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Ryan Goodman @rgoodlaw.bsky.social · 12h

On Letitia James indictment, this may help explain:

"Senior DOJ leadership believes [DOJ] would be unable to prove any allegations beyond a reasonable doubt, in part because Fannie Mae guidelines on the issue are too vague" with "second home" versus "investment property."

Trump officials pressuring federal prosecutors to bring criminal charges against NY AG Letitia James: Sources

Top Trump administration officials are pressuring federal prosecutors in Virginia to bring charges against New York AG Letitia James for mortgage fraud, sources say.

abcnews.go.com

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Ryan Goodman @rgoodlaw.bsky.social · 13h

Notable points in Judge Perry's remarks in Illinois v Trump National Guard case.⤵️

Judge:
1. Federalized deployment of National Guard not quelling civil unrest. Instead, it is "likely to lead to civil unrest."

2. State and local community policing not well geared for out of state Guards.

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Ryan Goodman @rgoodlaw.bsky.social · 13h

Comes down to a credibility determination. On National Guard in Chicago, and DHS loses that determination.

An important aspect of a credibility determination is that it's a factual assessment by a district court judge, makes it more difficult for the losing party to overturn the decision on appeal.

Jon Seidel @jonseidel.bsky.social · 13h

U.S. District Judge April Perry says it comes down to a "credibility determination."

"I simply cannot credit [the Trump administration's] declarations to the extent they contradict state and local law enforcement. … DHS' perception of events are simply unreliable."

Jon Seidel @jonseidel.bsky.social · 13h

#BREAKING A federal judge say she will grant "in part" a request by the state of Illinois for a temporary restraining order against the deployment of National Guard troops into the state.

U.S. District Judge April Perry is still ruling and has not outlined the details of her order.

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Jon Seidel @jonseidel.bsky.social · 13h

U.S. District Judge April Perry says it comes down to a "credibility determination."

"I simply cannot credit [the Trump administration's] declarations to the extent they contradict state and local law enforcement. … DHS' perception of events are simply unreliable."

Jon Seidel @jonseidel.bsky.social · 13h

#BREAKING A federal judge say she will grant "in part" a request by the state of Illinois for a temporary restraining order against the deployment of National Guard troops into the state.

U.S. District Judge April Perry is still ruling and has not outlined the details of her order.

Jon Seidel @jonseidel.bsky.social · 13h

Perry: "I'm going to issue an oral ruling."

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Ryan Goodman @rgoodlaw.bsky.social · 14h

CNN Reports: "Letitia James was indicted Thursday in Alexandria, Virginia"

www.cnn.com/2025/10/09/p...

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Ryan Goodman @rgoodlaw.bsky.social · 15h

3/ Last month:

"Justice Department prosecutors in Virginia believe they have not gathered enough evidence to indict Letitia James."

DOJ struggles to build mortgage fraud case against Trump adversary Letitia James, sources tell CNN | CNN Politics

Justice Department prosecutors in Virginia believe they have not gathered enough evidence to indict Letitia James, the New York Attorney General and long term adversary of President Donald Trump, for ...

www.cnn.com

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Ryan Goodman @rgoodlaw.bsky.social · 15h

2/ Here's the Oct 6 report (by @carolleonnig.bsky.social @kendilanian-nbc.bsky.social)

Top prosecutor (Elizabeth Yusi) is rejecting Trump pressure to charge New York AG

www.msnbc.com/msnbc/news/t...

Top prosecutor is rejecting Trump pressure to charge New York AG

A key federal prosecutor in Virginia, where James Comey was indicted, is resisting bringing charges against Letitia James.

www.msnbc.com

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Ryan Goodman @rgoodlaw.bsky.social · 15h

Oct 6: "Yusi, who oversees major criminal prosecutions in the Norfolk office...confided to coworkers that she sees no probable cause to believe James engaged in mortgage fraud"

Oct 9: Interim US Attorney Halligan asks grand jury to approve criminal charges against James for mortgage fraud

Virginia prosecutor asks grand jury to approve criminal charges against Letitia James

Attorney who presented case was installed after Trump became frustrated with pace of investigations against rivals

www.theguardian.com

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Ryan Goodman @rgoodlaw.bsky.social · 1d

5/ "Investigators who reviewed material from Comey's .emails, including his correspondence with Richman, could not identify an instance when Comey approved leaking material to a reporter anonymously."

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Ryan Goodman @rgoodlaw.bsky.social · 1d

4/ "According to prosecutors ... using Richman's testimony to prove that Comey knowingly provided false statements to Congress would result in 'likely insurmountable problems.'"

They detailed these concerns in a memo recommending not to charge the former FBI director.

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Ryan Goodman @rgoodlaw.bsky.social · 1d

3/ Central witness Daniel Richman "told investigators that the former FBI director instructed him NOT to engage with the media on at least two occasions and unequivocally said Comey never authorized him to provide information to a reporter anonymously ahead of the 2016 election."

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Ryan Goodman @rgoodlaw.bsky.social · 1d

2/ "Justice Department officials have privately expressed that the case could quickly unravel under the scrutiny of a federal judge and defense lawyers."

@kfaulders.bsky.social Alexander Mallin and Peter Charalambous reporting

abcnews.go.com/US/central-w...

Central witness undermines case against James Comey, prosecutors concluded: Sources

Ex-FBI Director James Comey is set to be arraigned Wednesday, but prosecutors investigating him determined that a central witness would prove "problematic," sources say.

abcnews.go.com

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Ryan Goodman @rgoodlaw.bsky.social · 2d

Prosecution of Comey looks headed to a dead end.

"Federal prosecutors ... determined that a central witness in their probe would ... likely prevent them from establishing their case to a jury."

abcnews.go.com/US/central-w...

