to passport records to verify voters’ citizenship, Bloomberg reports. It’s not clear which nonprofit groups would have access to passport records.
• Florida state officials held a press conference yesterday to announce that 20 people have been charged with voting illegally, most of whom are apparently noncitizens who registered to vote.

The Corruption: Love Me Edition

Claiming it was a public service announcement — not a political ad in the final weeks of the midterms elections — the Trump White House won’t disclose the funding source for a pro-Trump 30-second TV ad that began running on cable news Wednesday night with the label “Paid for by the U.S. Government.”

The background music the TV spot is “Love Me” by JMSN, who did not authorize use of the song.

“I am looking for a lawyer now in order to see what our options are and how to proceed,” JMSN told Politico. “I have never been in this situation before, so need help in navigating something of this magnitude.”

Trump’s Media Ban Lifted … Mostly

After a chaotic morning yesterday when it appeared the Trump White House was flouting an overnight court order lifting the president’s ban on CNN, Politico, and MS NOW, reporters from the three outlets did eventually get their hard passes back and were allowed to access the White House.

However, a boycott of the TV pool by major networks continues until the White House confirms that CNN will be allowed to resume pool duties.

For Your Radar …

In a troubling attack on a free press, the state of Florida and a conservative think tank have filed a shareholder derivative suit against the parent company of the NYT, claiming the board of directors is exercising insufficient oversight of the newsroom leading to anti-Israel bias in the paper’s coverage of the Israel-Hamas war.

“Although it is positioned as a corporate governance petition to inspect the company’s books and records, it is a transparent attempt to exert agenda-driven pressure against an independent media organization, level false allegations of bias and chill journalism protected by the First Amendment,” a NYT spokesperson said of the lawsuit in state court in New York.

3rd Country Removals Back at SCOTUS

The Trump administration scrambled to halt third-country deportations yesterday after a late night appeals court ruling blocked its brutal policy while it also immediately sought relief from the ruling at the Supreme Court.

According to the NYT: “On Thursday, as news of the ruling spread inside the U.S. government, officials quickly moved to take deportees off flights to third countries such as Costa Rica, Honduras, and the Central African Republic, according to documents obtained by The Times.”

The Trump DOJ tried to do an end run around Justice Ketanji Brown Jackson, who is the circuit justice for the 1st Circuit, which blocked the third-country removal policy. But that effort didn’t seem immediately successful. She didn’t issue the administrative stay the administration sought, and gave lawyers representing the deportees until Monday at 4 p.m. ET to respond to the DOJ filing.

Mass Deportation Watch

• In the run-up to the midterm elections, the Trump DOJ is enlisting military attorneys as temporary federal prosecutors in support of immigration enforcement surges in Manhattan, Los Angeles, and Sacramento, according to a Defense Department email reviewed by Bloomberg Law.
• Trump’s mass deportation operation has taken on a lower profile since the federal occupations of Los Angeles, Chicago, and Minneapolis, but it is no less sweeping. As arrests rose through the summer, the NYT tried to capture the scale of the intrusion:

Federal agents appeared in nearly every corner of daily life, carrying out operations at hospitals and airports, outside suburban schools and along rural construction sites and truck stops. They fanned out from coastal cities in Maine to desert towns in Arizona, across the open plains of Wyoming and down through the southern borderlands.

• Courthouse News Service: In a final ruling against ICE, U.S. District Judge Lewis Kaplan blasted the “dreadful” and “squalid” conditions at 26 Federal Plaza, the controversial immigrant detention center in New York City.

Broadview 6 Prosecutor Resigns

Ahead of a pivotal contempt of court hearing next week, Sheri Mecklenburg, the federal prosecutor at the center of the Broadview 6 scandal, abruptly resigned yesterday while pointing the finger at embattled U.S. Attorney Andrew Boutros.

Mecklenburg, who said she resigned because the Trump DOJ would not let her file a response in her own defense for the upcoming hearing, promptly submitted a filing in the case claiming she had followed instructions from Boutros and kept him fully apprised of her handling of the case before the grand jury.

The federal case against ICE protesters was already shaky but it collapsed and was dismissed after revelations of alleged misconduct in how the case was presented to the grand jury.

