Josh Gerstein
@joshgerstein.bsky.social
Sr. Legal Affairs Reporter, @POLITICO
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46
Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46
Looks like a variant of what conservatives have long decried as a collusive "sue and settle." Also the consent decree has not been approved by the judge yet. @ACLUVA is seeking to block it on behalf of so-called dreamers. Doc: www.documentcloud.org/documents/26... Judge Robert Payne (GHWBush)
January 2, 2026 at 5:53 AM
Looks like a variant of what conservatives have long decried as a collusive "sue and settle." Also the consent decree has not been approved by the judge yet. @ACLUVA is seeking to block it on behalf of so-called dreamers. Doc: www.documentcloud.org/documents/26... Judge Robert Payne (GHWBush)
(NOT) DEVELOPING OVERNIGHT: 1st Circuit blows off Trump admin demand for order by 12/31 midnight allowing it to proceed with new prescription drug price negotiation program halted by federal judge. DOJ motion:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
#00108385034 in American Hospital Association v. Kennedy (1st Cir., 25-2236) – CourtListener.com
EMERGENCY MOTION to stay injunction pending appeal and for administrative stay filed by Appellants Thomas J. Engels, Health Resources & Services Administration, Robert F. Kennedy, Jr., United States D...
storage.courtlistener.com
January 1, 2026 at 6:05 PM
(NOT) DEVELOPING OVERNIGHT: 1st Circuit blows off Trump admin demand for order by 12/31 midnight allowing it to proceed with new prescription drug price negotiation program halted by federal judge. DOJ motion:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
JUST IN: Abrego Garcia lawyers press TN fed judge to sanction feds for alleged gag order violations, ding DHS spokesperson for Tweet calling out Abrego Garcia TikTok video. Doc:
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
AbregoGag123125.PDF
www.documentcloud.org
January 1, 2026 at 5:55 PM
JUST IN: Abrego Garcia lawyers press TN fed judge to sanction feds for alleged gag order violations, ding DHS spokesperson for Tweet calling out Abrego Garcia TikTok video. Doc:
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
JUST IN: Chief Justice Roberts' 2025 report not too newsy, extols Declaration of Independence & courts' role as "counter-majoritarian check on the political branches." Foreshadowing looming rulings on Trump cases? Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
December 31, 2025 at 11:01 PM
JUST IN: Chief Justice Roberts' 2025 report not too newsy, extols Declaration of Independence & courts' role as "counter-majoritarian check on the political branches." Foreshadowing looming rulings on Trump cases? Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
CATCHING UP: After #SCOTUS snubs Trump over National Guard deployment in Illinois, DOJ tersely drops request to 9th Circuit to immediately allow Guard troops under Trump's control back on L.A. streets. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...
NewsomvTrumpMTStayWD123025
www.documentcloud.org
December 31, 2025 at 7:00 PM
CATCHING UP: After #SCOTUS snubs Trump over National Guard deployment in Illinois, DOJ tersely drops request to 9th Circuit to immediately allow Guard troops under Trump's control back on L.A. streets. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/12...
JUST IN: Lawyers for man charged with DNC/RNC pipe bomb planting on #jan6 2021 oppose his pretrial detention, but don't engage with evidence in case. They also accuse US Atty Pirro of violating court rules by discussing alleged confession. Doc: www.documentcloud.org/documents/26...
December 30, 2025 at 6:21 AM
JUST IN: Lawyers for man charged with DNC/RNC pipe bomb planting on #jan6 2021 oppose his pretrial detention, but don't engage with evidence in case. They also accuse US Atty Pirro of violating court rules by discussing alleged confession. Doc: www.documentcloud.org/documents/26...
NEW: @ACLU backs Judge Boasberg's contempt inquiry in Alien Enemies Act deportation case. Cites 1997 precedent where Ken Starr voided atty-client privilege in Clinton WH atty Sherburne's notes. (Kavanaugh on brief.) Doc: storage.courtlistener.com/recap/gov.us... Case: law.justia.com/cases/federa...
