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Josh Gerstein

@joshgerstein.bsky.social
131K followers 149 following 2.7K posts

Sr. Legal Affairs Reporter, @POLITICO Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. Signal: joshgerstein.46

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Josh Gerstein @joshgerstein.bsky.social · 8h
JUST IN: Bureau of Prisons argues its housing of immigration detainees gives the agency a national security mission permitting it to terminate guards' union contract. Doc: www.afge.org/globalassets...
afge.org
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Josh Gerstein @joshgerstein.bsky.social · 9h
UPDATE: Chief Justice Roberts halts 4th Circuit ruling, tells Dems to respond by 5PM Saturday. Doc: www.documentcloud.org/documents/28...
documentcloud.org
26A476 Admin Stay and CFR
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Reposted by Josh Gerstein
John Hawkinson @johnhawkinson.bsky.social · 08/10/2026
Also of interest, the Northern District of California has published for public comment a local rule / general order that would remove the 5.2(c) restrictions on immigration cases entirely. It'd also allow use of initials by default. cand.uscourts.gov/news/2026/09... h/t @joshgerstein.bsky.social
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Josh Gerstein @joshgerstein.bsky.social · 11h
NEW: Judge Tim Kelly (Trump/DC) seems inclined to extend block on Trump bid to ban CNN/MSNOW/POLITICO from White House. DOJ cites national security, but press says recent Trump interview shows he acted due to stories deemed too negative. w/@kyledcheney www.politico.com/news/2026/10...
politico.com
Judge seems poised to reinforce block of Trump’s White House media ban
U.S. District Judge Timothy Kelly previously restored White House access for POLITICO, CNN and MS NOW.
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Josh Gerstein @joshgerstein.bsky.social · 14h
JUST IN: Trump admin goes to #SCOTUS again to preserve party committees' access to lowest ad rates after 4th Cir. moved to revive its earlier ruling. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/09...
documentcloud.org
26A476
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Josh Gerstein @joshgerstein.bsky.social · 08/10/2026
Oh, you are missing out. It's a beaut.
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John Hawkinson @johnhawkinson.bsky.social · 16/09/2026
As others noted, yesterday that AP (rep'd by RCFP) sued the US Courts in DDC, challenging the constitutionality of Rule 5.2(c) [aka the bane of my existence?], the rule that restricts remote electronic access to immigration case filings. RECAP docket: www.courtlistener.com/docket/74793...
courtlistener.com
THE ASSOCIATED PRESS v. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, 1:26-cv-03219 - CourtListener.com
Docket for THE ASSOCIATED PRESS v. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, 1:26-cv-03219 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal inf...
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Josh Gerstein @joshgerstein.bsky.social · 08/10/2026
WILD Trump rant about Rep. Henry Cuellar, expressing regret about pardoning him, claiming he and his wife were going to go to prison for "over 20 years" (extremely doubtful), thought was "good chance" he'd turn GOP, calls him "disloyal & ungrateful," endorses opponent
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Josh Gerstein @joshgerstein.bsky.social · 08/10/2026
NEW: Some prominent conservatives expect more handwringing over Justices Thomas & Alito to break out if Dems win the Senate in midterms, but none I spoke to thinks either will change their stance on retirement in time to allow lame-duck Hill action www.politico.com/news/2026/10...
politico.com
Trump’s SCOTUS succession dilemma: His favorite justices are also the court’s oldest
Speculation about Justice Samuel Alito's plans has increased in recent months ahead of the midterms.
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Reposted by Josh Gerstein
Politico @politico.com · 06/10/2026
Brendan Carr’s ABC license fight meets a skeptical judge politi.co/3UbUTSv
politico.com
Brendan Carr’s ABC license fight meets a skeptical judge politi.co/3UbUTSv
Brendan Carr’s ABC license fight meets a skeptical judge politi.co/3UbUTSv
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Bill Grueskin @bgrueskin.bsky.social · 06/10/2026
A tough day at the Axios HR department
It's my last week @axios.

I joined soon after launch in 2017 not knowing I was boarding a rocket ship. Immensely grateful to my colleagues and proud of what our ragtag startup has become.

Next week I'll join the incredible national security team @WSJ. Can't wait to get started!