A Delightful Weekend Read

Almost anything I say about this piece will be a spoiler, so I’m going to refrain from characterizing it except to say it’s a lovely treatment of a wonderful story with great pacing and a commendable narrative structure. Enjoy!

Scientific American: How apple detectives solved the mystery of an ancient tree—and rewrote the history of fruit

Enjoy the First Weekend of Fall

Check out Morning Memo playlists on Spotify and YouTube.

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Reporters Rebuffed at White House Gates

The White House immediately defied an overnight court order lifting President Trump’s purported ban on three news outlets from covering the White House.

Lawyers for CNN, Politico, and MSNow raced back to court this morning seeking an emergency hearing after their reporters were blocked from accessing the White House just hours after U.S. District Judge Timothy Kelly issued a temporary restraining order requiring the White House to restore “hard pass” credentials to the effected reporters.

Instead of complying with the court order, this is what happened, according to this morning’s filing by CNN, MSNow, and Politico:

• The White House turned away journalists from all three news outlets.
• A Secret Service agent confiscated the hard passes of journalists from all three organizations.
• When CNN’s Betsy Klein, whose hard pass was previously confiscated on Sept. 19, requested to have her hard pass returned, her request was denied and she was refused access to the White House complex.

The Trump DOJ did not respond immediately to inquiries from counsel representing the three news outlets, they said in the filing. They asked the judge to hold teleconference or video conference this morning.

Kelly, a Trump appointee, has given the administration until 12:30 ET to respond.

Trump Admin Defies Another Court Order

Despite a 1st Circuit Court of Appeals ruling Friday blocking its policy of third-country removals, the Trump administration was pressing ahead yesterday with additional removals, according to a news report and court filings.

In the case of a Peruvian man it wants to deport to the Central African Republic, the Trump DOJ argued that the appeals court ruling wasn’t in effect yet, the American Prospect reported.

The Trump DOJ reiterated that position in a phone call with lawyers who had brought the 1st Circuit case, and late last night they filed an emergency request for the appeals court to issue its mandate, which would remove any doubt — if there was any — about its ruling being in effect.

The lawyers, who cited the American Prospect’s reporting in their filing, told the appeals court: “Class counsel has learned from multiple sources that a flight holding class members is scheduled to depart tomorrow from Alexandria, Louisianna (sic) with identified destinations as Burundi, Rwanda, and Central African Republic.”

In response, the 1st Circuit issued an order just before midnight dissolving the stay of a lower court order that had blocked the policy — with the effect of making its ruling operative now.

In this very same case, when it was at the lower court in Boston in May 2025, the Trump administration engaged in repeated flagrant violations of court orders by continuing with third-country removals.

Thread of the Day

The American Prospect’s Gillian Brockell, who has been doing exemplary work on third-country removals, has been tracking the latest developments since just before midnight, including flights en route to African countries:

This is May 20, 2025 all over again. DHS trying to ignore Judge Murphy with a plane in the air.

— Gillian Brockell (@gillianbrockell.com) 2026-09-24T04:54:21.677Z

Cuban Wins Release in 3rd Country Case

A federal judge in Brownsville ordered the release of a Cuban tow truck driver from Miami who has lived in the United States for 30 years and who the Trump administration has tried to deport to Mexico at least three different times over the past 15 months.

Reinaldo Moreno-Rodriguez, who has been in ICE custody since June 2025, outlined his harrowing experience in an affidavit in a separate case. He alleges that he was beaten by guards at ICE’s Camp East Montana after he initially refused to get on a bus apparently bound for Mexico.

By his account, Moreno-Rodriguez was taken as far as a border crossing with Mexico and ordered to walk to a waiting bus on the Mexican side. After he began yelling in protest that he was being kidnapped, the Mexican guard refused to accept him, he recounted in the affidavit:

The judge ruled that Moreno-Rodriguez’s continued detention after 15 months in custody is unlawful because “there is currently no plan for Petitioner’s removal—let alone a plan that would secure his removal in the reasonably foreseeable future.” He ordered Moreno-Rodriguez’s release on or before Sept. 26.

New Details on ICE Stop of US Citizen

The NYT has published new video of and interviewed witnesses to ICE agents accosting a U.S. citizen Sunday in Evanston, Illinois. The man suffered injuries to his head, neck, and teeth before the ICE agents left him lying in the street. Local police are investigating the incident.

