Reposted by @hallcmh.bsky.social
Judge Gary Brown, a Trump appointee in New York, rebukes ICE for arresting two people erroneously — including a U.S. citizen — and later claiming "mistaken identity."
"ICE agents falsified official records," he says. storage.courtlistener.com/recap/gov.us...
![6. The following morning, the Secret Service submitted an emergency request to
Verizon in which an agent represented that such surveillance “relate[d] to an emergency involving
danger of death or serious physical injury to a person, necessitating disclosure without delay of
information relating to that emergency.” Ex. E. [013475-77] The Secret Service agent who
completed the form signed an attestation stating: “I certify that the foregoing is true and correct
and understand that Verizon may rely upon this form to make an emergency disclosure to my law
enforcement agency … pursuant to 18 U.S.C. 2702(b)(8) or 2702(c)(4).” Id. The declarant
advised the ATSAIC that he “was asked by the SAIC to ping the cellphone of James Comey via
exigency.” Ex. D. [013417] He further added that he did so “with hesitation.” Id. The same
document indicates that an Assistant Special Agent in Charge (“ASAIC”) reported that “the # 3
guy at DOJ ‘wanted to ping the cellphone via an exigency request.’”3
Id.
7. Secret Service case records provided in discovery show that Mr. Comey’s cell
phone was electronically tracked that day as he and his wife drove north on Interstate 95 (“I-95”)
from North Carolina toward his Virginia home. The Comeys were also physically surveilled
during the trip, but trailing agents lost contact when the Comeys exited I-95 at one point to drive
toward the cemetery where the Comeys’ son is buried. The electronic surveillance captured the
trip to the cemetery. (The Government later seized—pursuant to the challenged March 2026](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreieobn5egqgq6vjid4fyzhfkbfdq7wbtqkelblvctdqwqaywzgeova)
![Screen shot of the opinion. It reads:
Michael H. Simon, District Judge.
Pending before the Court is a motion brought by Plaintiff, the United States of America, to enforce ¶ 241 of the settlement agreement entered in this case. ECF 520. Plaintiff states that it has asked Defendant, the City of Portland (“City”), to provide certain documents that the United States contends are “related to the City’s compliance with the Agreement” and the City “has not provided most of the requested documents.” Id. at 4. The City opposes the motion on several grounds, including arguing that the United States Department of Justice “is proceeding with unclean hands [and] in bad faith.” ECF 523 at 17 (internal page 14). The amici curiae also oppose Plaintiff’s motion. ECF 522. The matter has been fully briefed, and the Court has considered the parties’ documentary evidence and heard oral argument. ECF 535. [Highlighted] For the reasons explained below, the Court denies the United States’ motion to enforce on the grounds that the Court finds by clear and convincing evidence that the United States has brought this motion in bad faith and with unclean hands. [end of highlighted]](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6ubw622ecoiwoihngsxrsx6n/bafkreif5gypcx7plvgx6ky677hopvt3ug5ajroff542crasbwtljawlvz4)
