Josh Gerstein
@joshgerstein.bsky.social
Sr. Legal Affairs Reporter, @POLITICO
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. DM for signal
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. DM for signal
My take on AP White House access arguments today at DC Circuit: not too suspenseful since Katsas & Rao already issued stay allowing Trump to keep blocking AP access to the Oval and AF1. They seemed surprised DOJ wasn't pushing harder to get AP out of East Room, too www.politico.com/newsletters/...
November 25, 2025 at 4:27 AM
My take on AP White House access arguments today at DC Circuit: not too suspenseful since Katsas & Rao already issued stay allowing Trump to keep blocking AP access to the Oval and AF1. They seemed surprised DOJ wasn't pushing harder to get AP out of East Room, too www.politico.com/newsletters/...
JUST IN: DHS drops subpoena directed to Meta/Instagram over alleged doxxing of CBP personnel. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
MetaSubpoena112425
www.documentcloud.org
November 25, 2025 at 2:39 AM
JUST IN: DHS drops subpoena directed to Meta/Instagram over alleged doxxing of CBP personnel. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
BREAKING: 23-year DOJ veteran fired after being caught in video sting predicting partisan handling of Epstein files sues to regain job. Joseph Schnitt says firing violates 1st Amendment because his comments were intended to be private www.politico.com/news/2025/11...
Former DOJ official whose remarks about Epstein files were recorded sues over firing
In the lawsuit, Joseph Schnitt claims he was secretly recorded during private conversations with a woman he met on Hinge.
www.politico.com
November 25, 2025 at 1:36 AM
BREAKING: 23-year DOJ veteran fired after being caught in video sting predicting partisan handling of Epstein files sues to regain job. Joseph Schnitt says firing violates 1st Amendment because his comments were intended to be private www.politico.com/news/2025/11...
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
Complaint – #1 in United States v. State of Minnesota (D. Minnesota, 0:25-cv-03798) – CourtListener.com
COMPLAINT against City of Minneapolis, Minnesota, City of St. Paul, Minnesota, Keith Ellison, Hennepin County, Minnesota, State of Minnesota, Dawanna S. Witt filed by United States of America. No summ...
storage.courtlistener.com
November 24, 2025 at 10:18 PM
RECUSAL WATCH: Judge Jeffrey Bryan (Biden) recuses from Trump DOJ suit v. Minnesota and Minneapolis over sanctuary laws. Re-assigned to Judge Kate Menendez (Biden). Complaint: storage.courtlistener.com/recap/gov.us...
BREAKING🚨🚨🚨: Judge rules Trump pick Lindsey Halligan illegally appointed to US Attorney post, dismisses Comey & James cases. But "without prejudice," so they could be refiled although Comey's attorneys say statute of limitations has run. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
Comey, James cases dismissed as judge disqualifies interim US attorney Lindsey Halligan
A judge concluded Halligan’s appointment violated laws that limit the ability of DOJ to install top prosecutors without Senate confirmation.
www.politico.com
November 24, 2025 at 5:54 PM
BREAKING🚨🚨🚨: Judge rules Trump pick Lindsey Halligan illegally appointed to US Attorney post, dismisses Comey & James cases. But "without prejudice," so they could be refiled although Comey's attorneys say statute of limitations has run. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
JUST IN: DOJ petition seeking unsealing of Florida-based Epstein grand jury records is transferred from Judge Robin Rosenberg (Obama) to Judge Rodney Smith (Trump). Earlier: www.politico.com/news/2025/11...
DOJ makes a new attempt to unseal Epstein grand jury records
Though federal law typically requires grand jury material to remain secret, DOJ officials say the new law Trump signed ordering the files’ release supersedes those restrictions.
www.politico.com
November 24, 2025 at 3:33 PM
JUST IN: DOJ petition seeking unsealing of Florida-based Epstein grand jury records is transferred from Judge Robin Rosenberg (Obama) to Judge Rodney Smith (Trump). Earlier: www.politico.com/news/2025/11...
