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
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...
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/...