AI Agents on the Loose

Four newly revealed incidents show that OpenAI agents were engaged in rogue behavior even before the Hugging Face hack. The hacks in May and June involved:

• a digital library at the University of New Mexico;
• Data USA, a repository of public data about American employment and education;
• Australia’s Medicare Statistics Reporting Service;
• the Australian Institute of Health and Welfare.

Trump Lawsuit Over Poll Tossed Out

A state judge in Iowa threw out President Trump’s lawsuit against the Des Moines Register, its parent company, and longtime pollster Ann Selzer for having published a poll in the stretch run of the 2024 election that showed him losing badly in the state. Trump ended up winning Iowa handily. Trump claimed the poll was a defective product and sued under the Iowa Consumer Fraud Act. No dice, the judge ruled.

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Scenes From a Personalist Regime

The man who famously slapped his name on everything from steaks to vodka to cologne to chocolate is eager to emblazon his name prominently on national landmarks. And in his distinctly personalist regime, there’s a line of enablers out the Oval Office door apparently eager to flatter him and curry his favor by coming up with new and more preposterous naming opportunities for him.

The latest is the Ford’s Theatre National Historic Site commemorating the site of President Lincoln’s assassination, according to a new report by MSNow:

It is unclear how seriously the theater is being considered or how the administration would attach Trump’s name to it. One administration official said the idea had been discussed, but they didn’t know where it stood. The prospect sparked a flurry of discussion over the past week among people responsible for the historic site.

The White House and Interior Department each denied the MSNow report.

But Ford’s Theatre is is just one of several possibilities in an apparent move to line up new naming honors for Trump after he ran into a legal buzzsaw in his attempt to add his name to the Kennedy Center, a memorial for another slain president.

“One person with knowledge of the broader renaming effort who requested anonymity to address a sensitive topic said officials were looking for buildings and other sites that could carry the president’s name while presenting an easier legal path than the Kennedy Center push,” MSNow reports.

Like the Kennedy Center and United States Institute of Peace, the Ford’s Theatre National Historic Site was named by an act of Congress, so this particular renaming may not be the layup Trump courtiers are looking for.

Update on ICE Shooting in Austin

Wilber Rafael Garcés Perez, 28, remains in ICE custody after being shot Sunday during a traffic stop:

• After he complained of being unable to move his arm, he was taken back to a hospital, where he was diagnosed with a broken collar bone and given morphine.
• The ICE agent who shot Garcés Perez was a new recruit who wasn’t wearing a body camera, The Atlantic reported.

A federal judge has set a hearing for Sept. 30 in the habeas case filed by Garcés Perez and ordered him to appear personally.

DHS Stiffs Congress on ICE Shootings

DHS has still not shared the findings of its limited investigations into the fatal January shootings of Alex Pretti and Renee Good during Operation Metro Surge in Minneapolis, says Sen. Rand Paul (R-KY), the chair of the Homeland Security and Governmental Affairs Committee.

Nope, Not Blatantly Racist at All

The Trump administration plans to limit the number of refugees admitted to the country to 17,500 mostly white South Africans, according to a notice it provided to Congress that was obtained by the AP.

RFK Jr. Used Minority Health Money for Personal Security

HHS swiped $12 million from its Office of Minority Health and used $7 million of it to cover the cost of expanded personal security for Secretary Robert F. Kennedy Jr., the Wall Street Journal reports.

Midterms Watch: Blue Wave Edition

• Hispanic voters are abandoning Trump, the latest polling shows, which could transform the midterm map and make Texas and Florida “ground zero for a possible Democratic tsunami,” Nate Cohn writes.
• “The map is hilariously big right now,” a national Republican pollster told Politico.
• Republicans are increasingly worried that the North Carolina Senate race is a lost cause, the WaPo reports.

Missouri Map Is Back at SCOTUS

The Missouri redistricting saga has landed back at the Supreme Court, but the Roberts Court is expected to quickly reaffirm its prior order that requires Missouri to use a 2022 congressional map in the midterms that is less friendly to Republicans. Justice Brett Kavanaugh set a brisk filing deadline of this morning for the administration to respond to the emergency application that seeks to sidestep the late intervention in the case by the 8th Circuit Court of Appeals.

