Josh Gerstein
@joshgerstein.bsky.social
Sr. Legal Affairs Reporter, @POLITICO
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. Signal: joshgerstein.46
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. Signal: joshgerstein.46
JUST IN: Judge John Tunheim (Clinton) rejects Trump admin bid to lift order blocking mass detention of immigrants in Minnesota admitted to US as refugees. Doc: www.documentcloud.org/documents/26...
UHAvBondiOpn020926.PDF
www.documentcloud.org
February 10, 2026 at 1:26 AM
JUST IN: Judge John Tunheim (Clinton) rejects Trump admin bid to lift order blocking mass detention of immigrants in Minnesota admitted to US as refugees. Doc: www.documentcloud.org/documents/26...
JUST IN: Justice Department files brief w/4th Circuit, seeking to revive criminal cases against James Comey and Letitia James, arguing that AG has power to make successive interim US attorney appointments. Doc: www.documentcloud.org/documents/26...
ComeyJamesDOJCA4OpeningBrf020926
www.documentcloud.org
February 10, 2026 at 12:38 AM
JUST IN: Justice Department files brief w/4th Circuit, seeking to revive criminal cases against James Comey and Letitia James, arguing that AG has power to make successive interim US attorney appointments. Doc: www.documentcloud.org/documents/26...
JUST IN: @knightcolumbia & @weareoversight ask Judge Aileen Cannon to defer action on Trump's bid to bottle up 2nd volume of Special Counsel Jack Smith's final report, argue she can't act while appeal pending. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...
CannonMotStay020926
www.documentcloud.org
February 10, 2026 at 12:14 AM
JUST IN: @knightcolumbia & @weareoversight ask Judge Aileen Cannon to defer action on Trump's bid to bottle up 2nd volume of Special Counsel Jack Smith's final report, argue she can't act while appeal pending. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...
JUST IN: Judge Christina Snyder (Clinton/CACD) blocks enforcement of CA law banning federal immigration agents from wearing masks, but will allow enforcement of another CA law requiring law enforcement to display name or badge numbers. w/ @kyledcheney.bsky.social www.politico.com/news/2026/02...
Judge blocks enforcement of California’s law banning masks for ICE agents
But the judge also turned down the federal government’s request to block another California law aimed at abuses in immigration enforcement.
www.politico.com
February 9, 2026 at 11:58 PM
JUST IN: Judge Christina Snyder (Clinton/CACD) blocks enforcement of CA law banning federal immigration agents from wearing masks, but will allow enforcement of another CA law requiring law enforcement to display name or badge numbers. w/ @kyledcheney.bsky.social www.politico.com/news/2026/02...
JUST IN: Magistrate judge refuses to lift travel-approval & gun restrictions on lead defendant in St. Paul church protest case, Nekima Levy Armstrong
February 9, 2026 at 10:21 PM
JUST IN: Magistrate judge refuses to lift travel-approval & gun restrictions on lead defendant in St. Paul church protest case, Nekima Levy Armstrong
JUST IN: Judge Nancy Brasel (Trump) splits difference on Minneapolis Whipple Building inspection set for tomorrow AM. Attorneys can talk to detainees on relevant topic, but no photos/video. Order: www.documentcloud.org/documents/26...
WhippleOrd020826
www.documentcloud.org
February 9, 2026 at 12:40 AM
JUST IN: Judge Nancy Brasel (Trump) splits difference on Minneapolis Whipple Building inspection set for tomorrow AM. Attorneys can talk to detainees on relevant topic, but no photos/video. Order: www.documentcloud.org/documents/26...
NEW: Fulton County, GA says FBI's court-approved seizure of 100s of thousands of 2020 ballots shows "callous disregard" for rights of county & voters. Fulton atty accuses feds of using warrant to end run pending suits. Search justification due out by Tues www.politico.com/news/2026/02...
Fulton County argues FBI seizure of 2020 ballots shows ‘callous disregard’ for constitutional rights
A Trump-appointed judge set a Tuesday deadline to disclose justification for the raid.
www.politico.com
February 9, 2026 at 12:36 AM
NEW: Fulton County, GA says FBI's court-approved seizure of 100s of thousands of 2020 ballots shows "callous disregard" for rights of county & voters. Fulton atty accuses feds of using warrant to end run pending suits. Search justification due out by Tues www.politico.com/news/2026/02...
JUST IN: Fight underway over terms of lawyers' inspection judge ordered of ICE detention center at Minneapolis Whipple Building. Set for Monday AM. ICE doesn't want lawyers to take photos or to interact with any detainees. Doc: www.documentcloud.org/documents/26...
