Gabriel Malor
@gabrielmalor.bsky.social
18K followers 190 following 8.8K posts
Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. [email protected]
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Reposted by Gabriel Malor
brendannyhan.bsky.social
Is the mad king watching the History Channel or is this somehow part of the Kash Patel/Bongino clown show?
cnn.com
CNN @cnn.com · 12h
The Trump administration has ordered FBI employees in Washington, DC, to immediately search their workstations and digital media for any records pertaining to the disappearance of Amelia Earhart, a law enforcement source told CNN.
FBI employees ordered to immediately search for records related to Amelia Earhart, source says | CNN Politics
The Trump administration has ordered FBI employees in Washington, DC, to immediately search their workstations and digital media for any records pertaining to the disappearance of Amelia Earhart, a la...
www.cnn.com
Reposted by Gabriel Malor
orinkerr.bsky.social
CA7: Under circuit precedent, homeowner can't sue under the Takings Clause for damage to house caused by execution of a search warrant there.
media.ca7.uscourts.gov/cgi-bin/Opin... #N
Reposted by Gabriel Malor
helenkennedy.bsky.social
Another indication that these people are terminally online and increasingly disconnected from the real world.
willoremus.com
Obviously not the main point here, but it's interesting how this is framed as content rather than policy.

"BREAKING" is typically what journalists or influencers say when they have a big story -- not what government officials say when they launch "undercover" operations
gabrielmalor.bsky.social
Bill Belichick and Hulu's documentary to chronicle his first year at UNC has been canceled. Heh.

www.msn.com/en-us/sports...
MSN
www.msn.com
gabrielmalor.bsky.social
The constitutional remedy for a president who is using public money contrary to congressional appropriations is impeachment, removal, and disqualification.

(And would have, before Justice Roberts got a bright idea, led to eventual criminal charges.)
peark.es
Well that's not how appropriations work at all

*WHITE HOUSE TO TRANSFER TARIFF REVENUE TO FUND WIC: LEAVITT
Reposted by Gabriel Malor
jamiedupree.bsky.social
2:15 pm - Speaker Johnson says Rep.-elect Adelita Grijalva D-AZ can be sworn in 'as soon as she wants.'

Two hours later, GOP tells reporters Grijalva won't be sworn in until the government shutdown is over.
gabrielmalor.bsky.social
This. And it applies to more than just the birthright citizenship EO. The SCOTUS majority keeps allowing Trump's lawless actions to proceed during litigation, most often without any explanation, and despite hundreds of pages of factfinding and analysis in the lower courts that SCOTUS just ignores.
thebulwark.com
Why are the courts having to slog through so much federal litigation over Trump’s executive order? Because the far-right majority on the U.S. Supreme Court has refused to shut it down.
Courts Keep Smacking Down Trump’s Lawless Attempt to End Birthright Citizenship
But he keeps plugging away—believing his allies on the Supreme Court will ultimately side with him.
www.thebulwark.com
Reposted by Gabriel Malor
noupside.bsky.social
“Who was president in 2020?” is the question of our time
Senator Jim Banks V
@SenatorBanks
Follow g..
The 2020 Census was a fraud. The Biden admin used a shady "privacy" formula that scrambled the data and miscounted 14 states.
It included illegal immigrants and handed
Democrats extra seats. Americans deserve a fair count and l'm fighting to fix it.
Zinited Statcs SScnate
MASHNORON DEYNN
October 6, 2025
an. Thow arewutn
Socretary
U.S. Department of Commerce Washington, DXC 20230
Dear Secretary Lutaick:
I urge you to investigate and correct erroes from the 2020 Census that handed disproportionntd political power to Democrats and illogal alicns. The Census Burcau adoptod a now and opaque
voting districts. As preparod by the Biden administration, the 2020 Censas roports miscountod the population of fourteen states, ' wrongly allocating six congressional scats aod Electoral
xx conwuu tmora uy, toc taroro tu mot đoo tnn Cunu lc pung t imber of votine districts. And the reoorts de aniovety inchaded ilecnl nhens widhout track those aliens' citiz enship status, If left uncorrected, these erroes will coetinue diluting the political power of American citizens.
Consus data plays a crucial role in allocating political roprescntation and goverment funding
Under the Constitution, cach state gets Congressional represcotutives and Electoeal College votes- based on "the whole number of persons" within the state." The number of persoes is in
tum clabaabod by a consttubocalty-mandalcd dcccacaal ccavas. Pcual agcco nely on census data to allocate billions of dollars in federal funding, much of which hinges ee opulation. And states use consus data to deaw congrossicnal and voting districts, »hich the
The it eiy of tie soaren alie n tor dur at ce hor inc ae oam toy ee n
nght wilbout statsica ly signilicant ciroo.
Diffcrcntial privacy is opaque and liable to mistakcn count totals. Sure cnough, the 2020 Ccnsus ovarocunted the noculation in cicht states and undercounted it in six." Tihe most extrcmi andercount was Arkansas, at 5.04%, and the larg…
gabrielmalor.bsky.social
(Virginia Democrats are not actually in crisis. This is Axios being Axios. We will revisit after election day.)
memeorandum.com
Jay Jones scandal throws Virginia Democrats into crisis (Sabrina Moreno/Axios)

Main Link | memeorandum Permalink
gabrielmalor.bsky.social
Yes. I assume he insisted.
gabrielmalor.bsky.social
4th Cir. holds it was no prejudicial error for jury to consider evidence of Nazi memorabilia possessed by a man accused of racially motivated assaults on a Mexican-American man and a black man, particularly after defendant mentioned his collection on the stand.

