David Bernstein
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dbernsteinnyc.bsky.social
David Bernstein
@dbernsteinnyc.bsky.social
700 followers 980 following 37 posts
Public defender in NYC & suburbs since 2006. Deputy Attorney in Charge at The Office of the Appellate Defender. Opinions mine alone.
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dbernsteinnyc.bsky.social
It’s an honest mistake that any untrained, uneducated, impulsive arm of the state could make.
January 23, 2026 at 12:26 AM
dbernsteinnyc.bsky.social
👀👀
This is, um, very very wrong on the law and suggests massive systematic 4A violations may be occurring.
bgrueskin.bsky.social Bill Grueskin @bgrueskin.bsky.social · 8d
The AP just uncovered a whistleblower memo that says the ICE has authorized agents "to forcibly enter into ..homes without a judicial warrant."
And ICE told agents not to distribute these instructions, but to verbally pass them along.
Link to the memo ⤵️ www.documentcloud.org/documents/26...

1/
The gravamen of the disclosure is as follows:a. By memorandum dated May 12, 2025 (“the May 12 Memo”),Acting ICE Director Todd Lyons authorizes ICE agents to forcibly enterinto certain people’s homes without a judicial warrant, consent, or anemergency.b. Specifically, in the May 12 Memo, the Acting ICE Directorauthorized ICE Agents to rely on Form I-205 (which is not a judicialwarrant) to enter the residence of an alien subject to a final order ofdeportation, without consent, including by “a necessary and reasonableamount of force.”2c. While addressed to “All ICE Personnel,” in practice the May 12Memo has not been formally distributed to all personnel. Instead, the May12 Memo has been provided to select DHS officials who are then directedto verbally brief the new policy for action. Those supervisors then showthe Memo to some employees, like our clients, and direct them to readthe Memo and return it to the supervisor.d. A Form I-205, which DHS has called an “Warrant ofRemoval/Deportation” is drafted and signed by an ICE official. Basedupon the final administrative order of deportation typically issued by animmigration judge,3 the purpose of the Form I-205 is to authorize ICEAgents to detain and remove these individuals. These arrests have alwaysbeen limited to public places because the Form I-205 has not beenconsidered a warrant issued by a “neutral and detached magistrate.” Onlya warrant issued by a “neutral and detached magistrate” (e.g., a judicia
January 21, 2026 at 10:39 PM
Reposted by David Bernstein
law360.bsky.social
New Jersey Gov. Phil Murphy has signed an executive order that restores the right to serve on state juries to more than 350,000 state residents with criminal convictions who have completed their sentences. www.law360.com/artic...
January 13, 2026 at 12:45 AM
Reposted by David Bernstein
mikehixenbaugh.com
Forensic analysis of objective video evidence. This is how you serve readers searching for clarity.
January 8, 2026 at 1:00 PM
dbernsteinnyc.bsky.social
Powerful statement from Judge Salas here
December 18, 2025 at 2:24 PM
dbernsteinnyc.bsky.social
!!!
Totally normal thing for the government to be doing
December 16, 2025 at 2:32 PM
Reposted by David Bernstein
reichlinmelnick.bsky.social
HUGE. Judge Xinis grants the writ of habeas corpus and orders that the government "SHALL release [Kilmar] Abrego Garcia from ICE custody immediately."
ORDER For the reasons stated in the foregoing Memorandum Opinion, it is this 11th day of December, 2025, by the United States District Court for the District of Maryland, ORDERED that: 1. Petitioner Kilmar Armando Abrego Garcia’s Petition for habeas corpus pursuant to 28 U.S.C. § 2241 at ECF No. 1 is hereby GRANTED; 2. Respondents SHALL release Abrego Garcia from ICE custody immediately; 3. Respondents SHALL notify Abrego Garcia’s counsel of the exact time and location of his release no fewer than four hours prior to releasing him, and notify the Court of the status of Abrego Garcia’s release by email to chambers no later than 5:00 p.m. today, Thursday, December 11, 2025; 4. A representative of the United States Pretrial Services Office for this District SHALL separately contact Abrego Garcia’s criminal counsel with further instruction for installation on the release conditions previously imposed in his criminal case, United States v. Abrego Garcia, No. 3:25-CR-00115-1 (M.D. Tenn.); 5. Respondents SHALL immediately transmit this Order and the accompanying Memorandum Opinion to all relevant officers, agents, and employees under their control and who are involved in this matter and the pending criminal case, United States v. Abrego Garcia, No. 3:25-CR-00115-1 (M.D. Tenn.); 6. Within a week of the date of this Order, by 5:00 p.m. on Thursday, December 18, 2025, the parties SHALL submit a joint status report as to the parties’ position regarding resolution of Respondents’ pending motion to dissolve at ECF No. 72; and 7. The Clerk is DIRECTED to transmit a copy of this Order to all counsel of record. December 11, 2025 /s/ Date Paula Xinis United States District Judge
December 11, 2025 at 3:57 PM
dbernsteinnyc.bsky.social
I mean, let’s be honest. This kind of thing probably gets said in sealed grand jury proceedings fairly often. Which is why grand jury proceedings should not be sealed.
toobigtofail.bsky.social Too Big to Fail @toobigtofail.bsky.social · Nov 18
I am a lawyer, and... Jesus Christ. This is unfathomable. My expectations for an insurance lawyer becoming a US Attorney were low, but not *this* low.
jilltwiss.bsky.social Jill Twiss @jilltwiss.bsky.social · Nov 17
I’m not a lawyer but I’m pretty sure you’re not allowed to tell the jury to “vote assuming we actually have a whole bunch more secret evidence”
November 18, 2025 at 2:09 AM
dbernsteinnyc.bsky.social
👀
November 10, 2025 at 9:54 PM
dbernsteinnyc.bsky.social
In case you haven’t been paying attention, this is the kind of stuff our federal agents are doing now. Really scary.
newseye.bsky.social News Eye @newseye.bsky.social · Nov 3
NEW: Footage of a US citizen in Chicago being rammed then dragged from her car on her way to work.

