P. Andrew Torrez
@andrewtorrez.bsky.social
11K followers 1.7K following 2.4K posts
HLS '97, ex-BigLaw Practicing lawyer and cohost of the @lawandchaospod.bsky.social podcast with @lizdye.bsky.social READ MY STUFF! lawandchaospod.com LISTEN TO MY STUFF! patreon.com/lawandchaospod he/him
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Reposted by P. Andrew Torrez
annabower.bsky.social
Ro recap: In July, DOJ filed a misconduct complaint against Judge Boasberg. It was based on alleged comments he made at a judicial conference.

"Attachment A" was the only source cited as evidence of the comments.

But, per @lizdye.bsky.social, DOJ never even bothered to file the attachment...
Chief Judge Boasberg's Violations of Judicial Canons The Judicial Conference is the policymaking body of the federal judiciary. It operates strictly as an administrative body, focusing on policy matters related to court operations rather than substantive legal issues or specific cases. Its proceedings are designed to maintain the judiciary's institutional integrity by addressing only systemic administrative concerns that affect the federal court system as a whole, carefully avoiding any discussions that could compromise judicial neutrality or create the appearance of bias toward particular litigants. Common topics of discussion at these meetings include court security, budget, administration, facilities, and issues regarding
probation and pretrial services. On March 11, 2025, at one of the Conference's semiannual meetings, Judge Boasberg disregarded its history, tradition, and purpose to push a wholly unsolicited discussion about "concerns that the Administration would disregard rulings of federal courts, leading to a constitutional crisis."? By singling out a sitting President who was (and remains) a party to dozens of active cases, Judge Boasberg attempted to transform a routine housekeeping agenda into a forum to persuade the Chief Justice and other federal judges of his preconceived belief that the Trump Administration
would violate court orders.
Judge Boasberg's actions not only breached his duties, but they also defied reality and the law. First, the Trump Administration has complied with every court order-including the unlawful orders that appellate courts have subsequently stayed or reversed. Second, federal courts must begin from a "presumption of regularity"-the settled doctrine that executive officials "have properly discharged their official duties" absent clear evidence otherwise. By predicting non- compliance, Judge Boasberg turned that presumption on its head, contradicting both the evidence of past compliance and the governing law. These comments to …
Reposted by P. Andrew Torrez
Reposted by P. Andrew Torrez
nationalsecuritylaw.org
OK, a little context is important here.

The Civil Division Federal Programs Branch is--or was--like the DOJ A-Team for civil litigation. The best of the best. They were the ones who stepped in and handled cases that had nationwide importance or threatened severe consequences for the federal govt.
andrewtorrez.bsky.social
Great Q, too complicated for bsky, will answer on Tuesdays show. Key point here is that FSS remains jointly & severally liable for the SH families debt, so the creditors can attach the assets no matter who owns the liabilities
andrewtorrez.bsky.social
I think it’s just the equity; i.e., the 100% membership interest in FSS, LLC, which is subject to a billion-plus dollars in liability and therefore not salable
Reposted by P. Andrew Torrez
lizdye.bsky.social
Yeah, there have been a few GFYS orders. Judge Young and Judge Cobb, off the top of my head.

@andrewtorrez.bsky.social pulled the memo — judges can order them to move forward, even in a shutdown

www.justice.gov/jmd/media/13...
U.S. Department of Justice FY 2026 Contingency Plan | United States Department of Justice
www.justice.gov
andrewtorrez.bsky.social
What’s weird is that Baldoni’s seems to be winning the PR war, albeit filtered through tabloids and garbage right-wing media sources friendly to Bryan Freedman like Megyn Kelly. It’s truly bizarre.
Reposted by P. Andrew Torrez
nationalsecuritylaw.org
Hey @lizdye.bsky.social @andrewtorrez.bsky.social I found Ellyn Garofalo's missing word
climatebrad.hillheat.com
The @washingtonpost.com's Emma Uber & @teoarmus.bsky.social caught @mayorbowser.dc.gov in a bald-faced lie. On Tuesday, she said "ICE is not patrolling with MPD." Confronted that day with video of ICE patrolling with MPD and abducting people handed to them by MPD, she was forced to change her tune.
During an unrelated news conference Tuesday, when asked to clarify what was happening on the ground between D.C. police and ICE, Bowser said, “I am aware of what’s been happening on the ground and ICE is not patrolling with MPD.”
In follow-up comments later in the day to The Post, Bowser reiterated that D.C. police were not on patrol with federal immigration authorities. “Ask federal immigration, don’t ask us ... they’re not patrolling with us,” she said. “MPD is not giving the federal government anybody.”
The Post shared the videos, police report and DHS statements with the mayor’s office on Tuesday. On Wednesday, the mayor acknowledged that D.C. police have been patrolling with immigration authorities, saying “We never wanted MPD to patrol with Homeland Security agencies, but they are part of the task force, and that should change.” (The Department of Homeland Security includes ICE, Customs and Border Protection, and Homeland Security Investigations.)
andrewtorrez.bsky.social
5/ One plug: Kel is doing this pro bono. If you can support the work he's doing, please throw a couple of bucks towards someone who's been *relentless* doing the hard work in the trenches to hold this administration accountable in all the ways, big and small.