This Is How It’s Done

Politico’s legal reporting duo of Josh Gerstein and Kyle Cheney do a masterful job of framing the Trump DOJ’s ill motives around voter fraud in a new piece. At issue is the administration’s seizing on a lazy postal worker’s alleged dumping of 300 mail-in ballots in the garbage ahead of the June primary election in Utah.

During a televised briefing featuring Acting Deputy Attorney General Trent McCotter, the Trump DOJ trumpeted a newly unsealed indictment in the case as justification for the administration’s attack on mail-in voting nationwide:

Yet, prosecutors quickly conceded some facts about the mailman mystery that make the episode seem somewhat different than the kind that typically attracts the attention of Justice’s No. 2 official or leads to a televised briefing for reporters at DOJ headquarters.

Damon Seei, who has no criminal history, told investigators he tossed a big pile of mail — which contained the ballots — not to tamper with votes but to “lighten his workload” on a busy day. In a written statement summarized in court papers, Seei said he had no political agenda but rather felt “overwhelmed” and decided to “get rid of advertisement mail.” …

Seei bluntly summed up his motive this way: “Laziness.”

Despite the more nuanced backstory, McCotter declared at the press conference: “Remember folks, voting fraud is real.”

The AI-‘Fraud’ Detection Complex

Charles Gaba takes a first stab at unpacking the Trump administration’s much-ballyhooed targeting yesterday of alleged Affordable Care Act fraud. Pay particular attention to the administration’s use of AI “in recognizing patterns that are likely to be fraud.”

Hearing Today on Trump’s Media Ban

An emergency hearing is set for 3:30 p.m. ET in front of U.S. District Judge Timothy J. Kelly in D.C. on the request by news outlets CNN, Politico, and MS NOW for a temporary restraining order blocking President Trump’s ban on them from entering the White House.

Denmark Outflanks Trump on Greenland

The English-language version of the new agreement among Denmark, Greenland, and the United States has been released (by the Danes), and the emerging consensus is that Trump got little of what he sought but was allowed to save face by declaring victory and walking away:

• “Reading it, one wonders why so much fuss for so little, when this could have been done from the start,” Grégoire Roos, program director for Europe at the Chatham House think tank in London, told Politico. “I also think it’s well played from Denmark — clean and diplomatic. Some might call it the European touch.”
• “Whether Mr. Trump has permanently dropped his insistence on owning Greenland is anyone’s guess, the diplomats concede. But their hope was to give him enough to boast about, even if many of the provisions were implicit in the 1951 agreement and its successors,” the New York Times reports.

Quote of the Day

“I am the code.”—Donald Trump, clashing with his original ballroom architect over design features that violated building safety codes

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Pass the Popcorn, Please

Bill Pulte — Trump’s posterboard-carrying golden retriever — didn’t just abuse his office as director of the Federal Housing Finance Agency to gin up mortgage fraud cases against Trump foes. He also reportedly used it to target one of his rivals in the administration: Todd Blanche, who is now attorney general.

The comical new report from the Wall Street Journal — the substance of which Pulte denies — is the latest log on the fire of the rivalry between Pulte and Blanche. Rivalry may be overstating it somewhat, considering Pulte’s far lesser position in government. It’s more a classic case of someone who shouldn’t be in the Oval Office having the ear of the president and feeding him wild ideas, conspiracies, and other nonsense, way outside of their lane. That in turn forces other officials to respond to crazy orders from the White House.

Blanche had to deal with all manner of mortgage-driven nonsense coming from Pulte via the White House. Not that Blanche is an innocent. He was deputy attorney general when the bogus mortgage fraud prosecution of New York Attorney General Letitia James was launched. That indictment was dismissed when Blanche’s appointment of Lindsey Halligan as the top federal prosecutor in the Eastern District of Virginia was found by a judge to be unlawful. A subsequent effort to re-indict her was rejected by a grand jury.

In addition to James, Pulte had also referred to the DOJ mortgage fraud cases against Sen. Adam Schiff (D-CA) and Federal Reserve Gov. Lisa Cook. But this is the first reporting Pulte had examined Blanche’s mortgage, too. Think of it as tarring a rival for presidential attention at the very moment they were clashing over the viability of the mortgage cases.

