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
BREAKING: DOJ moves to drop criminal charges in alleged shovel/broom attack in Minneapolis that led ICE to open fire. "Newly discovered evidence in this matter is materially inconsistent with the allegations in the Complaint Affidavit," prosecutors say. www.documentcloud.org/documents/26...
February 12, 2026 at 11:47 PM
BREAKING: DOJ moves to drop criminal charges in alleged shovel/broom attack in Minneapolis that led ICE to open fire. "Newly discovered evidence in this matter is materially inconsistent with the allegations in the Complaint Affidavit," prosecutors say. www.documentcloud.org/documents/26...
FORTUITOUS TIMING: In bid to block Minnesota from obtaining records about immigration enforcement in state, Trump admin lawyers cite Homan announcement this morning that Operation Metro Surge is ending. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2026/02...
MNvUSDiscOpp021226
www.documentcloud.org
February 12, 2026 at 11:05 PM
FORTUITOUS TIMING: In bid to block Minnesota from obtaining records about immigration enforcement in state, Trump admin lawyers cite Homan announcement this morning that Operation Metro Surge is ending. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2026/02...
BREAKING: Judge blocks Defense Sec. Pete Hegseth's attempt to discipline/demote Sen. Mark Kelly over his comments re Trump-ordered boat strikes. Judge Richard Leon (GWBush) says admin is trying to strip 1st Amendment rights of military retirees. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
ecf.dcd.uscourts.gov
February 12, 2026 at 5:40 PM
BREAKING: Judge blocks Defense Sec. Pete Hegseth's attempt to discipline/demote Sen. Mark Kelly over his comments re Trump-ordered boat strikes. Judge Richard Leon (GWBush) says admin is trying to strip 1st Amendment rights of military retirees. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
JUST IN: Through lawyer, deposed Venezuelan leader Nicolas Maduro (in federal jail in NYC) declines to testify & will take 5th if called at upcoming trial of fmr Rep. David Rivera (R-FL) on foreign-agent charges. Doc: www.documentcloud.org/documents/26...
Maduro5th021226
www.documentcloud.org
February 12, 2026 at 4:38 PM
JUST IN: Through lawyer, deposed Venezuelan leader Nicolas Maduro (in federal jail in NYC) declines to testify & will take 5th if called at upcoming trial of fmr Rep. David Rivera (R-FL) on foreign-agent charges. Doc: www.documentcloud.org/documents/26...
JUST IN: 5th Circuit panel, 3-0, upholds Texas SB1 ballot harvesting ban. Judges: Jones (Reagan), Engelhardt (Trump), Summerhays (Trump). Doc: www.documentcloud.org/documents/26...
TexasSB1CA5Ruling021226
www.documentcloud.org
February 12, 2026 at 4:05 PM
JUST IN: 5th Circuit panel, 3-0, upholds Texas SB1 ballot harvesting ban. Judges: Jones (Reagan), Engelhardt (Trump), Summerhays (Trump). Doc: www.documentcloud.org/documents/26...
In wake of grand jury's rejection of proposed indictment of 6 lawmakers, former Biden WH counsel Bob Bauer urges resurrection of Independent Counsel law to cover solely investigations and prosecutions of members of Congress www.execfunctions.org/p/the-bad-ne...
The Bad News in the D.C. Grand Jury’s Refusal to Indict Six Members of Congress
It did the right thing, but Trump’s targeting of members of Congress should prompt legal reform.
www.execfunctions.org
February 12, 2026 at 3:50 PM
In wake of grand jury's rejection of proposed indictment of 6 lawmakers, former Biden WH counsel Bob Bauer urges resurrection of Independent Counsel law to cover solely investigations and prosecutions of members of Congress www.execfunctions.org/p/the-bad-ne...
JUST IN: Judge deals BBC setback in 1st notable ruling in Trump's $5-10B defamation suit on splicing of 1/6/21 Ellipse speech. Judge Roy Altman (Trump) rejects as "premature" bid to halt discovery as BBC contends that FL fed court has no jurisdiction. Doc: storage.courtlistener.com/recap/gov.us...
Order on Motion to Stay – #26 in Trump v. British Broadcasting Corporation (S.D. Fla., 1:25-cv-25894) – CourtListener.com
ORDER DENYING MOTION TO STAY DISCOVERY: We ORDER and ADJUDGE that the BBC Parties' Motion to Stay Discovery [ECF No. 18] is DENIED. Signed by Judge Roy K. Altman on 2/11/2026. See attached document fo...
storage.courtlistener.com
February 12, 2026 at 3:25 PM
JUST IN: Judge deals BBC setback in 1st notable ruling in Trump's $5-10B defamation suit on splicing of 1/6/21 Ellipse speech. Judge Roy Altman (Trump) rejects as "premature" bid to halt discovery as BBC contends that FL fed court has no jurisdiction. Doc: storage.courtlistener.com/recap/gov.us...
Reposted by Josh Gerstein
JUST IN: Judge blocks Trump admin's transfer to supermax prison in Colorado of 20 former death row inmates whose sentences were commuted by Biden. Trump appointee Tim Kelly says DOJ violated due process rights with 'predetermined' decision. w/@kyledcheney.bsky.social www.politico.com/news/2026/02...
