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Harry Litman @harrylitman.bsky.social · 7h

also inevitable, in a different sense. The family of Renee Good, the woman fatally shot by ICE agent Jonathan Ross, sues Ross + Kristi Noem, Stephen Miller, Tom Homan, Greg Bovino, and others, for her death. Will be first ensnared in a web of immunity claims but based on conduct might move forward.

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Harry Litman @harrylitman.bsky.social · 7h

Reflecting pool case v Davey Hearn dismissed with prejudice, meaning can’t be brought again. The just and obvious result, but DOJ had fought for dismissal without prejudice, offering really no argument but Trump had stayed on warpath even after case cratered. I suspect Pirro is relieved at result.

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Harry Litman @harrylitman.bsky.social · 8h

It was inevitable. The Supreme Court has agreed to review an issue that has flooded the lower courts and gone overwhelmingly against the Trump administration:whether they can detain anyone, even here for decades, as an “applicant for admission.“ Tortured position, but court could well allow.

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Harry Litman @harrylitman.bsky.social · 30/09/2026

"Trump and Blanche built this scheme to keep any judge from getting a look at it. Now one has; she doesn’t like what she sees; and she’s just getting started." My latest:

harrylitman.substack.com

Eleventh Circuit Smacks Down Trump’s Bid to Block Sanctions in IRS Case

They're now stuck in the last place they wanted: Judge Williams's court.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

Important loss for Trump in the bogus IRS tax settlement case. 11th Circuit declines to stay Judge Williams's order. Absent SCOTUS review, it will now return to Williams to assess penalties for contempt and sanctions.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

Back to smith hearing, the Rs are assessed with smith having subpoenaed their toll records (i.e. records of numbers dial not conversation). But that move was completely orthodox. If not mandatory to learn what Trump and meadows were up to that day. And the idea that it’s speech or debate is risible.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

To Gov: can you name a case anywhere where mandamus entered to prevent an investigation into contempt from going forward? A: no Gov Argument is some judges said order not clear so must for that reason alone be “clear and indisputable “ ( mandamus standard) that the Boasberg order was ambiguous.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

Gist of government position is that the “best reading “ of the TRO is that it ordered only that the prisoners not be taken out of the country,when they already were so no violation of order. Requires ignoring oral order + other evidence that Boasberg’s order was they not be delivered to El Salvador

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Harry Litman @harrylitman.bsky.social · 29/09/2026

In Boasberg en banc, strong argument that everyone understood Boasberg’s order was clear that the deportees couldn’t leave US jurisdiction. US just playing word games.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

Would be comic if it were not vicious. Actually it’s both. Sen Schmitt framed a whole perjury suggestion on the basis of Jack Smith’s attending an Atlanta Hawks game and surreptitiously seeing Fulton County prosecutor. In fact it was Iowa Hawkeyes (Caitlin Clark) in College Park Maryland

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Harry Litman @harrylitman.bsky.social · 29/09/2026

CNN's motion for preliminary injunction now in before Judge Kelly. Looking forward to discussing w @lauracoates.com on @cnn any moment.

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Harry Litman @harrylitman.bsky.social · 29/09/2026

In my YouTube on this, I mentioned that this would really roil the rank and file agents— and it has. youtu.be/eI1JhRDh4GE?... Embarrassing Breach at F.B.I. Fuels Fears of Harm to Its Employees www.nytimes.com/2026/09/28/u...

nytimes.com

Embarrassing Breach at F.B.I. Fuels Fears of Harm to Its Employees

In an internal memo, the F.B.I. said it believed the hackers may have stolen sensitive information on all of its employees.

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Harry Litman @harrylitman.bsky.social · 28/09/2026

"On Tuesday, the full D.C. Circuit will hear argument in a case that began on a Saturday evening in March 2025, when a federal judge ordered two planeloads of Venezuelan men returned to the United States and the administration, hours later, handed them to a prison in El Salvador instead."

harrylitman.substack.com

Crucial Hearing on Team Trump’s Contempt for the Rule of Law

Entire D.C. Circuit takes up administration’s effort to force Judge Boasberg to stand down.

