Marty Lederman
@martylederman.bsky.social
Professor at Georgetown University Law Center; former DOJ/OLC attorney
Pop quiz: What does the briefing in the Birthright Citizenship case (Trump v. Barbara) have in common with "The Fate of Ophelia"?
February 2, 2026 at 2:07 PM
Pop quiz: What does the briefing in the Birthright Citizenship case (Trump v. Barbara) have in common with "The Fate of Ophelia"?
Reposted by Marty Lederman
“This ought to be the final nail in the coffin of congressional Republicans’ breathless efforts to gin up impeachment charges against a judge whose only actual sin, as it turns out, was to decline to roll over when the government defied one of his orders, and then lied about it.”
Me @ “One First”:
Me @ “One First”:
207. The Justice Department Beclowns Itself (Again)
The denouement of DOJ's misconduct complaint against Chief Judge Boasberg provides useful lessons relating to both the Department's continuing misbehavior and the emptiness of calls for impeachment.
www.stevevladeck.com
February 2, 2026 at 12:31 PM
“This ought to be the final nail in the coffin of congressional Republicans’ breathless efforts to gin up impeachment charges against a judge whose only actual sin, as it turns out, was to decline to roll over when the government defied one of his orders, and then lied about it.”
Me @ “One First”:
Me @ “One First”:
Is there a more vivid illustration of the collective impacts of the Trump Administration--and of the Senate's refusal to lift a finger to address the foreseeable cruelty and devastation (e.g., by voting to reject the RFK nomination)?
It appears there is now a measles outbreak at the Dilley family detention facility. www.sacurrent.com/news/san-ant...
Source: Measles outbreak reported at ICE's Dilley family detention facility
DPS troopers stand guard in front of the Dilley detention center during a protest last weekend. After a week of public outcry over the Dilley, Texas South
www.sacurrent.com
February 1, 2026 at 11:35 PM
Is there a more vivid illustration of the collective impacts of the Trump Administration--and of the Senate's refusal to lift a finger to address the foreseeable cruelty and devastation (e.g., by voting to reject the RFK nomination)?
This is silly. Any concerns with using AI in writing articles (I don't, but mostly because of my technological ignorance) don't involve improving the writing and identifying grammatical errors. Would you disclose that you used Westlaw, or spell-check, or your spouse or friend, for such purposes?
I honestly and sincerely appreciate this disclosure. It tells me I don’t need to waste my time in this article. (It may be valuable. It may not be valuable. But if the writers don’t care enough about cleaning up their writing without AI I don’t care enough to read it.)
February 1, 2026 at 3:02 PM
This is silly. Any concerns with using AI in writing articles (I don't, but mostly because of my technological ignorance) don't involve improving the writing and identifying grammatical errors. Would you disclose that you used Westlaw, or spell-check, or your spouse or friend, for such purposes?
Not your everyday judicial order to the federal government.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
February 1, 2026 at 1:34 PM
Not your everyday judicial order to the federal government.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
It's difficult to overstate what a brutal and unequivocal rebuke this is, by a very sober and respected judge, of deeply unprofessional and meritless conduct by the AG. It begins by pointing out that DOJ offered no evidence at all to support its claim--even after being requested to do so-- ... [1]
We finally know what happened to DOJ's (frivolous) misconduct complaint against Chief Judge Boasberg:
It was transferred by Chief Justice Roberts from the D.C. Circuit to Sixth Circuit Chief Judge Jeff Sutton, and Sutton dismissed it in a ... direct ... memorandum and order just two weeks later:
It was transferred by Chief Justice Roberts from the D.C. Circuit to Sixth Circuit Chief Judge Jeff Sutton, and Sutton dismissed it in a ... direct ... memorandum and order just two weeks later:
www.opn.ca6.uscourts.gov
January 31, 2026 at 9:58 PM
It's difficult to overstate what a brutal and unequivocal rebuke this is, by a very sober and respected judge, of deeply unprofessional and meritless conduct by the AG. It begins by pointing out that DOJ offered no evidence at all to support its claim--even after being requested to do so-- ... [1]
In case you haven't seen it, here's the grand jury indictment of Don Lemon, Georgia Fort and others.
d3i6fh83elv35t.cloudfront.net/static/2026/...
d3i6fh83elv35t.cloudfront.net/static/2026/...