This is not protocol for giving notice. Please contact the People Team
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Josh Gerstein @joshgerstein.bsky.social · 07/10/2026
Has echoes of "The Children's Hour"
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Ryan J. Reilly “paints a vivid and urgent portrait of… disarray” @ryanjreilly.com · 06/10/2026
NEW: Justice Department tells employees to adopt Trump’s AI rebrand
nbcnews.com
Justice Department tells employees to adopt Trump’s AI rebrand
“This directive shall extend to court filings when appropriate,” the memo titled Super Intelligence states, sources told NBC News.
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
UPDATE: Here is Knight Institute request that 11th Cir. reject further delay and keep the Nov. 2 argument date. Doc: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Response to Motion Filed Continue Oral Argument – #133 in United States v. Knight First Amendment Institute at Columbia Univ. (11th Cir., 25-14507) – CourtListener.com
RESPONSE to Motion to continue oral argument filed by Appellee Donald J. Trump [132] filed by Attorney Scott B. Wilkens for Appellant Knight First Amendment Institute at Columbia University. [25-14507...
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
embarrassed to just be seeing this, but congrats, Ted....!
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Ted Hesson @tedhesson.bsky.social · 06/10/2026
ICE officers are now asking immigrants they arrest if they have ever voted illegally and whether they did so by mail or in person as part of a pre-election push to root out alleged voter fraud - which remains rare www.washingtonpost.com/immigration/...
washingtonpost.com
In run-up to election, ICE is asking detainees if they voted illegally
People who admit to voting illegally are then asked if it was by mail or in person.
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
JUST IN: Judge Joseph Laplante (GWBush/NH) refuses to block NH state law deleting student IDs from approved list to obtain ballot, but partially blocks broader SecState guidance that student IDs can't be used as part of the registration/voting process. Doc: www.documentcloud.org/documents/28...
documentcloud.org
NHStudentIDVotingOrd100626
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Kelsey Reichmann @kelseyreichmann.bsky.social · 06/10/2026
New: ADF files emergency application at SCOTUS challenging Washington state’s policy for transgender athletes @courthousenews.bsky.social
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
You can read it for yourself but she was hired to speak or write for the government, which the judge says raises questions about distinguishing her official speech from her personal speech.
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
JUST IN: Judge Amit Mehta (Obama/DC) denies fired Stars & Stripes ombudsman Jacqueline Smith's bid to be quickly restored to her post, but judge also declines DoD's request to dismiss case, says 1st Amendment issues are complex. Doc: www.documentcloud.org/documents/28...
documentcloud.org
SmithStarsOpn100626
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
JUST IN: #SCOTUS scratches from Friday conference petitions from 9/11 plotters bin Attash & KSM over government's retreat from their plea deals. Will be rescheduled. Earlier: www.politico.com/news/2025/07...
politico.com
Appeals court lets Pentagon back out of 9/11 plea deals
The plea deals would have eliminated death sentences for three alleged 9/11 plotters.
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Politico @politico.com · 05/10/2026
Missing justice scrambles Supreme Court oil liability fight politi.co/3Vyhwkm
politico.com
Missing justice scrambles Supreme Court oil liability fight politi.co/3Vyhwkm
Missing justice scrambles Supreme Court oil liability fight politi.co/3Vyhwkm
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
JUST IN: DOJ files brief w/11th Circuit to overturn ruling quashing subpoena for list of Fulton County election workers. Special prosecutor twice misspells "North" in own title. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/07...
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
JUST IN: 9th Cir. sets quick arguments (10/23) on Trump firing of judge-appointed US atty in WAWD. Rogoff agreed earlier today not to immediately seek enforcement of order reinstating him. Panel: Paez (Clinton), Bybee (GWBush), Sung (Biden). Doc: www.documentcloud.org/documents/28...
documentcloud.org
RogoffOrd100526
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Josh Gerstein @joshgerstein.bsky.social · 06/10/2026
UPDATE: Kagan makes short work of this last-ditch bid to block Paramount-Skydance merger, denying it without comment in matter of a few hours. Could it be a sign of more rapid-fire "noes" on the emergency docket?
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Josh Gerstein @joshgerstein.bsky.social · 05/10/2026
JUST IN: Judge George O'Toole (Clinton/MA) blocks Trump admin policy assessing massive civil fines on immigrants who fail to depart. Judge says fines don't address willfulness, changes likely req'd notice & comment. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/01...
documentcloud.org
MariaMullinOpn100526
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Josh Gerstein @joshgerstein.bsky.social · 05/10/2026
JUST IN: Trump trying to re-delay argument in repeatedly delayed 11th Circuit appeal on release of Jack Smith's Mar-a-Lago docs report. Lawyers for Trump's ex-co-defendants say they have scheduling conflicts with Nov. 2, urge Jan. 2027. Doc: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Joint Motion for Continuance of Oral Argument – #93 in Knight First Amendment Institute at Columbia Uni. v. USA (11th Cir., 26-10674) – CourtListener.com
TIME SENSITIVE MOTION to continue Oral Argument. filed by Donald J. Trump. Motion is Opposed. [93] [26-10674] (ECF: Kendra Wharton)
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Josh Gerstein @joshgerstein.bsky.social · 05/10/2026
JUST IN: Private opponents of Paramount-Skydance merger file emergency appeal with #SCOTUS in bid to derail the combination. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/09...
documentcloud.org
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Josh Gerstein @joshgerstein.bsky.social · 05/10/2026
www.reddit.com/r/TikTokCrin...
courtlistener.com
United States v. Kyle, 4:26-cr-00189 - CourtListener.com
Docket for United States v. Kyle, 4:26-cr-00189 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