Response to Petition Filed – #01208808807 in In re: Donald Trump (D.C. Cir., 25-5452) – CourtListener.com
RESPONSE [2152179] to petition for writ of mandamus [2150153-2] filed by D.A.R.H., G.F.F., J.A.V., J.G.G., J.G.O., M.M.A.A., M.Y.O.R., M.Z.V.V., Dorys Mendoza, Liyanara Sanchez, Eylan Schilman and W.G...
storage.courtlistener.com
December 30, 2025 at 5:26 AM
NEW: @ACLU backs Judge Boasberg's contempt inquiry in Alien Enemies Act deportation case. Cites 1997 precedent where Ken Starr voided atty-client privilege in Clinton WH atty Sherburne's notes. (Kavanaugh on brief.) Doc: storage.courtlistener.com/recap/gov.us... Case: law.justia.com/cases/federa...
Reposted by Josh Gerstein
NEW: Jan Crawford's attack on SCOTUS "corruption" narrative was its own substance-free narrative.
On Face the Nation, CBS News's chief legal correspondent went after Supreme Court critics as "dangerous." And yet, her court defense was completely lacking in specifics.
Tonight, at Law Dork:
On Face the Nation, CBS News's chief legal correspondent went after Supreme Court critics as "dangerous." And yet, her court defense was completely lacking in specifics.
Tonight, at Law Dork:
Jan Crawford's attack on SCOTUS "corruption" narrative was its own substance-free narrative
On Face the Nation, CBS News's chief legal correspondent went after Supreme Court critics as "dangerous." And yet, her court defense was completely lacking in specifics.
www.lawdork.com
December 30, 2025 at 4:23 AM
NEW: Jan Crawford's attack on SCOTUS "corruption" narrative was its own substance-free narrative.
On Face the Nation, CBS News's chief legal correspondent went after Supreme Court critics as "dangerous." And yet, her court defense was completely lacking in specifics.
Tonight, at Law Dork:
On Face the Nation, CBS News's chief legal correspondent went after Supreme Court critics as "dangerous." And yet, her court defense was completely lacking in specifics.
Tonight, at Law Dork:
JUST IN: Trump administration sues Virginia to halt in-state tuition for undocumented immigrants at @UVA etc. Doc:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
#1 in United States v. Commonwealth of Virginia (E.D. Va., 3:25-cv-01067) – CourtListener.com
Complaint, filed by United States. (Attachments: # 1 Civil Cover Sheet)(Hambrick, Jonathan) (Entered: 12/29/2025)
storage.courtlistener.com
December 30, 2025 at 4:33 AM
JUST IN: Trump administration sues Virginia to halt in-state tuition for undocumented immigrants at @UVA etc. Doc:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Josh Gerstein
A TikTok journalst was shot, brutalized and held in conditions tantamount to torture. ICE says he assaulted an officer. The Court dismisses the case with prejudice. www.latimes.com/california/s...
Federal judge dismisses indictment against TikToker shot by ICE, citing constitutional violations
Days before Carlitos Ricardo Parias was set to to go to trial for assault on a federal officer, a federal judge dismissed the case against him. The judge cited the deprivation of Parias' access to cou...
www.latimes.com
December 29, 2025 at 4:20 AM
A TikTok journalst was shot, brutalized and held in conditions tantamount to torture. ICE says he assaulted an officer. The Court dismisses the case with prejudice. www.latimes.com/california/s...
JUST IN: Defense attorneys say DOJ is trying to stall a hearing Tuesday where evidence against the man charged with alleged DNC/RNC bomb planting could be tested. Doc: www.documentcloud.org/documents/26...
Cole122825.PDF
www.documentcloud.org
December 29, 2025 at 4:27 AM
JUST IN: Defense attorneys say DOJ is trying to stall a hearing Tuesday where evidence against the man charged with alleged DNC/RNC bomb planting could be tested. Doc: www.documentcloud.org/documents/26...
JUST IN: Judge Colleen Kollar-Kotelly (Clinton) won't let feds search Comey friend Daniel Richman's data for potentially classified info beyond 1 document they've deemed low-level classified. But gives govt more time to certify handover of data. Doc: www.documentcloud.org/documents/26...
Richman122725.PDF
www.documentcloud.org
December 28, 2025 at 3:06 AM
JUST IN: Judge Colleen Kollar-Kotelly (Clinton) won't let feds search Comey friend Daniel Richman's data for potentially classified info beyond 1 document they've deemed low-level classified. But gives govt more time to certify handover of data. Doc: www.documentcloud.org/documents/26...