January 31, 2026 at 5:40 PM
In case you haven't seen it, here's the grand jury indictment of Don Lemon, Georgia Fort and others.
d3i6fh83elv35t.cloudfront.net/static/2026/...
d3i6fh83elv35t.cloudfront.net/static/2026/...
Reposted by Marty Lederman
A reminder that she was in her early 20s when she completely upturned the world of sketch comedy, creating literally dozens of characters and inhabiting dozens more celebrities with her look and voice.
January 30, 2026 at 6:26 PM
A reminder that she was in her early 20s when she completely upturned the world of sketch comedy, creating literally dozens of characters and inhabiting dozens more celebrities with her look and voice.
Anyone seen a copy of the Lemon/Fort indictment? If so, please link, thanks.
January 30, 2026 at 4:20 PM
Anyone seen a copy of the Lemon/Fort indictment? If so, please link, thanks.
Oral argument in the birthright citizenship case will be held on Wednesday, April 1. (for real--no April Fool's reference intended)
January 30, 2026 at 4:13 PM
Oral argument in the birthright citizenship case will be held on Wednesday, April 1. (for real--no April Fool's reference intended)
Imagine being the DOJ lawyer assigned to draft the Motion to Dismiss. Should it begin?: "My boss, in his personal capacity, lacks standing to sue because, in his official capacity, he has the power to direct the IRS to pay him 10 billion dollars." hmm ...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
January 30, 2026 at 5:18 AM
Imagine being the DOJ lawyer assigned to draft the Motion to Dismiss. Should it begin?: "My boss, in his personal capacity, lacks standing to sue because, in his official capacity, he has the power to direct the IRS to pay him 10 billion dollars." hmm ...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
What to say? Even knowing of this suit, the SCOTUS is going to issue an opinion in Slaughter saying that "Under our Constitution, the 'executive Power—all of it--is 'vested in a President.'"
sigh
storage.courtlistener.com/recap/gov.us...
sigh
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
January 30, 2026 at 4:17 AM
What to say? Even knowing of this suit, the SCOTUS is going to issue an opinion in Slaughter saying that "Under our Constitution, the 'executive Power—all of it--is 'vested in a President.'"
sigh
storage.courtlistener.com/recap/gov.us...
sigh
storage.courtlistener.com/recap/gov.us...
Not surprisingly in light of the author, this is a very important paper.
If you're interested in "slush funds" and Congress's power of the purse, which is of course timely as hell, but want an analysis that goes beyond [waves around at all this], see my new piece on SSRN: papers.ssrn.com/sol3/papers....
January 29, 2026 at 4:22 PM
Not surprisingly in light of the author, this is a very important paper.
quiet part aloud ... ("in theater")
Q: Can you be specific about how many ICE and CBP agents are currently operating in the state?
HOMAN: 3,000. There's been some rotations. They've been in theater a long time. Day after day, can't eat in restaurants, people spin on you, blowing whistles at you. But my main focus now is draw down
HOMAN: 3,000. There's been some rotations. They've been in theater a long time. Day after day, can't eat in restaurants, people spin on you, blowing whistles at you. But my main focus now is draw down
January 29, 2026 at 3:41 PM
quiet part aloud ... ("in theater")
January 29, 2026 at 11:32 AM
I probably shouldn't, but ... the Ed Whelan/Harmeet Dhillon dust up over on X is revealing about just how far the Republican Party (its DOJ, in particular) has somehow descended since the Bush 43 administration.
January 28, 2026 at 12:55 PM
I probably shouldn't, but ... the Ed Whelan/Harmeet Dhillon dust up over on X is revealing about just how far the Republican Party (its DOJ, in particular) has somehow descended since the Bush 43 administration.
Today's the deadline for filing of topside amicus briefs in the birthright citizenship case. It's noteworthy how many of them--and, more importantly, the SG's brief--argue that the Court should adopt the views of the *dissenting* two Justices in Wong Kim Ark, ... [1]
January 27, 2026 at 10:24 PM
Today's the deadline for filing of topside amicus briefs in the birthright citizenship case. It's noteworthy how many of them--and, more importantly, the SG's brief--argue that the Court should adopt the views of the *dissenting* two Justices in Wong Kim Ark, ... [1]
Recalling what a decent and humane President sounds like.