JUST IN: #SCOTUS denies review of Beck v. US, seeking to overturn Feres doctrine, barring tort suits against military by servicemembers/next of kin. Thomas/Gorsuch dissent. Sotomayor agrees w/Thomas but votes not to review & cites stare decisis. PDF p 16 here: www.supremecourt.gov/orders/court...
www.supremecourt.gov
November 24, 2025 at 2:55 PM
JUST IN: #SCOTUS denies review of Beck v. US, seeking to overturn Feres doctrine, barring tort suits against military by servicemembers/next of kin. Thomas/Gorsuch dissent. Sotomayor agrees w/Thomas but votes not to review & cites stare decisis. PDF p 16 here: www.supremecourt.gov/orders/court...
JUST IN: #SCOTUS denies review in Ateba v. Leavitt, journalist challenging denial of White House press pass based on failure to obtain Congressional one. DC Circuit found no First Amendment violation www.supremecourt.gov/orders/court...
www.supremecourt.gov
November 24, 2025 at 2:50 PM
JUST IN: #SCOTUS denies review in Ateba v. Leavitt, journalist challenging denial of White House press pass based on failure to obtain Congressional one. DC Circuit found no First Amendment violation www.supremecourt.gov/orders/court...
UPDATE: Alito orders response by Monday 5 P.M. ET
BREAKING: Texas asks #SCOTUS to block lower-court order halting state's new congressional map aimed at adding 5 GOP seats. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/11...
25A608
www.documentcloud.org
November 22, 2025 at 12:07 AM
UPDATE: Alito orders response by Monday 5 P.M. ET
BREAKING: Texas asks #SCOTUS to block lower-court order halting state's new congressional map aimed at adding 5 GOP seats. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/11...
25A608
www.documentcloud.org
November 21, 2025 at 11:48 PM
BREAKING: Texas asks #SCOTUS to block lower-court order halting state's new congressional map aimed at adding 5 GOP seats. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/11...
JUST IN: Federal judge blocks Trump DOJ's subpoena to CHOP (Children's Hosp of Philadelphia) for patient records of trans-related health care for minors. Judge Mark Kearney (Obama/PAED) says demand is overbroad and appears illegitimate. Doc: storage.courtlistener.com/recap/gov.us...
Memorandum and/or Opinion – #43 in IN RE: SUBPOENA NO. 25-1431-014 (E.D. Pa., 2:25-mc-00039) – CourtListener.com
Memorandum and/or Opinion
storage.courtlistener.com
November 21, 2025 at 10:20 PM
JUST IN: Federal judge blocks Trump DOJ's subpoena to CHOP (Children's Hosp of Philadelphia) for patient records of trans-related health care for minors. Judge Mark Kearney (Obama/PAED) says demand is overbroad and appears illegitimate. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: At hearing in criminal case against National Security Adviser John Bolton, prosecutor raises possibility of 'potential other charges'
November 21, 2025 at 3:26 PM
JUST IN: At hearing in criminal case against National Security Adviser John Bolton, prosecutor raises possibility of 'potential other charges'
DEPORTATION HITCH: Trump drive to re-deport Kilmar Abrego Garcia hits hurdle over 2019 'mistake.' Lack of final deportation order could allow him to re-open asylum claim. 'You can’t fake it til you make it. You got to have it,' says Judge Xinis (Obama/MD)
www.politico.com/news/2025/11...
www.politico.com/news/2025/11...
An immigration court error 6 years ago could lead to release of Kilmar Abrego Garcia
A judge said the Trump administration’s bid to deport the Salvadoran man could be tripped up by 2019 “mistake.”
www.politico.com
November 21, 2025 at 1:22 AM
DEPORTATION HITCH: Trump drive to re-deport Kilmar Abrego Garcia hits hurdle over 2019 'mistake.' Lack of final deportation order could allow him to re-open asylum claim. 'You can’t fake it til you make it. You got to have it,' says Judge Xinis (Obama/MD)
www.politico.com/news/2025/11...
www.politico.com/news/2025/11...