WhippleInspectionDispute020826
www.documentcloud.org
February 8, 2026 at 8:58 PM
JUST IN: Fight underway over terms of lawyers' inspection judge ordered of ICE detention center at Minneapolis Whipple Building. Set for Monday AM. ICE doesn't want lawyers to take photos or to interact with any detainees. Doc: www.documentcloud.org/documents/26...
JUST IN: Decision on whether FBI must return 2020 election records seized from Fulton County GA is in hands of Judge JP Boulee (Trump). Affidavit justifying search should be public by Tues 5PM. Order: storage.courtlistener.com/recap/gov.us... Motion for return: www.documentcloud.org/documents/26...
Order – #9 in Pitts v. United States (N.D. Ga., 1:26-mi-00012) – CourtListener.com
ORDER. The Clerk is DIRECTED to unseal the docket in this case. The Clerk is FURTHER DIRECTED to unseal Petitioners' motions [Docs. 1 through 4 ]. As to the search warrant affidavit, IT IS HEREBY ORDE...
storage.courtlistener.com
February 8, 2026 at 8:39 PM
JUST IN: Decision on whether FBI must return 2020 election records seized from Fulton County GA is in hands of Judge JP Boulee (Trump). Affidavit justifying search should be public by Tues 5PM. Order: storage.courtlistener.com/recap/gov.us... Motion for return: www.documentcloud.org/documents/26...
Reposted by Josh Gerstein
MAGA: “I ain’t watching the halftime show!!!! I’m watching the pro-family TPUSA one headlined by KID ROCK MAGAAA!!!!”
Kid Rock song:
“ladies, young ladies, I like 'em underage, see. Some say that's statutory (but I say that's mandatory)”
Kid Rock song:
“ladies, young ladies, I like 'em underage, see. Some say that's statutory (but I say that's mandatory)”
February 8, 2026 at 2:12 AM
MAGA: “I ain’t watching the halftime show!!!! I’m watching the pro-family TPUSA one headlined by KID ROCK MAGAAA!!!!”
Kid Rock song:
“ladies, young ladies, I like 'em underage, see. Some say that's statutory (but I say that's mandatory)”
Kid Rock song:
“ladies, young ladies, I like 'em underage, see. Some say that's statutory (but I say that's mandatory)”
JUST IN: Federal judge rejects bid by Coinbase to block Nevada state case alleging the firm is engaged in illegal gaming. Judge Cristina Silva (Biden) says federal court has to defer to state one in this instance, dismisses federal suit. Doc: storage.courtlistener.com/recap/gov.us...
Order AND Order on Motion for Temporary Restraining Order AND ~Util - Terminate Case – #24 in Coinbase Financial Markets, Inc. v. Ford (D. Nev., 2:26-cv-00256) – CourtListener.com
Order AND Order on Motion for Temporary Restraining Order AND ~Util - Terminate Case
storage.courtlistener.com
February 8, 2026 at 4:35 AM
JUST IN: Federal judge rejects bid by Coinbase to block Nevada state case alleging the firm is engaged in illegal gaming. Judge Cristina Silva (Biden) says federal court has to defer to state one in this instance, dismisses federal suit. Doc: storage.courtlistener.com/recap/gov.us...
SCOTUS BOUND: 5th Circuit, 2-1, backs Trump admin's authority to detain undocumented immigrants who've been in US for years without bond hearings to argue for release. Majority: Jones (Reagan)/Duncan(Trump). Dissent: Douglas (Biden). Via @kyledcheney.bsky.social
www.politico.com/news/2026/02...
www.politico.com/news/2026/02...
Appeals court backs Trump’s mass detention policy
The ruling from the 5th Circuit Court of Appeals contradicts thousands of lower-court rulings.
www.politico.com
February 7, 2026 at 2:49 AM
SCOTUS BOUND: 5th Circuit, 2-1, backs Trump admin's authority to detain undocumented immigrants who've been in US for years without bond hearings to argue for release. Majority: Jones (Reagan)/Duncan(Trump). Dissent: Douglas (Biden). Via @kyledcheney.bsky.social
www.politico.com/news/2026/02...
www.politico.com/news/2026/02...
Lawyers for former Rep. David Rivera (R-FL) are seeking to call WH Chief of Staff Susie Wiles & former Venezuelan leader Nicholas Maduro as witnesses at Rivera's trial set next month on foreign-agent/lobbying charges. Docs: www.documentcloud.org/documents/26... www.documentcloud.org/documents/26...