JUST IN: DOJ tells judge feds can't delete classified info from Comey friend Daniel Richman's devices by Monday, asks for another week. Doc: DOJ can't carry out deletion of classified from Richman devices by Monday. Asks judge for another week storage.courtlistener.com/recap/gov.us...
Extension of Time to – #40 in RICHMAN v. United States (D.D.C., 1:25-mc-00170) – CourtListener.com
Emergency MOTION for Extension of Time to Comply by UNITED STATES OF AMERICA. (Halligan, Lindsey) (Entered: 12/24/2025)
storage.courtlistener.com
December 25, 2025 at 2:41 AM
JUST IN: DOJ tells judge feds can't delete classified info from Comey friend Daniel Richman's devices by Monday, asks for another week. Doc: DOJ can't carry out deletion of classified from Richman devices by Monday. Asks judge for another week storage.courtlistener.com/recap/gov.us...
The FBI was supposed to deliver all the Epstein files to @AGPamBondi's desk by 8 AM on Feb. 28, 2025. That's almost ten months ago. This seems like something @JusticeOIG would need to dig into www.justice.gov/ag/media/139...
December 24, 2025 at 8:57 PM
The FBI was supposed to deliver all the Epstein files to @AGPamBondi's desk by 8 AM on Feb. 28, 2025. That's almost ten months ago. This seems like something @JusticeOIG would need to dig into www.justice.gov/ag/media/139...
JUST IN: Judge blocks Trump's attempt to strip security clearance from whistleblower lawyer Mark Zaid. Judge Amir Ali (Biden) says the move may violate Constitution's ban on bills of attainder. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
ecf.dcd.uscourts.gov
December 24, 2025 at 3:04 AM
JUST IN: Judge blocks Trump's attempt to strip security clearance from whistleblower lawyer Mark Zaid. Judge Amir Ali (Biden) says the move may violate Constitution's ban on bills of attainder. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
JUST IN: Judge postpones decision on whether DAG Blanche & aide Singh must testify at vindictive prosecution hearing for Kilmar Abrego Garcia. Trial due in Jan. also postponed, but court will hear other witnesses Jan. 28. Doc: storage.courtlistener.com/recap/gov.us...
1 - Terminate Deadlines AND 1 - Terminate Deadlines and Hearings AND Order AND ~Util - Set/Reset Deadlines/Hearings – #281 in United States v. Abrego Garcia (M.D. Tenn., 3:25-cr-00115) – CourtListener...
1 - Terminate Deadlines AND 1 - Terminate Deadlines and Hearings AND Order AND ~Util - Set/Reset Deadlines/Hearings
storage.courtlistener.com
December 24, 2025 at 12:35 AM
JUST IN: Judge postpones decision on whether DAG Blanche & aide Singh must testify at vindictive prosecution hearing for Kilmar Abrego Garcia. Trial due in Jan. also postponed, but court will hear other witnesses Jan. 28. Doc: storage.courtlistener.com/recap/gov.us...
NOTED: In Kavanaugh's Illinois National Guard solo concurrence, he adds footnote that seems to try to calm outrage over his solo opinion in the CA ICE emergency ruling that led to some calling race-based immigration arrests "Kavanaugh stops." Earlier: www.politico.com/news/2025/09...
December 23, 2025 at 9:09 PM
NOTED: In Kavanaugh's Illinois National Guard solo concurrence, he adds footnote that seems to try to calm outrage over his solo opinion in the CA ICE emergency ruling that led to some calling race-based immigration arrests "Kavanaugh stops." Earlier: www.politico.com/news/2025/09...
BREAKING: #SCOTUS rejects Trump over deployment of National Guard to aid immigration enforcement in Illinois, says law limits use to when regular military is insufficient. 3 justices dissent: Alito, Thomas, Gorsuch. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
25A443 Order
www.documentcloud.org
December 23, 2025 at 8:15 PM
BREAKING: #SCOTUS rejects Trump over deployment of National Guard to aid immigration enforcement in Illinois, says law limits use to when regular military is insufficient. 3 justices dissent: Alito, Thomas, Gorsuch. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/10...