JUST IN: Judge Sara Ellis (Obama/ILND) issues 233(!)-page opinion backing the now-stayed preliminary injunction she issued limiting federal tactics in response to anti-ICE protests in Illinois. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/newsletters/...
HeadlineOrder112025
www.documentcloud.org
November 20, 2025 at 8:06 PM
JUST IN: Judge Sara Ellis (Obama/ILND) issues 233(!)-page opinion backing the now-stayed preliminary injunction she issued limiting federal tactics in response to anti-ICE protests in Illinois. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/newsletters/...
BREAKING: Anonymous 7th Circuit judge(s) block district judge's order forcing releases of some immigration detainees in Illinois. Appeals court will hear argument on stay Dec. 2. Doc: www.documentcloud.org/documents/26... Earlier via @ShiaKapos www.politico.com/news/2025/11...
CastanonCA7Ord112025
www.documentcloud.org
November 20, 2025 at 5:32 PM
BREAKING: Anonymous 7th Circuit judge(s) block district judge's order forcing releases of some immigration detainees in Illinois. Appeals court will hear argument on stay Dec. 2. Doc: www.documentcloud.org/documents/26... Earlier via @ShiaKapos www.politico.com/news/2025/11...
JUST IN: Judge rejects cross-motions for summary judgment in Stanford Daily suit over 1st Amendment impact of Trump policies on deporting students/academics. Noel Wise (Biden/CAND) sees standing issues & facts in dispute. Doc: www.documentcloud.org/documents/26...
StanfordDailyOrd112025
www.documentcloud.org
November 20, 2025 at 5:26 AM
JUST IN: Judge rejects cross-motions for summary judgment in Stanford Daily suit over 1st Amendment impact of Trump policies on deporting students/academics. Noel Wise (Biden/CAND) sees standing issues & facts in dispute. Doc: www.documentcloud.org/documents/26...
JUST IN: 9th Cir. chief judge, acting solo, grants administrative stay of ruling that would defederalize Nat. Guard troops Trump sought to use for immigration enforcement support in OR. Puts case on pause pending #SCOTUS ruling on similar issue in IL. Doc: www.documentcloud.org/documents/26...
ORNatGuardCA9Ord111925
www.documentcloud.org
November 19, 2025 at 11:29 PM
JUST IN: 9th Cir. chief judge, acting solo, grants administrative stay of ruling that would defederalize Nat. Guard troops Trump sought to use for immigration enforcement support in OR. Puts case on pause pending #SCOTUS ruling on similar issue in IL. Doc: www.documentcloud.org/documents/26...
UPDATE: So, it appears Comey grand jury may have left by the time 2nd version of the indictment was brought to the foreperson and deputy. But DOJ says no harm, no foul because jury already approved those counts. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/11...
November 19, 2025 at 11:02 PM
UPDATE: So, it appears Comey grand jury may have left by the time 2nd version of the indictment was brought to the foreperson and deputy. But DOJ says no harm, no foul because jury already approved those counts. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2025/11...
BREAKING: 7th Circuit stays Judge Ellis' order reining in federal tactics towards anti-ICE protests in Illinois. 'Overbroad' & limits on use of riot control devices 'resemble[] a federal regulation.' Judges Brennan/Easterbrook/Scudder (Trump/Reagan/Trump) Doc: www.documentcloud.org/documents/26...
HeadlineStayCA7111925
www.documentcloud.org
November 19, 2025 at 8:19 PM
BREAKING: 7th Circuit stays Judge Ellis' order reining in federal tactics towards anti-ICE protests in Illinois. 'Overbroad' & limits on use of riot control devices 'resemble[] a federal regulation.' Judges Brennan/Easterbrook/Scudder (Trump/Reagan/Trump) Doc: www.documentcloud.org/documents/26...