“Some officials believed Pulte had been trying to collect information on Blanche and others to undermine them and pressure them to more quickly pursue the investigations,” sources told the WSJ.

It’s not clear if Pulte’s reported examination of Blanche’s mortgage (which, again, Pulte through his lawyer denies having done) came before or after DOJ investigated whether Pulte inappropriately shared information about the DOJ investigation into Schiff.

Pulte apparently didn’t come up with much on Blanche, who, according to DOJ, has a single mortgage of his own and cosigned a home loan for his son.

Amusingly, the administration circled the wagons in response to the WSJ report: “Representatives for FHFA and the Justice Department said the story was an attempt to drive a wedge between Blanche and Pulte.”

A Real Concern for Susan Collins

ProPublica: The FBI Anti-Corruption Squad Was Circling Susan Collins — Until Trump Got in the Way

GOP Senator Wants Don Jr. Investigated

Citing a Russian oligarch paying for Don Jr.’s wedding party, Sen. John Curtis (R-UT) has asked Sen. Charles Grassley (R-IA), chair of the Senate Judiciary Committee, to investigate “the use of presidential family relationships for private financial benefit, preferential treatment, or access by domestic and foreign interests.”

Before you get all excited that a single GOP senator is finally seeing the light … Curtis’ letter to Grassley is filled with false equivalencies and Biden-bashing. Among other things, Curtis also wants Grassley to investigate Hunter Biden.

Still, a sitting GOP senator comparing Don Jr. to Hunter Biden suggests the political winds are shifting.

Blast From the Recent Past

Ex-White House aide Cassidy Hutchinson’s testimony to the Jan. 6 House committee still reverberates four years later.

Yesterday, a federal judge in D.C. handed a defeat to former Hutchinson attorney Stefan Passantino in his defamation lawsuit against former federal prosecutor and legal commentator Andrew Weissmann.

Hutchinson famously testified that Passantino, who had previously been a Trump I White House lawyer, told her that she could tell investigators she didn’t recall even if she remembered some but not all of the details of Jan. 6.

Weissmann would later describe Passantino in a September 2023 social media post as a lawyer “who coached [a witness appearing before Congress] to lie.”

In ruling in favor of Weissmann’s motion for judgment on the pleadings, U.S. District Judge Loren AliKhan wrote (citations removed):

The transcript, far from contradicting Mr. Weissman’s statement, supports it. Ms. Hutchinson’s statements indicate that Mr. Passantino repeatedly prompted Ms. Hutchinson to lie. For example, Mr. Passantino’s advice included telling Ms. Hutchinson that “Your go-to, Cass, is ‘I don’t recall,’” even when she asked about answering “certain questions that [she] would recall.” (emphasis added. When Ms. Hutchinson told Mr. Passantino, “I’m f[*]. I just lied,” Mr. Passantino purportedly responded, “You didn’t lie. . . . They don’t know what you know, Cassidy. They don’t know that you can recall some of these things. So you saying ‘I don’t recall’ is an entirely acceptable response to this.” He concluded, “You’re doing exactly what you should be doing.” In other words, the transcript reflects that even as Mr. Passantino nominally instructed Ms. Hutchinson not to lie, he repeatedly urged her to say “I don’t recall” based on the unverifiability of that response—not based on its truth. He encouraged her to say “I don’t recall” whenever the Committee would not know the difference, even when Ms. Hutchinson indicated to him that she did in fact recall relevant information.

Legal ethics complaints against Passantino in Georgia and D.C. were dismissed in 2024 after Hutchinson declined to cooperate with those investigations.

Blame Natalie

CNN: “President Donald Trump’s close aide Natalie Harp showed him clips of media coverage last week before he banned Politico, CNN and MS NOW from the White House, people familiar with the matter said.”

ICE Shooting Victim Has Bullet in Back

The DoorDash driver shot Sunday by ICE in Austin, Texas, was treated at a local hospital but quickly turned over to federal agents with a bullet still lodged in his back, his lawyer reports.

Wilber Rafael Garcés Perez, who remains in ICE custody, felt well enough to call in to a press conference his lawyer held yesterday where he said the bullet was too close to his spine for doctors to remove.

Garcés Perez was not a target of ICE during the operation in which he was shot, the NYT reports.