The killing of Alex Pretti is a heartbreaking tragedy. It should also be a wake-up call to every American, regardless of party, that many of our core values as a nation are increasingly under assault.
January 26, 2026 at 2:46 AM
Recalling what a decent and humane President sounds like.
In which John Yoo effectively acknowledges that the U.S. breached the UN Charter when it used force to capture Maduro, and uses that event to urge a U.S.-led campaign to repeal the Charter's prohibition on use of force ... [1]
www.theatlantic.com/ideas/2026/0...
www.theatlantic.com/ideas/2026/0...
International Law Is Holding Democracies Back
The United States should use this moment to argue for a different approach to the rules of war.
www.theatlantic.com
January 25, 2026 at 5:28 PM
In which John Yoo effectively acknowledges that the U.S. breached the UN Charter when it used force to capture Maduro, and uses that event to urge a U.S.-led campaign to repeal the Charter's prohibition on use of force ... [1]
www.theatlantic.com/ideas/2026/0...
www.theatlantic.com/ideas/2026/0...
It's important to understand that the extortion plan (both in terms of funding withdrawals and revocation of student visas) has been extraordinarily effective *even though* virtually every court to consider such cases has held that they're unlawful. [1]
www.nytimes.com/2026/01/21/u...
www.nytimes.com/2026/01/21/u...
Investigations and a Billion-Dollar ‘Shakedown’: How Trump Targeted Higher Education
www.nytimes.com
January 24, 2026 at 5:22 PM
It's important to understand that the extortion plan (both in terms of funding withdrawals and revocation of student visas) has been extraordinarily effective *even though* virtually every court to consider such cases has held that they're unlawful. [1]
www.nytimes.com/2026/01/21/u...
www.nytimes.com/2026/01/21/u...
Trump's Justice Department has "weaponized the criminal justice system ... in ways that have not been seen in a generation"?
In a generation?! I was around a generation ago. I can guarantee you ...
www.nytimes.com/2026/01/22/u...
In a generation?! I was around a generation ago. I can guarantee you ...
www.nytimes.com/2026/01/22/u...
4 Takeaways From Jack Smith’s Testimony Before Lawmakers
www.nytimes.com
January 23, 2026 at 12:23 AM
Trump's Justice Department has "weaponized the criminal justice system ... in ways that have not been seen in a generation"?
In a generation?! I was around a generation ago. I can guarantee you ...
www.nytimes.com/2026/01/22/u...
In a generation?! I was around a generation ago. I can guarantee you ...
www.nytimes.com/2026/01/22/u...
A remarkable speech, the likes of which most of us never imagined we'd possibly hear in our lifetimes. The Great Rupture appears to be upon us. It's shocking, and deeply distressing, that the political party controlling our Congress appears not to care at all.
www.youtube.com/live/JtF630g...
www.youtube.com/live/JtF630g...
LIVE: PM Carney delivers special address at World Economic Forum
YouTube video by CTV News
www.youtube.com
January 20, 2026 at 6:20 PM
A remarkable speech, the likes of which most of us never imagined we'd possibly hear in our lifetimes. The Great Rupture appears to be upon us. It's shocking, and deeply distressing, that the political party controlling our Congress appears not to care at all.
www.youtube.com/live/JtF630g...
www.youtube.com/live/JtF630g...
It’s so brazen and overwhelming that no one even bothers to bring the meritorious Emoluments Clause claims that dominated 2017.
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
Opinion | How Trump Has Used the Presidency to Make at Least $1.4 Billion
The president took an oath to serve the American people. Instead, he’s focused his second term on enriching himself and his family.
www.nytimes.com
January 20, 2026 at 3:46 PM
It’s so brazen and overwhelming that no one even bothers to bring the meritorious Emoluments Clause claims that dominated 2017.
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
The Court's decision today in Coney Island is further illustration of which Justice most frequently disregards the so-called "party presentation" rule.
January 20, 2026 at 3:09 PM
The Court's decision today in Coney Island is further illustration of which Justice most frequently disregards the so-called "party presentation" rule.