www.ca4.uscourts.gov/opinions/244...
This case, however, is about hate crimes, not hate speech. Violent physical assaults
are “not by any stretch of the imagination expressive conduct protected by the First
Amendment.” Wisconsin v. Mitchell, 508 U.S. 476, 484 (1993). And it is well established
that Congress may account for racially discriminatory motives when penalizing criminal
conduct, as it did in the hate crimes laws at issue here. See id. at 487–88 (upholding a law
that imposed enhanced penalties for crimes committed “because of” race). While Hudak
was entitled to possess despicable Nazi symbols, the jury was entitled to consider that fact
when deciding whether he assaulted J.D. and J.S. because of their race, color, and national
origin.
How much meaning to assign the Nazi memorabilia was ultimately a question of
weight, not admissibility. But we see no abuse of discretion in the district court’s
conclusion that Hudak “opened the door to it[],” regardless of whether it would initially
have been admissible. Birchette, 908 F.3d at 61.
gabrielmalor.bsky.social
Sometimes when a case has a particularly lengthy or complicated history (like remands or MTRs), a graphic like this is an aid to the reader.

Here, it's just like: look, the most ordinary, almost streamlined (just five months before the Board in 2024!) procedural history for a removal case.
gabrielmalor.bsky.social
Don't think I've seen this before, at least not in a case with such an ordinary timeline.

Judge Tymkovich offers a graphic detailing the administrative procedural history in an immigration case that spans a relatively short Dec. 15, 2022 to Oct. 24, 2024.

www.ca10.uscourts.gov/sites/ca10/f...
The full procedural history, now spanning approximately three years with this
appeal, is visually depicted below:
Reposted by Gabriel Malor
audrelawdamercy.bsky.social
"Body-camera video of a Border Patrol agent involved in the shooting of a woman who was allegedly chasing agents in Brighton Park over the weekend shows an officer saying, “Do something, bitch” before pulling over and shooting the woman 5 times, the woman’s attorney said in federal court Monday" omg
Reposted by Gabriel Malor
bradheath.bsky.social
The Trump appointee accusing the president’s political foes of mortgage fraud skipped over his agency’s inspector general when making criminal referrals,, bypassing rules meant to ensure that federal officials don’t abuse their power for partisan purposes.

www.reuters.com/world/us/tru...
Reposted by Gabriel Malor
qjurecic.bsky.social
Same thing happened in LA, same thing happened in DC: prosecutors charged people with assaulting a federal officer and then furiously backpedaled when the evidence didn’t support it
Reposted by Gabriel Malor
chrisgeidner.bsky.social
"We live in a country with a First Amendment."

This is really a failure to train, plaintiffs' lawyer says, noting a point raised often that so many of these federal officials are not appropriately trained for what amounts to community-based policing.
Reposted by Gabriel Malor
matthewstiegler.bsky.social
A top Trump official accusing federal district court judges, "as a class," of engaging in insurrection is a profoundly dangerous development.
matthewstiegler.bsky.social
❗❗❗

Stephen Miller: "It's simply a factually accurate statement that when a judge assumes for him- or herself the powers that have been relegated or delegated by the Constitution to the president, that that is a form of illegal insurrection." ...
atrupar.com
Q: You called the judge's ruling 'legal insurrection.' Are you recommending the president take action against judges who rule against him?

STEPHEN MILLER: No. It's simply a factually accurate statement
gabrielmalor.bsky.social
MSNBC is reporting that a top prosecutor in USAO-EDVA plans to tell new interim U.S. Attorney Lindsey Halligan that there is no probable cause to charge New York AG Letitia James for mortgage fraud.

www.msnbc.com/msnbc/news/t...
Top prosecutor is rejecting Trump pressure to charge New York AG
A key federal prosecutor in Virginia, where James Comey was indicted, is resisting bringing charges against Letitia James.
www.msnbc.com
gabrielmalor.bsky.social
This is frustrating. Trump is rushing troops to Illinois for exact the purpose of outpacing the judiciary. Just as they rushed deportations. A TRO is an appropriate tool to issue to ensure the status quo continues for up to fourteen days. She does not need to wait for the administration's reponse.
jonseidel.bsky.social
Still, Perry says the Trump administration deserves a chance to read the complaint. And so does she.

Perry tells Hamilton the "deadline to respond in writing" is Wednesday at midnight.
gabrielmalor.bsky.social
Oh, that's an interesting thought. Here, though, the dissenting judge uses she/her. I would imagine it was in the inmate's briefing.
Reposted by Gabriel Malor
tusk81.bsky.social
“… the data out of Montgomery County, Maryland makes one thing unmistakably clear: this crusade is not a mass movement. It’s the obsession of a vanishingly small minority …”
erininthemorning.com
1. 4 months ago, The Supreme Court gave families a right to opt out of LGBTQ+ education in schools.

Now, in Montgomery County, Maryland, where the case originated, the results are in.

Only 43 families out of 160,000 students have exercised that new right.

Subscribe to support our journalism.
Only 0.03% Opt Out Of LGBTQ+ Education In Maryland After SCOTUS Gives Them A Right To
After SCOTUS gave families a right to opt out of LGBTQ+ education, Montgomery County, Maryland is reporting only 43 families took them up on it.
www.erininthemorning.com