Central witness undermines case against James Comey, prosecutors concluded: Sources

Ex-FBI Director James Comey is set to be arraigned Wednesday, but prosecutors investigating him determined that a central witness would prove "problematic," sources say.

abcnews.go.com

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Ryan Goodman @rgoodlaw.bsky.social · 3d

2/ "'By this logic, any small, medium or big group that is trafficking drugs into the US — the administration could claim it amounts to an attack against the United States and respond with lethal force,' said a former Pentagon lawyer who has had the [DOJ] opinion described to them."

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Ryan Goodman @rgoodlaw.bsky.social · 3d

"At the Pentagon, some military lawyers, including international law experts within DoD’s Office of General Counsel, have raised concerns about the legality of the lethal strikes on suspected drug traffickers....

Multiple current and former JAGs ... told CNN that the strikes do not appear lawful."

Exclusive: Classified Justice Department opinion authorizes strikes on secret list of cartels, sources say | CNN Politics

The Trump administration has produced a classified legal opinion that justifies lethal strikes against a secret and expansive list of cartels and suspected drug traffickers, according to multiple peop...

www.cnn.com

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Ryan Goodman @rgoodlaw.bsky.social · 3d

Judge in Illinois case on National Guard: "If I were the government, I would strongly consider taking a pause on this until Thursday."

The court "declined to quickly issue a temporary order ... while urging the government to delay the controversial plan until she rules."

Judge Won’t Immediately Block Trump Troop Deployment to Illinois

A federal judge declined to quickly issue a temporary order blocking the Trump administration’s plan to deploy National Guard members to Chicago to counter protests against the US immigration crackdow...

news.bloomberglaw.com

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Ryan Goodman @rgoodlaw.bsky.social · 3d

2/ In that case (Newsom v. Trump), Judge Breyer held that such activities meant this:

"In short, Defendants violated the Posse Comitatus Act."

(Note for lay readers: Breyer's opinion does not bind Trump administration in Illinois; a new case in Illinois now raises Posse Comitatus, to be decided.)

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Ryan Goodman @rgoodlaw.bsky.social · 3d

On the left:

Sept 2: Judge Breyer opinion (in CA case) showing DoD's own instructions of actions that violate Posse Comitatus Act (eg "crowd control").

On the right:

Sept 26: DHS request to DoD for military forces in Chicago "in direct support of ... access control, and crowd control."

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Ryan Goodman @rgoodlaw.bsky.social · 3d

* Adjutant Generals

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Ryan Goodman @rgoodlaw.bsky.social · 3d

2/ Audio version via Just Security's Out Loud series

www.buzzsprout.com/2509956/epis...

"Trump’s Outline of a Domestic War: The Real Message from Quantico" by Janine Davidson - Just Security: Out Loud

www.buzzsprout.com

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Ryan Goodman @rgoodlaw.bsky.social · 3d

What was the real message at Quantico?

Janine Davidson (former Undersecretary of the Navy and former Chair of Department of Defense Policy Board) discusses:

The domestic paradigm shift in President Trump's addressing Active Duty military leaders with National Guard Adjunct Generals excluded.

Trump’s Outline of a Domestic War

Former Undersecretary of Navy discusses import of President Trump's remarks to active duty military leaders at Quantico.

www.justsecurity.org

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Ryan Goodman @rgoodlaw.bsky.social · 3d

From Chicago to Caracas

I sat down with Bill Kristol (@billkristolbulwark.bsky.social) for conversation about crosscutting developments

- overuse of military force at home and abroad

- National Security Presidential Memorandum-7 and targeting of Americans' First Amendment activity

America’s Lawless Wars—From Chicago to Caracas (w/ Ryan Goodman)

YouTube video by The Bulwark

www.youtube.com

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Ryan Goodman @rgoodlaw.bsky.social · 4d

3/ The new Temporary Restraining Order bars the deployment by the Trump administration of any federalized National Guard -- eg California or Texas National Guard -- in Portland.

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Ryan Goodman @rgoodlaw.bsky.social · 4d

2/ Your reminder that Judge Immergut was appointed to the bench by President Trump.

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Ryan Goodman @rgoodlaw.bsky.social · 4d

Judge Immergut in Oregon v Trump now:

"I grant plaintiffs second motion for a TRO."

Federalized Texas and California Guard to Portland is a "DIRECT CONTRAVENTION" of court's TRO from Saturday.

Both on 12406 statute and Tenth Amendment grounds.

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Ryan Goodman @rgoodlaw.bsky.social · 4d

A most important question is the timing of this Secretary Hegseth Memorandum

On 10/4/2025 at 3:40 p.m. Judge Immergut signed her opinion which held that the President exceeded his authority by federalizing the (Oregon) National Guard because the situation did not meet the statute's conditions:

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Ryan Goodman @rgoodlaw.bsky.social · 4d

This represents a major escalation.

President Trump effort to mobilize TEXAS National Guard for deployment in Portland and Chicago.

Court filing just entered in Oregon v. Trump⬇️

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Ryan Goodman @rgoodlaw.bsky.social · 4d

"Additionally, California Military Department Executive Leadership learned that all 300 federalized California National Guard personnel will be imminently deployed to Portland."

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Ryan Goodman @rgoodlaw.bsky.social · 4d

State of play:

"As of 6:30 a.m. on Sunday, October 5 one transport carrying approximately 100 federalized California National Guard personnel had already departed from Los Angeles to Portland, with additional transport scheduled for later in the day."

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Ryan Goodman @rgoodlaw.bsky.social · 4d

I assume the judge will not be happy with this

"After this Court issued a temporary restraining order...Army Northern Command communicated to the California Military Department Executive Leadership that they intended to send 200 of the federalized California National Guard personnel...to Portland.”

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