Shawn Musgrave
@shawnmusgrave.bsky.social
Media attorney | Journalist
The perfect coda to this story: after publication, the State Department's press office responded to my questions about the legal basis for revoking visas based on speech. Their response, in full (we were NOT off-record).
October 16, 2025 at 1:52 PM
The perfect coda to this story: after publication, the State Department's press office responded to my questions about the legal basis for revoking visas based on speech. Their response, in full (we were NOT off-record).
The DOJ is very much coming for Judge Faruqui. Here's a motion filed yesterday for emergency review, calling Faruqui's comments "legally unsupported" and "inflammatory." storage.courtlistener.com/recap/gov.us...
October 3, 2025 at 1:55 PM
The DOJ is very much coming for Judge Faruqui. Here's a motion filed yesterday for emergency review, calling Faruqui's comments "legally unsupported" and "inflammatory." storage.courtlistener.com/recap/gov.us...
Like Mahmoud Khalil's case, Mario Guevara's shows how courts will let the Trump administration use facially legal, bureaucratic mechanisms in unconstitutional ways. In a concurrence, Judge Kidd stresses that the First Amendment protects Guevara. storage.courtlistener.com/recap/gov.us...
October 2, 2025 at 3:01 PM
Like Mahmoud Khalil's case, Mario Guevara's shows how courts will let the Trump administration use facially legal, bureaucratic mechanisms in unconstitutional ways. In a concurrence, Judge Kidd stresses that the First Amendment protects Guevara. storage.courtlistener.com/recap/gov.us...
UPDATE: Three of the six Instagram users targeted by the DHS subpoena have now filed separate motions to quash, and as of yesterday all three judges ordered Meta not to comply with it, for now. The IG users also asked to consolidate their cases. storage.courtlistener.com/recap/gov.us...
October 2, 2025 at 2:40 PM
UPDATE: Three of the six Instagram users targeted by the DHS subpoena have now filed separate motions to quash, and as of yesterday all three judges ordered Meta not to comply with it, for now. The IG users also asked to consolidate their cases. storage.courtlistener.com/recap/gov.us...
If Judge Young gets impeached for this bracingly honest opinion, I would not be surprised in the LEAST. It's not just the cover page — look at how he describes testimony from the acting ICE director, Todd Lyons on masked agents: "disingenuous, squalid and dishonorable."
September 30, 2025 at 6:27 PM
If Judge Young gets impeached for this bracingly honest opinion, I would not be surprised in the LEAST. It's not just the cover page — look at how he describes testimony from the acting ICE director, Todd Lyons on masked agents: "disingenuous, squalid and dishonorable."
Here's what the notices from the tech companies about administrative subpoenas can look like — recent examples from Meta + Google.
September 25, 2025 at 3:53 PM
Here's what the notices from the tech companies about administrative subpoenas can look like — recent examples from Meta + Google.
Have you gotten a notice like this from Meta, Google, or another tech company about your online accounts? I want to hear about your experience. I'm shawnmusgrave.82 on Signal.
September 23, 2025 at 8:17 PM
Have you gotten a notice like this from Meta, Google, or another tech company about your online accounts? I want to hear about your experience. I'm shawnmusgrave.82 on Signal.
After a helpful chat with the clerk's office, we're on file with a letter asking to lift the Rule 5.2(c) restrictions. This case isn't about an individual deportation or detention, so the restrictions just don't make sense here. We'll see!
September 23, 2025 at 6:46 PM
After a helpful chat with the clerk's office, we're on file with a letter asking to lift the Rule 5.2(c) restrictions. This case isn't about an individual deportation or detention, so the restrictions just don't make sense here. We'll see!
While reading Sam's romp through Roblox on the Caltrain, what do I see out the window in San Mateo. Really great read!
September 21, 2025 at 8:51 PM
While reading Sam's romp through Roblox on the Caltrain, what do I see out the window in San Mateo. Really great read!
Just confirmed: a fourth IG user received notice from Meta on Sept 5. This user hasn't filed a motion to quash, so Meta may have already given DHS their basic subscriber data — namely, the name, email, and phone number associated with the account.
September 20, 2025 at 6:17 PM
Just confirmed: a fourth IG user received notice from Meta on Sept 5. This user hasn't filed a motion to quash, so Meta may have already given DHS their basic subscriber data — namely, the name, email, and phone number associated with the account.
Another detail from filings: targeted IG users had to press Meta for info and to send the actual subpoena. The company sent each a redacted copy. But the redactions differed — here's a comparison, from most to least info. The redacted name in #3, Simeon, is the CBP agent in the offending IG post.
September 20, 2025 at 3:26 PM
Another detail from filings: targeted IG users had to press Meta for info and to send the actual subpoena. The company sent each a redacted copy. But the redactions differed — here's a comparison, from most to least info. The redacted name in #3, Simeon, is the CBP agent in the offending IG post.
Fascinating footnote in latest motion alleges that the activist who created the IG post never received Meta's notice about the subpoena, due to a "technical difficulty": "The process of opening a line of communications with Meta and determining the status has been disturbingly complex and slow."
September 20, 2025 at 11:41 AM
Fascinating footnote in latest motion alleges that the activist who created the IG post never received Meta's notice about the subpoena, due to a "technical difficulty": "The process of opening a line of communications with Meta and determining the status has been disturbingly complex and slow."