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Harry Litman @harrylitman.bsky.social · 28/09/2026

After a week delay, Jack Smith will be appearing tomorrow before the Senate Judiciary Committee, where the majority no doubt lies in wait w/ obtuse, counterfactual questions designed to convert his 100% righteous prosecutions into the pursuit of political vendettas. Expect Smith to keep his cool.

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Harry Litman @harrylitman.bsky.social · 28/09/2026

Here’s a book you can read by its cover: as pressing a topic as we have and the most thoughtful and clear Supreme Court expert writing it. Will be indispensable.

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Harry Litman @harrylitman.bsky.social · 27/09/2026

The ouster of CNN from Trump‘s plane is naked viewpoint discrimination, but there is a 2-1 DC circuit opinion from his favorite judges saying it’s OK. The tug-of-war is going to continue in the coverage and the courts. Looking forward to discussing w/ #FredrickaWhitfield on @cnn.com at 3:40 PM ET.

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Harry Litman @harrylitman.bsky.social · 25/09/2026

In the process of doing a youtube on the opinion w/ @meiselasb.bsky.social . It will post shortly.

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Harry Litman @harrylitman.bsky.social · 25/09/2026

Supreme Court opinion is per curiam and no dissents noted. So even more emphatic than last one, w/ Alito and Thomas dissented. Very firm, and again, the noteworthy point is that they were fairly gentle on court of appeals, whom they could have excoriated.

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Harry Litman @harrylitman.bsky.social · 25/09/2026

strong statement about Purcell in the Sup Ct decision in Missouri case. no dissent. a slight pushback on 8th circuit -- saying our decision sh come as no surprise and 8th cir decision would inject chaos. But could have been much stronger given the brazenness oftthe 8th Circuit opinon

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Harry Litman @harrylitman.bsky.social · 25/09/2026

SCOTUS again blocks court of appeals's effort to impose pro R map. Expected given the complete lunacy of the 8th circuit decision but they could have stayed out of it, and let a real injustice remain. So election will be decided with 6R-2D map, not 7-1 newer map the R legislature tried to jam thru

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Harry Litman @harrylitman.bsky.social · 24/09/2026

My latest Substack on Judge Kelly's order to immediately restore the White House hard passes of CNN, MS NOW, and Politico reporters, and the early morning fire drill when the administration, incredibly, failed to comply.

harrylitman.substack.com

A Trump Judge Orders the Administration to Reinstate CNN, MS NOW, and Politico

After delay, the White House has now complied.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Notice of noncompliance was at 9:47 am. White House filling said all was well at 9:55 am. someone really screwed up big time to have things unavailable before then. 3 reporters all have been given access. But what a clown show the white house is.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

the administration response is just a mealy contradiction saying we have complied and press passes were made available. The timing doesn't quite compute but the take is going to be just a misunderstanding all is well etc. So more to try to figure out what SNAFU happened but immediate crisis over

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Harry Litman @harrylitman.bsky.social · 24/09/2026

seems extremely likely to me that the order to again bar access and confiscate passes had to come from the very top, and certainly with his knowledge. Given the circumstances, who possibly would think they could decide that w/o consulting Trump?

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Harry Litman @harrylitman.bsky.social · 24/09/2026

The standoff in the White House presents the specter of criminal contempt, which would plainly require the appointment of a special counsel. But this crowd would try to fight that. In the meantime, quick reminder that Kelly on his own can impose civil contempt to force compliance.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Remember when they said the noncompliance at the Kennedy center was “inadvertent“? Nothing inadvertent about the noncompliance here. According to the notice, Reporters from each of the three outlets were turned away, and Betsy Klein’s pass was again taken from her. They are totally up to something.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Unreal. White House apparently continues to block access to the reporters. Judge Kelly has ordered them to explain what’s going on by 12:30 pm et.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Kelly’s treatment of administration’s national security arguments was quite telling. He essentially said there’s no factual support for what they’re saying nor any evidence of national security implications. Thus, nothing to defer to. I’ll have a detailed Substack on the decision early tomorrow.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Kelly decision rests on due process grounds, i.e they stripped reporters' passes with no notice. For Kelly, that was path of least resistance since DC Circuit law plainly supports it. Admin.'s only answer was to say those cases are wrong, but there nothing a district court judge can do about that.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

No surprise but the opposite result would have been a catastrophe: Judge Kelly orders Trump to restore White House access to CNN, MS now, and Politico.