BREAKING: Big trouble for government in Comey case as judge zeroes in on failure to present final indictment to grand jury. Judge Nachmanoff also called Halligan to the lectern, prompting her first substantive public comments on the case. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
Comey case hanging by a thread as judge squeezes DOJ over Halligan’s handling
The judge also appeared puzzled after a lead prosecutor said he couldn’t reveal whether career attorneys initially recommended against charging the former FBI director.
www.politico.com
November 19, 2025 at 6:08 PM
BREAKING: Big trouble for government in Comey case as judge zeroes in on failure to present final indictment to grand jury. Judge Nachmanoff also called Halligan to the lectern, prompting her first substantive public comments on the case. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
BIRMINGHAM BROUHAHA: Trump seeks to revive sprawling lawsuit v. Hillary Clinton & Comey over 2016 Russian collusion claims. 11th Circuit also mulls $1M penalty judge imposed on Trump & Habba for 'frivolous' litigation www.politico.com/news/2025/11...
Appeals court panel mulls $1M penalty for Trump in lawsuit against Hillary Clinton
One of the judges said the president’s effort to revive the lawsuit his one-time personal attorney Alina Habba brought violated federal court rules.
www.politico.com
November 19, 2025 at 3:43 AM
BIRMINGHAM BROUHAHA: Trump seeks to revive sprawling lawsuit v. Hillary Clinton & Comey over 2016 Russian collusion claims. 11th Circuit also mulls $1M penalty judge imposed on Trump & Habba for 'frivolous' litigation www.politico.com/news/2025/11...
JUST IN: Hunter Biden asks judge to award $33 million in punitive damages against Overstock founder Patrick Byrne for defaulting in defamation suit Biden filed. Doc: storage.courtlistener.com/recap/gov.us...
Default Judgment – #350 in Robert Hunter Biden v. Patrick M. Byrne (C.D. Cal., 2:23-cv-09430) – CourtListener.com
Default Judgment
storage.courtlistener.com
November 19, 2025 at 1:37 AM
JUST IN: Hunter Biden asks judge to award $33 million in punitive damages against Overstock founder Patrick Byrne for defaulting in defamation suit Biden filed. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Trump admin agrees not to repaint or powerwash Eisenhower Executive Office Building through Dec. 31, allowing judge more time to consider lawsuit opposing repainting plan. Doc:
www.documentcloud.org/documents/26...
www.documentcloud.org/documents/26...
EEOBHellerDec111825
www.documentcloud.org
November 19, 2025 at 1:37 AM
JUST IN: Trump admin agrees not to repaint or powerwash Eisenhower Executive Office Building through Dec. 31, allowing judge more time to consider lawsuit opposing repainting plan. Doc:
www.documentcloud.org/documents/26...
www.documentcloud.org/documents/26...
BREAKING🚨🚨🚨: Judges strike down new Texas Congressional maps adopted at Trump's urging. Trump appointee Jeffrey Brown cites Chief Justice Roberts & finds process was driven by racial considerations urged by Trump DOJ. w/@kyledcheney @andrewjfhoward www.politico.com/news/2025/11...
In blow to Trump, federal judges block new Texas congressional map
The decision is a massive blow in the White House’s push to redistrict across the country.
www.politico.com
November 18, 2025 at 6:43 PM
BREAKING🚨🚨🚨: Judges strike down new Texas Congressional maps adopted at Trump's urging. Trump appointee Jeffrey Brown cites Chief Justice Roberts & finds process was driven by racial considerations urged by Trump DOJ. w/@kyledcheney @andrewjfhoward www.politico.com/news/2025/11...
JUST IN: Appeals court upholds ruling tossing out Trump libel suit against CNN for calling his approach to 2020 election a 'Big Lie.' Branch & Newsom (Trump) agree w/Jordan (Obama). Any guesses who filed the suit? Lindsey Halligan. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...
Appeals court panel rejects Trump’s ‘Big Lie’ defamation lawsuit against CNN
The three-judge panel, which included two Trump appointees, said the network’s use of the term didn’t amount to defamation.
www.politico.com
November 18, 2025 at 5:55 PM
JUST IN: Appeals court upholds ruling tossing out Trump libel suit against CNN for calling his approach to 2020 election a 'Big Lie.' Branch & Newsom (Trump) agree w/Jordan (Obama). Any guesses who filed the suit? Lindsey Halligan. w/ @kyledcheney.bsky.social www.politico.com/news/2025/11...