RiveraMaduro020526
www.documentcloud.org
February 6, 2026 at 10:05 PM
Lawyers for former Rep. David Rivera (R-FL) are seeking to call WH Chief of Staff Susie Wiles & former Venezuelan leader Nicholas Maduro as witnesses at Rivera's trial set next month on foreign-agent/lobbying charges. Docs: www.documentcloud.org/documents/26... www.documentcloud.org/documents/26...
NEW: Bondi, Patel & Pirro tout arrest of Benghazi attack suspect Zubayr Al-Bakoush. He was flown on an FBI jet from Misrata, Libya to a small Virginia airport. They crossed Spanish airspace, which could nix US ability to seek death penalty www.politico.com/news/2026/02...
Trump admin captures, charges Libyan man with involvement in 2012 Benghazi attack
Attorney General Pam Bondi said he was handed over to U.S. officials overseas.
www.politico.com
February 6, 2026 at 6:20 PM
NEW: Bondi, Patel & Pirro tout arrest of Benghazi attack suspect Zubayr Al-Bakoush. He was flown on an FBI jet from Misrata, Libya to a small Virginia airport. They crossed Spanish airspace, which could nix US ability to seek death penalty www.politico.com/news/2026/02...
JUST IN: Despite moves by Trump to ease the surge in Minnesota, military lawyers have started taking over for civilian prosecutors in federal court there. More in POLITICO Playbook
www.politico.com/newsletters/...
www.politico.com/newsletters/...
February 6, 2026 at 1:06 PM
JUST IN: Despite moves by Trump to ease the surge in Minnesota, military lawyers have started taking over for civilian prosecutors in federal court there. More in POLITICO Playbook
www.politico.com/newsletters/...
www.politico.com/newsletters/...
DEVELOPING: A judge is pressing AG Pam Bondi to explain what she meant when she said last February that Jeffrey Epstein's client list was "on my desk right now." Judge Randy Moss (Obama) is handling a #FOIA suit for those docs. More here, scroll down....
www.politico.com/newsletters/...
www.politico.com/newsletters/...
February 6, 2026 at 3:11 AM
DEVELOPING: A judge is pressing AG Pam Bondi to explain what she meant when she said last February that Jeffrey Epstein's client list was "on my desk right now." Judge Randy Moss (Obama) is handling a #FOIA suit for those docs. More here, scroll down....
www.politico.com/newsletters/...
www.politico.com/newsletters/...
JUST IN: 2 school systems in MN file suit to block ICE enforcement near schools. Doc: storage.courtlistener.com/recap/gov.us...
#1 in Fridley Public School District, Independent School District 14 v. Noem (D. Minnesota, 0:26-cv-01023) – CourtListener.com
COMPLAINT against All Defendants (filing fee $ 405, receipt number AMNDC-12627493) filed by Education Minnesota, Duluth Public School District, Independent School District 709, Fridley Public School D...
storage.courtlistener.com
February 4, 2026 at 11:48 PM
JUST IN: 2 school systems in MN file suit to block ICE enforcement near schools. Doc: storage.courtlistener.com/recap/gov.us...
Reposted by Josh Gerstein
This is just a guess, but maybe the rise in dramatic prose from district court judges is partly due to a growing belief among those judges that it's pointless to try to persuade SCOTUS and they must therefore focus on other potential audiences.
February 3, 2026 at 2:04 PM
This is just a guess, but maybe the rise in dramatic prose from district court judges is partly due to a growing belief among those judges that it's pointless to try to persuade SCOTUS and they must therefore focus on other potential audiences.
DID YOU KNOW?..... Julie Le, the temporary DOJ prosecutor whose frustration with her job poured out in court Tuesday, was appointed by Gov. Walz to a MN state education board in 2024. She quit last year to work for DHS as an immigration-court prosecutor www.politico.com/news/2026/02...
‘This job sucks’: Government lawyers, drowning in immigration cases, have had it
Government lawyers say they’re overwhelmed and can’t get a response when they tell ICE to comply with judges’ orders.
www.politico.com
February 4, 2026 at 8:40 PM
DID YOU KNOW?..... Julie Le, the temporary DOJ prosecutor whose frustration with her job poured out in court Tuesday, was appointed by Gov. Walz to a MN state education board in 2024. She quit last year to work for DHS as an immigration-court prosecutor www.politico.com/news/2026/02...