Abducted, with no warrant, her family couldn’t find her for hours.

She was later released with NO CHARGE.

A DHS statement said she “violently resisted arrest, injuring two officers”.

You decide…
November 3, 2025 at 11:41 PM
dbernsteinnyc.bsky.social
Shameful, inexcusable, unlawful behavior by the guy whose salary we are all paying.
royalpratt.bsky.social Gregory Pratt @royalpratt.bsky.social · Oct 31
Here’s a disturbing video from Evanston of a federal agent hitting a man on the ground as people yell that he can’t breathe.
November 1, 2025 at 12:11 AM
Reposted by David Bernstein
theatlantic.com
Donald Trump has amassed the powers of a king, J. Michael Luttig writes. He won’t give them up easily:
President for Life
Donald Trump is trying to amass the powers of a king.
bit.ly
October 28, 2025 at 11:23 AM
dbernsteinnyc.bsky.social
This is unreal. This administration continues to find new ways to shock and new lows
September 19, 2025 at 11:35 PM
dbernsteinnyc.bsky.social
Chilling and shameful
stevevladeck.bsky.social Steve Vladeck @stevevladeck.bsky.social · Jun 23
#BREAKING: Over a (sharp) public dissent from the three Democratic appointees, #SCOTUS clears the way for the Trump administration to remove migrants to third countries *without* giving them an additional opportunity to contest whether they face persecution or other forms of mistreatment there:
www.supremecourt.gov
June 23, 2025 at 10:30 PM
Reposted by David Bernstein
granick.bsky.social
ACLU’s Know Your Rights library has great resources for people planning to protest this weekend:

www.aclu.org/know-yo...

Stopped by Police: www.aclu.org/know-yo...