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Josh Gerstein @joshgerstein.bsky.social · 04/10/2026
JUST IN: 9th Circuit, in unsigned order, grants admin stay of district judge's ruling overturning Trump's attempt to fire court-appointed US Attorney for WAWD Roger Rogoff. Doc: www.documentcloud.org/documents/28... Earlier: www.politico.com/news/2026/10...
documentcloud.org
RogoffAdminStayOrd100426
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Josh Gerstein @joshgerstein.bsky.social · 03/10/2026
JUST IN: Judge Marc Scarsi (Trump/CACD) allows Trump administration to proceed with challenge to Calif. egg regs. Sees likely intrusion on federal prerogatives and legislation. Doc: www.documentcloud.org/documents/28...
documentcloud.org
CAEggOpn100226.PDF
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Josh Gerstein @joshgerstein.bsky.social · 02/10/2026
JUST IN: Judge Michael Newman (Trump/OHSD) denies preliminary injunction to an ICEWatcher after granting TRO. Judge expresses concern about micromanaging law enforcement. Doc: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Preliminary Injunction AND Order on Motion to Vacate – #22 in Moorman v. Doe No. 1 (S.D. O...
Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Preliminary Injunction AND Order on Motion to Vacate
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Josh Gerstein @joshgerstein.bsky.social · 02/10/2026
JUST IN: Alleged ICE stalker Kyle Wagner files emergency appeal at #SCOTUS claiming 3-camp circuit split on standard of review for pretrial detention rulings. Doc: www.documentcloud.org/documents/28... Same charge faced by alleged stalker of Katie & Stephen Miller www.politico.com/news/2026/10...
documentcloud.org
2026-09-29 Wagner Stay App - Final
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Reposted by Josh Gerstein
Politico @politico.com · 01/10/2026
Trump’s Supreme Court grievance grows as new term looms politi.co/4xQ0taR
politico.com
Trump’s Supreme Court grievance grows as new term looms politi.co/4xQ0taR
Trump’s Supreme Court grievance grows as new term looms politi.co/4xQ0taR
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Politico @politico.com · 02/10/2026
Massachusetts man accused of cyberstalking campaign against Katie Miller politi.co/3Vp0Yvd
politico.com
Massachusetts man accused of cyberstalking campaign against Katie Miller politi.co/3Vp0Yvd
Massachusetts man accused of cyberstalking campaign against Katie Miller politi.co/3Vp0Yvd
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Josh Gerstein @joshgerstein.bsky.social · 02/10/2026
NEW: Feds charge Mass. man with cyberstalking over alleged persistent harassment and threats towards Katie & Stephen Miller. w/ Casey He www.politico.com/news/2026/10...
politico.com
Massachusetts man accused of cyberstalking campaign against Katie Miller
Federal prosecutors say John Anthony Proia III made dozens of calls targeting her and husband Stephen Miller.
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Josh Gerstein @joshgerstein.bsky.social · 01/10/2026
OK, impressive performance by the aircraft but I think it would be hard to argue that its design proved to be flawless www.politico.com/story/2019/0...
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Adam A. Marshall @a-marshall-plan.bsky.social · 01/10/2026
In my piece, I argued that aggressively deploying AI could give "the White House near-complete control in FOIA responses from the get-go. If a FOIA bot is deployed to make the first cut on redactions, it could be given instructions like: redact anything that contradicts the president’s statements."
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Josh Gerstein @joshgerstein.bsky.social · 01/10/2026
NEW: As the Supreme Court prepares to open a new term, the disappointment & grievance of one of its most prominent critics seems to only be intensifying. What's particularly odd is he picked a full one-third of the justices www.politico.com/news/2026/10...
politico.com
Trump’s Supreme Court grievance grows as new term looms
The president regularly rails at the justices, who may soon referee fights between him and a Democratic Congress.
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Josh Gerstein @joshgerstein.bsky.social · 01/10/2026
JUST IN: Judge Aileen Cannon (Trump/FLSD) has denied, for failure to confer with the parties in the criminal case, a motion several ex-FBI agents filed seeking to clarify whether they are gagged about discussing Mar-a-Lago probe as part of 'grand conspiracy' investigation
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
Justice Dept files ethics complaint against Minnesota fed judges over remarks in NYT interviews, argues 2 including GWBush appointee are 'overtly political' & 'partisan' for statements on immigration enforcement surge. Judges say they abided by rules www.politico.com/news/2026/09...
politico.com
Justice Department files ethics complaint against Minnesota federal judges
DOJ alleges the district judges showed bias when they spoke to The New York Times about the administration’s immigration enforcement efforts.
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
JUST IN: SCOTUS has asked CNN to respond to the Trump petition on dismissal of the "big lie" libel case he filed against the network. CNN earlier passed up the initial chance to do so. Earlier: www.politico.com/news/2025/11...
politico.com
Appeals court panel rejects Trump’s ‘Big Lie’ defamation lawsuit against CNN
The three-judge panel, which included two Trump appointees, said the network’s use of the term didn’t amount to defamation.
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
@ADAMLIPTAK GETS RESULTS: After repeatedly delaying an appeal aimed at releasing Special Counsel Jack Smith's report on Trump's handling of classified docs at Mar-a-Lago, 11th Circuit moves up the arguments from January to Nov. 2
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
It's September 30, end of the federal government's fiscal year. Happy #FOIA day to all who celebrate. Let's make those numbers, #FOIA officers!
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Steven T. Dennis @steventdennis.bsky.social · 30/09/2026
A big part of the MAGA thing is to never apologize or admit you screwed up. (Roy Cohn’s advice).
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Matt Novak @paleofuture.bsky.social · 30/09/2026
The White House accord on AI that was signed by all the big tech oligarchs today misspells United States as “Unites States.”
Document signed by Trump, Sundar Pichai
Google
Dario Amodei
Anthropic
Mark Zuckerberg
Meta