Mass Deportation Watch

• The Deportation Project, a consortium of two dozen media organizations coordinated by Paris-based Forbidden Stories, interviewed more than 100 people to compile the most comprehensive account of Trump’s third country removal policy.
• AP exclusive: Last week, ICE began removing detainees who are subject to final orders of removal from its publicly available online detainee locator system, making it far more difficult for lawyers and relatives to find them.
• A federal judge in Alabama has temporarily blocked ICE from entering private job sites without a warrant, doing roundups without suspicion, and detaining people who show proof they’re in the country legally, Courthouse News Service reports. The order came in a case brought by a construction worker who, despite being a U.S. citizen, was twice detained on the job last year during immigration enforcement actions.

8th Circuit Does Some Real 8th Circuiting

After the Roberts Court properly cleaned up the GOP-created redistricting morass in Missouri, the 8th Circuit Court of Appeals in an indefensible ruling yesterday stirred the pot one more time, ordering the state to use the new GOP friendly congressional map in the midterm elections.

BUT … nearly every sober-minded legal expert expects the Roberts Court to make quick work of this flawed decision and restore the old map.

Not Normal in Germany

German leaders are preparing to deny the far right Alternative for Germany party access to a secret war plan for another Russian attack in Eastern Europe — because they fear AfD might pass the plan to Russia.

I’m Of Two Minds About This ..

When I first saw the headline — “Human brain is two separate organs, Stanford Medicine-led research finds” — I expected it to be a less-than-scintillating scientific categorization issue about what makes organs technically distinct from each other. But it’s quite a bit more interesting than that.

The research, published last week in Nature Neuroscience, suggests two different but related bases for how the fore/midbrain came to be distinct from the hindbrain:

• “From the earliest moments of embryonic development … the hindbrain follows a separate developmental path, running in parallel to — rather than branching off from — the pathway that creates the forebrain and midbrain.”
• Researchers studied the evolutionary record and found the same two-origin brain pattern in chickens; zebrafish; and acorn worms, whose common ancestor with humans is the jellyfish, which have two nervous systems at different ends of their body.

“Our research suggests that evolution took two existing neural systems and pushed them together spatially,” said Kyle Loh, an associate professor of developmental biology at Stanford. “Having the brain as one organ would probably be more efficient, but we rely on this primordial way to make the brain as two separate pieces.”

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Trump’s Mass Deportation Op Grinds On

We start today with two incidents that are reminiscent of the peak Trump administration violence during mass deportation operations back in the winter, then turn to a major appeals court ruling that should temper some of the worst elements of the administration’s brutal third-country deportation policy.

ICE Shooting in Austin

An ICE agent shot Wilber Rafael Garces Perez, a Venezuelan national, during a traffic stop in Austin, Texas, on Sunday. He was reportedly initially hospitalized, with a gunshot wound to the torso, but later reports suggested he was no longer at the hospital and had been released into ICE custody. DHS confirmed late Sunday that he was in ICE custody. His whereabouts and condition remain unclear.

Videos of the incident on social media that were verified by the New York Times show the later stages of the traffic stop, when shots were fired:

The video then shows an officer exiting the driver’s side of the unmarked S.U.V. and circling around to the back passenger side of the Toyota Corolla. The immigration officer remains to the side of the vehicle as it rolls forward slightly.

Three gunshots ring out, and the Toyota continues rolling forward slowly before coming to a stop. The video then shows the officer running to the driver’s side of the vehicle.

Neither federal, state, or local officers on the scene initially provided medical assistance to Garces Perez, who remained conscious in the videos, according to the NYT.

ICE Injures U.S. Citizen in Illinois

A U.S. citizen suffered injuries to his head, neck, and teeth while being briefly detained by ICE on Sunday morning, local police in Evanston, Illinois said. In a statement, Evanston police said they are investigating the incident and described one officer’s encounter with a federal immigration agent:

The agent told the officer that agents had attempted to identify an individual who resembled a person they were seeking. He said the individual refused to provide identification, was detained for fingerprinting, and resisted detention. Agents later determined he was not the person they were seeking and learned that he was a U.S. citizen. He was released.

A video posted to Facebook appears to show the end of incident, when agents returned to their vehicle and drove away, leaving the injured man sprawled in the street.