NEW: Judge seizes on pair of fresh Trump administration errors in Kilmar Abrego Garcia deportation case, extends order keeping him free into next month www.politico.com/news/2025/12...
More stumbles by feds mar Kilmar Abrego Garcia deportation case
Judge extends order protecting illegally deported immigrant from re-arrest
www.politico.com
December 22, 2025 at 11:26 PM
NEW: Judge seizes on pair of fresh Trump administration errors in Kilmar Abrego Garcia deportation case, extends order keeping him free into next month www.politico.com/news/2025/12...
This veteran civil rights litigator, who just won a Voting Rights Act case that helped Black Democrats break a GOP supermajority in deep-red Mississippi. Now, he shares his fears that #SCOTUS could be on verge of crippling the VRA.
www.politico.com/news/magazin...
www.politico.com/news/magazin...
Democrats Just Won Seats in Mississippi. The Supreme Court Could Block a Repeat.
A veteran civil rights attorney won a landmark redistricting case. He fears such wins could soon vanish.
www.politico.com
December 22, 2025 at 1:59 PM
This veteran civil rights litigator, who just won a Voting Rights Act case that helped Black Democrats break a GOP supermajority in deep-red Mississippi. Now, he shares his fears that #SCOTUS could be on verge of crippling the VRA.
www.politico.com/news/magazin...
www.politico.com/news/magazin...
JUST IN: DOJ appears to acknowledge taking down some photos from Epstein files release Friday. Earlier: www.politico.com/news/2025/12...
December 21, 2025 at 3:37 AM
JUST IN: DOJ appears to acknowledge taking down some photos from Epstein files release Friday. Earlier: www.politico.com/news/2025/12...
JUST IN: Lawyers for Kilmar Abrego Garcia accuse CBP's Bovino of repeated violations of gag order for inflammatory comments about Abrego's immigrant smuggling case. Defense attys ask judge to impose sanctions on government. Doc:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Sanctions – #271 in United States v. Abrego Garcia (M.D. Tenn., 3:25-cr-00115) – CourtListener.com
Sanctions
storage.courtlistener.com
December 20, 2025 at 2:33 AM
JUST IN: Lawyers for Kilmar Abrego Garcia accuse CBP's Bovino of repeated violations of gag order for inflammatory comments about Abrego's immigrant smuggling case. Defense attys ask judge to impose sanctions on government. Doc:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
JUST IN: DOJ's 'immediate' appeal of judge's Nov. 24 ruling disqualifying Trump's handpicked prosecutor Lindsey Halligan was just filed in both Comey and James cases. Appeal will go to 4th Circuit in Richmond, VA. Docs: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
December 19, 2025 at 10:57 PM
JUST IN: DOJ's 'immediate' appeal of judge's Nov. 24 ruling disqualifying Trump's handpicked prosecutor Lindsey Halligan was just filed in both Comey and James cases. Appeal will go to 4th Circuit in Richmond, VA. Docs: storage.courtlistener.com/recap/gov.us...
JUST IN: Feds move to dismiss criminal case against Mexican citizen charged with using truck to ram immigration agents during August op in San Diego. 'Additional investigation has caused the U.S. to re-evaluate prosecution in this matter.' Doc: www.documentcloud.org/documents/26...
December 19, 2025 at 9:59 PM
JUST IN: Feds move to dismiss criminal case against Mexican citizen charged with using truck to ram immigration agents during August op in San Diego. 'Additional investigation has caused the U.S. to re-evaluate prosecution in this matter.' Doc: www.documentcloud.org/documents/26...
NEW: Trump admin suffers rare shadow-docket loss at #SCOTUS, as justices decline to step into fight over immigration judges' free-speech rights. But high court suggested it might freeze the case in the future www.politico.com/news/2025/12...
Supreme Court rebuffs Trump in immigration judges’ free-speech case
The justices rejected the administration’s emergency appeal but signal they could act in the future.
www.politico.com
December 19, 2025 at 8:44 PM
NEW: Trump admin suffers rare shadow-docket loss at #SCOTUS, as justices decline to step into fight over immigration judges' free-speech rights. But high court suggested it might freeze the case in the future www.politico.com/news/2025/12...