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Harry Litman @harrylitman.bsky.social · 24/09/2026

Remember gov's response: Hegseth“completely misrepresented.” Navy:no increase in suicide attempts. Trump: Lincoln had been deployed “not nearly long enough.” www.wsj.com/us-news/eigh...

wsj.com

Eight Navy Personnel Assigned to USS Lincoln Strike Group Attempted Suicide

Acting Navy Secretary Hung Cao divulged the number in response to questions from a Democratic senator.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Remember: the claim by CNN et al is viewpoint discrimination. That turns on the motive in the actor's mind. The actor was Trump, and the action was last Friday. They're not arguing that there could be a national security rationale. Has to be that Trump actually had that in mind. That's preposterous.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Reposting from four days ago, because i think this is going to prove to be the pivotal point for Judge Kelly. Unusually pristine case of viewpoint discrimination that they're not trying to re-costume as a national security issue.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Quick impression of hearing: it's the classic Trumpian position, i.e a lie. Trying to recast his obvious punishment for their viewpoint as a national security matter based on new declarations. But basic problem is it's all made up. Also a due process problem in yanking the passes without notice.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Harm is irreparable. we're at war, foreign leaders coming to town. we need swift relief to get journalists back working. End of hearing. judge says will try to get ruling "as soon as I can."

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Stories they're citing have been out there for months. just post-hoc. not legitimate. They say Trump has criticized other media. That proves our point: he can criticize as much as he wants. What he can't do is penalize them for their coverage.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

final rebuttal by Plaintiffs: all of a sudden this is a national security case. Trump never said that when he barred the 3. Pres Trump's so-called national security determinations -- he didn't. the gov just put those in later in declarations in case. Basically the argument is that the gov is lying

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Government now arguing that it's not viewpoint discrimination: Trump criticizes all media, and even more. This is special case about national security concerns w/ findings added (after the fact).

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Initial focus at hearing is on Due Process right to notice and hearing before government can revoke the hard passes issued to CNN, MS, and Politico.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Amicus brief from Reporters Ctte makes the point that the Administration can't get around, even if its factual claims were accepted: Even though a person may have no right to a valuable governmental benefit, the govt may not deny the benefit on a basis that amounts to viewpoint discrimination.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

Ban on viewpoint discrimination way too important , and government required showing way too high, to let Administration get away with the sort of slipshod claims in their brief in media case. Hearing on injunction this afternoon . harrylitman.substack.com/p/high-and-p...

harrylitman.substack.com

High and Petty

The Trump administration’s repeated acts of viewpoint discrimination damage democracy, even though they will not stand.

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Harry Litman @harrylitman.bsky.social · 23/09/2026

DOJ files brief in CNN MS Politico case: Argued White House access is a privilege not a right which the outlets forfeited by “poor conduct,” including writing “verifiable falsehoods” Hearing for media motion for restraining order at 330 today. Court should grant it

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Harry Litman @harrylitman.bsky.social · 22/09/2026

"The prohibition on viewpoint discrimination by government is as central to the American experiment as any provision of the Bill of Rights: the government may not punish or reward speech because of the speaker’s viewpoint."

harrylitman.substack.com

High and Petty

The Trump administration’s repeated acts of viewpoint discrimination damage democracy, even though they will not stand.

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Harry Litman @harrylitman.bsky.social · 22/09/2026

The 8th Cir opinion on the MO map really is Looney Tunes. There's already an order from the state Supremes precluding the use of the pro R map. The 8th circuit ignores that, enters a directly competing order saying the pro R map must be used. Zugzwang. Longer youtube coming. youtube.com/@talkingfeds

youtube.com

Talking Feds with Harry Litman

Welcome to Talking Feds! Talking Feds is a roundtable discussion that brings together prominent former government officials, journalists, and special guests for a dynamic and in-depth analysis of the ...

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