What an amazing benchslap against Trump's ridiculous legal team in the NYT case.
September 19, 2025 at 4:18 PM
What an amazing benchslap against Trump's ridiculous legal team in the NYT case.
Also some good whole-number stats in here on the supposed surge in attacks on ICE agents -- from 10 in Feb 2025 to 18 in August 2025. Even at face value, that's 80 percent, rather than the 500% or whatever sky-high figure they've been hawking.
September 19, 2025 at 1:49 PM
Also some good whole-number stats in here on the supposed surge in attacks on ICE agents -- from 10 in Feb 2025 to 18 in August 2025. Even at face value, that's 80 percent, rather than the 500% or whatever sky-high figure they've been hawking.
The criminal convictions are broken out a bit further below -- although the time periods don't overlap. Some FOIAs are definitely in order for the underlying data.
September 19, 2025 at 1:45 PM
The criminal convictions are broken out a bit further below -- although the time periods don't overlap. Some FOIAs are definitely in order for the underlying data.
It's not just the law school that failed. So did the Senators that confirmed Bondi... with one notable YEA.
September 16, 2025 at 7:28 PM
It's not just the law school that failed. So did the Senators that confirmed Bondi... with one notable YEA.
UPDATE: In response to our letter, D. Maryland clerk says PACER restrictions will be lifted in Abrego Garcia's case this afternoon!
August 25, 2025 at 5:39 PM
UPDATE: In response to our letter, D. Maryland clerk says PACER restrictions will be lifted in Abrego Garcia's case this afternoon!
Here's my story about the origins of TRAC, its relationship to the Arizona attorney general's office, and the nonprofits insistence that HSI agents would NEVER use the data for pure immigration enforcement theintercept.com/2025/04/14/i...
August 19, 2025 at 9:16 PM
Here's my story about the origins of TRAC, its relationship to the Arizona attorney general's office, and the nonprofits insistence that HSI agents would NEVER use the data for pure immigration enforcement theintercept.com/2025/04/14/i...
I'd been waiting for this one! Senate Parliamentarian says GOP can't use budget reconciliation to massively increase the penalties on tax return leakers -- violates the Byrd rule. www.budget.senate.gov/ranking-memb...
June 27, 2025 at 7:47 PM
I'd been waiting for this one! Senate Parliamentarian says GOP can't use budget reconciliation to massively increase the penalties on tax return leakers -- violates the Byrd rule. www.budget.senate.gov/ranking-memb...
A magistrate judge has recommended that Leqaa Kordia, a Palestinian woman currently held in ICE detention in TX, should be released storage.courtlistener.com/recap/gov.us...
June 27, 2025 at 7:20 PM
A magistrate judge has recommended that Leqaa Kordia, a Palestinian woman currently held in ICE detention in TX, should be released storage.courtlistener.com/recap/gov.us...
The 4th Circuit clerk has now lifted the restrictions! All filings are now accessible on PACER.
June 26, 2025 at 10:22 PM
The 4th Circuit clerk has now lifted the restrictions! All filings are now accessible on PACER.
UPDATE: the Fourth Circuit has granted The Intercept's motion to lift the docket restrictions in Dr. Khan Suri's case! storage.courtlistener.com/recap/gov.us...
June 26, 2025 at 9:24 PM
UPDATE: the Fourth Circuit has granted The Intercept's motion to lift the docket restrictions in Dr. Khan Suri's case! storage.courtlistener.com/recap/gov.us...
Unfortunately, in Suri's case the district court judge hasn't acted on his request in late April to lift the restrictions or The Intercept's letter in mid-May (h/t @jonahmv.bsky.social). This meant the docket access restrictions carried over to the 4th Circuit when the govt appealed
June 24, 2025 at 4:55 PM
Unfortunately, in Suri's case the district court judge hasn't acted on his request in late April to lift the restrictions or The Intercept's letter in mid-May (h/t @jonahmv.bsky.social). This meant the docket access restrictions carried over to the 4th Circuit when the govt appealed
In other Rule 5.2(c) news, the Third Circuit just illustrated why it's vital to lift these restrictions. In Mahmoud Khalil's case, SDNY lifted the restrictions in mid-March -- so as his case was transferred to N.J. and appealed, the public had full access storage.courtlistener.com/recap/gov.us...
June 24, 2025 at 4:31 PM
In other Rule 5.2(c) news, the Third Circuit just illustrated why it's vital to lift these restrictions. In Mahmoud Khalil's case, SDNY lifted the restrictions in mid-March -- so as his case was transferred to N.J. and appealed, the public had full access storage.courtlistener.com/recap/gov.us...
It's Section 70615 (p422) of the draft text — "INCREASE IN PENALTIES FOR UNAUTHORIZED DISCLOSURES OF TAXPAYER INFORMATION." Verbatim to the version that passed the House, it seems. www.finance.senate.gov/imo/media/do...
June 17, 2025 at 1:33 PM
It's Section 70615 (p422) of the draft text — "INCREASE IN PENALTIES FOR UNAUTHORIZED DISCLOSURES OF TAXPAYER INFORMATION." Verbatim to the version that passed the House, it seems. www.finance.senate.gov/imo/media/do...