MELTDOWN IN MINNEAPOLIS: Trump's Twin Cities immigration crackdown is mired in legal morass where court orders are routinely ignored. 1 frazzled govt lawyer just reassigned after saying in court her job 'sucks' & system is 'broken.' More w/@kyledcheney.bsky.social www.politico.com/news/2026/02...
‘This job sucks’: Government lawyers, drowning in immigration cases, have had it
Government lawyers say they’re overwhelmed and can’t get a response when they tell ICE to comply with judges’ orders.
www.politico.com
February 4, 2026 at 8:25 PM
MELTDOWN IN MINNEAPOLIS: Trump's Twin Cities immigration crackdown is mired in legal morass where court orders are routinely ignored. 1 frazzled govt lawyer just reassigned after saying in court her job 'sucks' & system is 'broken.' More w/@kyledcheney.bsky.social www.politico.com/news/2026/02...
FLASH: #SCOTUS declines to disturb CA redistricting that could yield Democrats 5 additional seats. No dissent noted. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2026/01...
25A839 Order
www.documentcloud.org
February 4, 2026 at 6:53 PM
FLASH: #SCOTUS declines to disturb CA redistricting that could yield Democrats 5 additional seats. No dissent noted. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2026/01...
JUST IN: Texas A&M professor Melissa McCoul sues over firing linked to gender-related content in youth literature class. TX Gov. Abbott called for her firing. Among the defendants: former POLITICO owner & NOTUS founder, Robert Allbritton. Doc: storage.courtlistener.com/recap/gov.us...
#1 in McCoul v. Texas A&M University System (S.D. Tex., 4:26-cv-00865) – CourtListener.com
COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-35013427) filed by Melissa McCoul. (Reichek, Amanda) (Entered: 02/04/2026)
storage.courtlistener.com
February 4, 2026 at 5:58 PM
JUST IN: Texas A&M professor Melissa McCoul sues over firing linked to gender-related content in youth literature class. TX Gov. Abbott called for her firing. Among the defendants: former POLITICO owner & NOTUS founder, Robert Allbritton. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: 8th Cir. denies en banc review after panel agreed w/block on Iowa state law seeking to crack down on illegal immigration. Judge Stras, possible Trump SCOTUS pick, dissents. Loken (GHWBush) joins in part storage.courtlistener.com/recap/gov.us... Earlier apnews.com/article/immi...
Judge Order Filed – #00805446834 in IA Migrant Movement for Justice v. Brenna Bird (8th Cir., 24-2263) – CourtListener.com
JUDGE ORDER: The petition for rehearing en banc is denied. The petition for panel rehearing is also denied.Judge Stras would grant the petition for rehearing en banc.STRAS, Circuit Judge, with whom LO...
storage.courtlistener.com
February 4, 2026 at 5:37 PM
JUST IN: 8th Cir. denies en banc review after panel agreed w/block on Iowa state law seeking to crack down on illegal immigration. Judge Stras, possible Trump SCOTUS pick, dissents. Loken (GHWBush) joins in part storage.courtlistener.com/recap/gov.us... Earlier apnews.com/article/immi...
Reposted by Josh Gerstein
NEW: A federal judge said uses of force against peaceful protesters and journalists appeared to be escalating in Portland. He ordered sharp restrictions to DHS agents' use of force and chemical munitions.
w/ @joshgerstein.bsky.social @natsfert.bsky.social
www.politico.com/news/2026/02...
w/ @joshgerstein.bsky.social @natsfert.bsky.social
www.politico.com/news/2026/02...
February 3, 2026 at 11:59 PM
NEW: A federal judge said uses of force against peaceful protesters and journalists appeared to be escalating in Portland. He ordered sharp restrictions to DHS agents' use of force and chemical munitions.
w/ @joshgerstein.bsky.social @natsfert.bsky.social
www.politico.com/news/2026/02...
w/ @joshgerstein.bsky.social @natsfert.bsky.social
www.politico.com/news/2026/02...
JUST IN: New suit from AAUP & several academics seeking admission to U.S. challenges Trump Golden Visa program, requiring $1-2 million gift to US government for priority. Doc: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS v. DEPARTMENT OF HOMELAND SECURITY (DHS) (D.D.C., 1:26-cv-00300) – CourtListener.com
COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 ...
storage.courtlistener.com
February 4, 2026 at 4:00 AM
JUST IN: New suit from AAUP & several academics seeking admission to U.S. challenges Trump Golden Visa program, requiring $1-2 million gift to US government for priority. Doc: storage.courtlistener.com/recap/gov.us...