Judge halts transfer of former federal death row inmates to ‘supermax’ prison
Attorney General Pam Bondi had vowed to transfer the prisoners.
www.politico.com
February 12, 2026 at 4:30 AM
JUST IN: Judge blocks Trump admin's transfer to supermax prison in Colorado of 20 former death row inmates whose sentences were commuted by Biden. Trump appointee Tim Kelly says DOJ violated due process rights with 'predetermined' decision. w/@kyledcheney.bsky.social www.politico.com/news/2026/02...
WORTH A LOOK: @JamesRosenTV takes to @POLITICOMag with an excerpt from his interview with Justice Samuel Alito about Justice Antonin Scalia and his posthumous influence on the earthshaking Dobbs opinion www.politico.com/news/magazin...
‘He Was the Antidote’: Samuel Alito Speaks Out on Antonin Scalia and the Drafting of Dobbs
In an exclusive interview, the Supreme Court justice remembers a friend and conservative icon’s legacy.
www.politico.com
February 12, 2026 at 2:10 AM
WORTH A LOOK: @JamesRosenTV takes to @POLITICOMag with an excerpt from his interview with Justice Samuel Alito about Justice Antonin Scalia and his posthumous influence on the earthshaking Dobbs opinion www.politico.com/news/magazin...
STRANGE TALE: Imagine if Bondi (& Patel & Fox) attended early AM arrest of alleged MS13 member, saw the case fizzle, told press he'd be deported instead, brought him up at House hearing......but didn't mention he's facing murder rap & poss death penalty www.politico.com/newsletters/...
February 11, 2026 at 11:11 PM
STRANGE TALE: Imagine if Bondi (& Patel & Fox) attended early AM arrest of alleged MS13 member, saw the case fizzle, told press he'd be deported instead, brought him up at House hearing......but didn't mention he's facing murder rap & poss death penalty www.politico.com/newsletters/...
THE NEW "IS...IS": Bondi gets Clintonian as she dodges Qs about whether DOJ has questioned Lutnick about his ties to Epstein including a 2012 visit to his island, suggests Lutnick has self-investigated. “What does ‘ties’ mean?...Can you define ‘ties?'” www.politico.com/live-updates...
Bondi dodges questions about Lutnick’s connections with Epstein
The Commerce secretary has faced few recriminations from Trump world over the latest revelations about his connections to the late financier.
www.politico.com
February 11, 2026 at 8:42 PM
THE NEW "IS...IS": Bondi gets Clintonian as she dodges Qs about whether DOJ has questioned Lutnick about his ties to Epstein including a 2012 visit to his island, suggests Lutnick has self-investigated. “What does ‘ties’ mean?...Can you define ‘ties?'” www.politico.com/live-updates...
@RepKiley to say fraud in CA "pales in comparison" to fraud in MN means there is less of it in CA
February 11, 2026 at 5:13 PM
@RepKiley to say fraud in CA "pales in comparison" to fraud in MN means there is less of it in CA
JUST IN: #SCOTUS to hear arguments April 27 on whether geofence search warrants comply with the Fourth Amendment www.politico.com/news/2026/01...
Supreme Court to decide legality of geofence search warrants
The justices will consider whether criminal investigators can use broad sweeps of cell-phone location data.
www.politico.com
February 11, 2026 at 4:49 PM
JUST IN: #SCOTUS to hear arguments April 27 on whether geofence search warrants comply with the Fourth Amendment www.politico.com/news/2026/01...
FLASHBACK: Here's a story I wrote back in 2008 on the Hillary Clinton comments that were just played at House Judiciary Committee hearing, suggesting no due process before deporting immigrants who commit crimes in US web.archive.org/web/20080719...
Clinton Irks Immigrants' Advocates - January 28, 2008 - The New York Sun
Clinton Irks Immigrants' Advocates - January 28, 2008 - The New York Sun
web.archive.org
February 11, 2026 at 4:38 PM
FLASHBACK: Here's a story I wrote back in 2008 on the Hillary Clinton comments that were just played at House Judiciary Committee hearing, suggesting no due process before deporting immigrants who commit crimes in US web.archive.org/web/20080719...
NOT SO: False claim by Jordan in his opening statement: The "Trump Justice Department" did not change policy to require prosecutors to notify judges when seeking data about lawmakers' calls. The Garland (Biden) Justice Department did that in September 2024. Receipt:
February 11, 2026 at 3:18 PM
NOT SO: False claim by Jordan in his opening statement: The "Trump Justice Department" did not change policy to require prosecutors to notify judges when seeking data about lawmakers' calls. The Garland (Biden) Justice Department did that in September 2024. Receipt:
JUST IN: Interfaith Ailliance sues Trump's Religious Liberty Commission, alleging lack of balance (mostly Christian & 1 Orthodox Jewish) and lack of transparency required by Federal Advisory Committee Act #FACA. Doc: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in The Interfaith Alliance v. Trump (S.D.N.Y., 1:26-cv-01075) – CourtListener.com
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-32381342)Document filed by Sikh American Legal Defense and ...
storage.courtlistener.com
February 10, 2026 at 5:04 PM
JUST IN: Interfaith Ailliance sues Trump's Religious Liberty Commission, alleging lack of balance (mostly Christian & 1 Orthodox Jewish) and lack of transparency required by Federal Advisory Committee Act #FACA. Doc: storage.courtlistener.com/recap/gov.us...
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...