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The Latest Breaking News from Boasberg

Fact-Finding At The Grammys

What is the sound of one Justice clapping?

Reason

What Is The Burden Of Proof In Judicial-Council Factfinding?

The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue.

Reason

The Upshot Of The Wynn and Boasberg Complaints: The Code of Conduct Cannot Be Used To Obtain Discovery

The federal judiciary will make no inquiries about whether a judge may have violated the Code of Conduct. The whole burden of proof rests entirely on the complainant.

Reason

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The New York Times's Latest Analysis of Trump Judges

The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" charge.

Reason

Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro

The United States military is like a Denny's.

Reason

Does Judge Boasberg Still Have Jurisdiction To Pursue Criminal Contempt Proceedings?

Judge Katsas says no, Judge Rao leaves open the possibility.

Reason

Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration

Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.

Reason

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"When the Supreme Court Spoke With One Voice" But Was Ignored By Everyone

Cooper v. Aaron is not a model the Roberts Court should try to emulate.

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Process Formalism In Texas But Not At SCOTUS

Kudos to Judge Ramirez who understands how the rules of civil and appellate procedure operate.

Reason

D.C. Circuit Stays Judge Boasberg's Criminal Contempt Proceedings

A panel of the D.C. Circuit is encouraging Judge Boasberg to adopt a more deliberate approach.

Reason

The Major Separation of Powers Problems with J.E.B. v. Trump

Judge Boasberg is about to unleash a truly independent counsel on the Trump Administration, and the President himself, subject to none of the strictures that Alexia Morrison faced.

Reason

Kilmar Abrego Garcia: What happens next?

NYU law professor Adam B. Cox spoke to Salon about the Trump administration's refusal to correct a mistake

Salon

The Special Counsel Is Dead. Long Live The Special Counsel.

Judge Boasberg will likely anoint a special prosecutor to investigate the Trump Administration, bring us back to Muellergate.

Reason

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Reason

Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing?

Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review.

The Independent UK

Trump touts Supreme Court deportation ruling as a major victory, but legal fight is far from over

The Trump administration is touting a Supreme Court ruling allowing it to resume deportations under the Alien Enemies Act as a major victory, but the immigration fight is far from over

Reason

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Reason

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

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Reason

Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg

A useful overview.

Reason

Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him

There is no justification for such impeachment efforts.

The Independent UK

‘Heckuva stretch’: Skeptical judge questions Trump’s defiance over deportation order

Trump administration attorneys stonewall federal judge as he grills them about deportation flights that he ordered not to leave

Reason

Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court

"Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."

Reason

Alleged Panama Papers Leaker May Not Sue in Federal Court While Hiding His Name from the Court

From Doe v. Federal Republic of Germany, decided today by Magistrate Judge Gary Stein (S.D.N.Y.): Plaintiff purports to be the individual who leaked the now-famous trove of offshore financial records known as the "Panama Papers." Using the pseudonym "John Doe" and proceeding pro se, Plaintiff filed this breach of contract…

Reason

The Anti-Textualist Decision Finding VP Covered by Speech or Debate Clause

"The Court declines to be the first in generations to force a literal reading of the Clause's text."

Salon

Profs: Pence testimony may be explosive

Former U.S. attorney predicts Pence's testimony signals "the end of the line"

People

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