www.nationalsecuritylaw.org/donate
"BECOME A SHADOWY PATRON OF OPENNESS AND ACCOUNTABILITY" donation link
andrewtorrez.bsky.social
4/ We deserve expedited processing. And we think the court is going to give it to us. Even this government has to comply with FOIA & that means actually searching the records and actually turning over what they find.
when a FOIA request is found to warrant expedited processing, the agency may not simply move it to the top of the queue and then proceed as though the request is no different from any other request. It must conduct searches in an expedited manner. It must review responsive records in an expedited manner. It must direct any agencies to which it refers requests to review the referred records in an expedited manner. And it must release records in an expedited manner. Accordingly, absent a court order, Law and Chaos’s request for expedited processing will remain a valid issue in controversy until either: (a) DOJ unilaterally grants its request for expedited processing; or (b) all processing of the responsive record is complete
andrewtorrez.bsky.social
3/ So we filed a Freedom of Information Act request saying, "fine, dipshits, turn over Exhibit A."

And then the government put us on a slow boat to nowhere and said our request for ONE DOCUMENT currently sitting on Pam Bondi's desk merited the "complex" track.

Kel said BET & filed our lawsuit.
andrewtorrez.bsky.social
2/ The issue here is simple: Trump's goons filed an ethics complaint about Judge Boasberg & sent copies around to the press. But they've never released the evidence they say they have to SUPPORT it.

We think that's because their "evidence" is brain droppings from Margot Cleveland at the Federalist.
andrewtorrez.bsky.social
1/ Law & Chaos is suing the Trump Admin to force it to release the "Exhibit A" it claims shows that DC Judge James Boasberg besmirched Trump & violated the canons of judicial ethics.

Today, our lawyer @nationalsecuritylaw.org moved for summary judgment.

storage.courtlistener.com/recap/gov.us...
Law and Chaos has demonstrated that it has a compelling need to be granted expedited processing for its FOIA request. For the reasons described above, Law and Chaos is entitled to partial summary judgment on Count 1 and an order directing DOJ to process its request as soon as practicable. Due to the time sensitivity of this matter, as discussed herein, Law and Chaos further requests that the Court adjudicate this Motion itself expeditiously once briefing has been completed.
andrewtorrez.bsky.social
MORE CASPINO DRAMA!

Flores is really interesting on the merits, too, if you've been following the issues regarding the NFL's chosen arbitrator, who certainly seems to be acting in a not unbiased way.

storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
andrewtorrez.bsky.social
Not the chimp who played third base?
andrewtorrez.bsky.social
3/ If that were to happen - if Halligan failed to turn over "evidence favorable to the defense," a trial court would have wide latitude to craft a remedy up to and including dismissal of the indictment with prejudice.

Not that I think the Comey case is going anywhere near trial.
andrewtorrez.bsky.social
2/ Lindsey Halligan has zero prosecutorial experience. She's leading the US Attorney's office in the fastest-moving "rocket docket" in the country (EDVA).

I am not saying Halligan won't try to act in good faith.

I am saying that even if she *did*, it'd be very easy for her to screw up.
andrewtorrez.bsky.social
1/ This is an excellent point re Comey. Prosecutors have a duty under Brady v. Maryland to turn over potentially exculpatory evidence to the defense.

Every prosecutor I've ever known (especially the conservatives!) takes their Brady obligations very seriously both ethically and professionally.
fincat77.bsky.social
Can you comment on what discovery will look like in this case? Particularly Brady material like McCabe's previous statements? And if Halligan botches it, does that help the expected motions for vindictive and/or selective prosecution?
Reposted by P. Andrew Torrez
lizdye.bsky.social
SCOTUS blessed Kavanaugh Stops, by pretending they were pleasant exchanges with your friendly ICE agent.

Will the conservatives now allow ICE to lock up people for days without probable cause?

h/t @akalhan.bsky.social for coining the phrase

www.lawandchaospod.com/p/scotus-ble...
SCOTUS Blessed "Kavanaugh Stops." Will They Also Give Thumbs Up To "Roberts Residencies?"
Maybe Barrett Bookings? Alito Arrests? Gorsuch Guest Passes?
www.lawandchaospod.com