Protestors’ Rights: www.aclu.org/know-yo...

Be safe out there.
June 12, 2025 at 8:54 PM
dbernsteinnyc.bsky.social
One of those rare circumstances where the defense and prosecution agree an injustice has occurred, and the judge inexplicably refuses to act. As always, it boggles the mind.
pamelacolloff.bsky.social Pamela Colloff @pamelacolloff.bsky.social · May 13
Unreal. The Brox DA's office found this man innocent but "the presiding judge refused to dismiss the conviction, arguing that it would set a precedent to undo scores of other convictions. [He indicated] that if he did, the floodgates of other appeals would open."

www.amny.com/new-york/bro...
The wrong man: Bronx native left devastated after judge denies exoneration following 30-year legal battle | amNewYork
Eduardo Caba was supposed to finally have a moment of salvation in a Bronx court on Monday afternoon following a three-decade legal battle over a crime he
www.amny.com
May 13, 2025 at 11:35 PM
Reposted by David Bernstein
theathletic.com
The Knicks are one win away from their first conference finals appearance in 25 years‼️
May 13, 2025 at 2:18 AM
dbernsteinnyc.bsky.social
There aren’t enough hours in the day for the grift he wants to squeeze out of being a “public servant”
May 11, 2025 at 12:15 PM
dbernsteinnyc.bsky.social
Deeply disappointing and disheartening that these powerful firms are so readily giving up this really important work
jackiegardina.bsky.social Jackie Gardina @jackiegardina.bsky.social · May 7
Excuse me?

"Lawyers from Gibson Dunn explained that it was afraid of incurring Mr. Trump’s wrath if the firm was associated publicly with a lawsuit that sought to restore legal representation for unaccompanied immigrant children." 159/

www.nytimes.com/2025/05/06/b...
Some Giant Law Firms Shy Away From Pro Bono Immigration Cases
www.nytimes.com
May 7, 2025 at 1:26 AM
dbernsteinnyc.bsky.social
And… more about the cruelty currently pulsating through the government.
kyledcheney.bsky.social Kyle Cheney @kyledcheney.bsky.social · Apr 26
NEW: A federal judge raised alarm Friday that the Trump administration appeared to have deported a 2-year-old U.S. citizen to Honduras with "no meaningful process" — even as her father was fighting to keep her in the country.

Details w/ @joshgerstein.bsky.social

www.politico.com/news/2025/04...
April 26, 2025 at 2:16 AM
dbernsteinnyc.bsky.social
Hardly surprising that the government had no evidence whatsoever but glad to see a judge calling them out for it in such clear and stark terms.
reichlinmelnick.bsky.social Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · Apr 26
NEW: In a SCATHING decision, Judge Briones of the Western District of Texas absolutely SAVAGED the government over this case, tearing to shreds ICE’s hearsay “evidence” that this husband and wife were in Tren de Aragua as “completely and wholly unsubstantiated” — and ordered their immediate release!
April 26, 2025 at 2:14 AM
dbernsteinnyc.bsky.social
Cool, cool. Just as the Executive Branch should be working.
kylegriffin1.bsky.social Kyle Griffin @kylegriffin1.bsky.social · Apr 18
NBC News confirms: Gary Shapley, acting commissioner of the IRS, is being replaced after Treasury Secretary Scott Bessent approached Trump to say that Shapley was appointed without his knowledge and at Elon Musk’s direction. @msnbc.com
April 18, 2025 at 9:37 PM
Reposted by David Bernstein
gregsargent.bsky.social
Over on The Hellsite, JD Vance has now functionally called for an end to due process for migrants. His argument is riddled with deceptions, bad faith, and embarrassingly awful logic. I think it needs a real response, so here's what I put up over there.

First, his 20 million number is fiction. 1/
April 17, 2025 at 11:23 AM
Reposted by David Bernstein
ritchietorres.bsky.social
BREAKING NEWS
April 14, 2025 at 5:44 PM