Major Ruling on 3rd Country Deportations

A unanimous three-judge panel of the 1st Circuit Court of Appeals imposed due process requirements on the Trump administration before it deports people to countries not their own and to which they have no prior ties.

The ruling by two Biden appointees and a Bush II appointee came in a closely-watched class-action case in Boston in which the Trump administration has flouted lower court orders. The case had earlier reached the Supreme Court, which blocked the judge’s initial attempt to impose due process protections and consider holding the administration in contempt.

At its core, the new appeals court ruling requires the administration to give deportees “a meaningful opportunity” to raise fears of persecution or torture in the third country — which necessarily implies notice and an opportunity to be heard, two pillars of due process that have been notably absent. In doing so, the appeals court rejected the administration’s position that a blanket assurance from the third country that deportees will not be persecuted or tortured was sufficient protection.

In related news:

• NYT: A Central African Hotel Has Become a Nightmare Prison for U.S. Deportees
• WaPo: How Trump turned a refugee bureau into a $410 million deportation operation

4 Killed in Lawless U.S. Boat Strike

Four people were killed Saturday in a U.S. strike on an alleged drug-smuggling boat in the Caribbean Sea. It was the 69th known strike in the year-old lawless high-seas campaign and brought the overall death toll to at least 231 people.

Trump Targets ICC With Sanctions

The Trump administration is preparing to impose sweeping sanctions on the International Criminal Court that would prohibit it from conducting transactions in U.S. dollars, cutting it off from much of the global financial system, the Wall Street Journal reports.

Greenland Deal Saves Face for Trump?

With the three sides offering starkly different descriptions of what has been agreed to, it remains unclear whether the yet-to-be-signed new security agreement among the United States, Denmark, and Greenland merely restates the existing state of relations among the principals or meaningfully changes the status quo. The agreement could be signed as soon as this week on the sidelines of the UN General Assembly in New York City. Stay tuned on this one …

Trump Wants Thanks for Kennedy Center

Among the latest developments in Trump’s attack on the Kennedy Center:

• WSJ: “At a recent closed-door meeting in the Oval Office, the president expressed deep frustration to advisers that prominent figures in Washington hadn’t publicly thanked him for trying to overhaul the Kennedy Center, according to a senior administration official.”
• NYT: How President Trump Broke the Kennedy Center
• WaPo: Thousands rally outside shuttered Kennedy Center, chanting ‘Hands off!’

In related news — seriously — Trump has launched a new attack on freedom of the press. See below.

Trump Bans 3 Outlets From White House

In a familiar pattern, President Trump appeared to vent his pique over a court setback in the Kennedy Center fiasco and reassert his dominance of the media narrative by barring from the White House reporters for CNN, MS NOW, and Politico because he disliked their news coverage.

The flagrant viewpoint-based discrimination in violation of the First Amendment was quickly met with a lawsuit by the three outlets this morning after their reporters were denied access to the White House grounds over the weekend.

Arch Madness: Snipers, Drones, and Ammo

In a transparent attempt to cloak a personal vanity project in national security terms that the Roberts Court might be inclined to defer to the president on, President Trump declared over the weekend that his monstrosity of a triumphal arch will be a “military complex” for drones, snipers, and ammunition.

In the similar White House ballroom project, the only traction Trump has had legally in defending his demolition of the East Wing has been in couching it in national security terms: The ballroom is merely the lid on an underground bunker that courts can’t question.

With his ever more preposterous pronouncement, Trump is essentially daring the six right-wing justices to either call out his fictions or to show their servile obsequiousness.

Prove It

President Trump claimed that Don Jr. will reimburse a Putin-connected Russian businessman for the Bahamian wedding soiree he threw for the princeling and his new bride earlier this year.

The fact that the president felt the need to make the claim suggests the election year heat over the lavish gift from a foreign national had become too much to bear. But it’s not clear how the public will ever know (i) if Don Jr. actually reimbursed Umar Kremlev; (ii) for how much; or (iii) whether that matched the amount Kremlev actually spent.

“A person close to Donald Trump Jr. confirmed that Kremlev was reimbursed,” the WSJ reported, without giving an amount, a date for the reimbursement, or any indication that Kremlev accepted the repayment.

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