Greg Brockman
OpenAl

Elon Musk
XAI

Jensen Huang
nvidia “Unites States”
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
Someday you explain to me how Cambridge District Court can be in Medford.
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Josh Gerstein @joshgerstein.bsky.social · 30/09/2026
NEW: Appeals court rejects bid by Trump & his lawyers to immediately lift sanctions over IRS leak lawsuit that judge found collusive & crafted just as vehicle for settlement. 3-0. Judges Jordan (Obama), Rosenbaum (Obama), Newsom (Trump) www.politico.com/news/2026/09...
politico.com
Appeals court rejects Trump’s bid to block sanctions over IRS settlement
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Josh Gerstein @joshgerstein.bsky.social · 29/09/2026
JUST IN: Over dissent of the 3 liberal justices, #SCOTUS lets Trump resume 3rd-country deportation drive. But court will hear arguments in Dec. on whether the new approach illegally deprives immigrants of protections against torture and persecution www.politico.com/news/2026/09...
politico.com
Supreme Court lets Trump resume third-country deportations
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Josh Gerstein @joshgerstein.bsky.social · 29/09/2026
NEW: At rare en banc argument, DC Circuit seems inclined to let Judge Boasberg resume his contempt inquiry re the deportations to CECOT in El Salvador last year. Also, judges question whether Trump admin is making Kristi Noem a 'sacirifical lamb' www.politico.com/news/2026/09...
politico.com
Appeals court seems likely to let Boasberg’s contempt probe continue
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