Ep 278 — DOJ In Disarray

DOCKET ALERTS:   Congratulations to Senator Elect Scott Colom!   The Trump administration and the Senate Judiciary Committee are conniving to jam through two judicial nominees in Texas. One is T. Elliott Gaiser, the hack crapping out nonsense legal opinions at the Office of Legal Counsel. The other, James Sullivan,  was just rejected by the voters of Texas to serve on the state's Supreme Court.   Sen. Richard Blumenthal published a report on $133.5 million in funds allocated to prevent human trafficking which the Trump administration refused to spend. Add it to the pile of impoundment violations that Dems will sue over in January.   Judge Ana Reyes will hold a hearing Friday morning in the DC golf course case. Associate Attorney General Stan Woodward's presence will be required. Don Jr. is ending his affiliation with Kalshi after taking a similar role with Polymarket. Funny how neither company minded sharing the dimwit dauphin before the election!   MAIN SHOW:   The Trump DOJ is accelerating its attacks on media, particularly using subpoenas and searches to discover sources. This week the Fourth Circuit pushed back, with the help of LinkedIn, which sued to block a subpoena for reporters' metadata.   Meanwhile, the DOJ is toying with the idea of charging the New York Times as a co-conspirator in the latest James Comey case. And in DC, Jeanine Pirro is on a mission to find the leaker in the Dobbs case.   Alina Habba got fired from her $50M gig as "counsel" to a shell company owned by a Venezuelan banker after Trump called it "obnoxious and outrageous." And investigators from the Office of Attorney Ethics in New Jersey found that she committed misconduct when she persuaded a waitress at Trump's New Jersey golf club to take a measly $15,000 settlement in her sexual harassment case.   The Trump DOJ continues to harass Democratic politicians and threaten to investigate them if they use their position to conduct oversight of the Trump administration next year. White House Counsel Will Scharf sent a preposterous letter to Rep. Robert Garcia, the incoming Oversight chair. And Aaron Reitz, the US Attorney for the Southern District of Texas, tweeted out a bumptious threat to Senator Richard Blumenthal.   Back in DC, Todd Blanche's enforcer Aakash Singh tells US Attorneys to get on board or GTFO.   SUBSCRIBER BONUS:   Trump appointee Judge Jeffrey Kunst has found a way to avoid dismissing Trump's defamation trollsuit against the BBC for lack of personal jurisdiction. And it is to utterly disregard every law and precedent about personal jurisdiction.   Sen. Blumenthal's Report on Unspent Funds to Combat Human Trafficking https://www.blumenthal.senate.gov/imo/media/doc/2026-11-9_final_report_ovc_human_trafficking_grants.pdf   DC Preservation League v. Department of Interior [Golf Course] https://www.courtlistener.com/docket/72278895/dc-preservation-league-v-department-of-interior   Alina Habba Mildon Loses $50 Million Contract That Enraged Trump https://www.nytimes.com/2026/11/10/us/politics/alina-habba-fired-pardon.html   New Jersey Judiciary Agency Charges Alina Habba Mildon With Ethics Violations https://www.washingtonsun.com/legal/new-jersey-judiciary-complaint-alina-habba-mildon   In re: Application [Fourth Circuit Reporters' Subpoena LinkedIn] https://www.courtlistener.com/docket/73497599/in-re-application/   DOJ Chief Urges Wartime Footing, Warns of US Attorney Purges [Bloomberg News Nov. 10, 2026] https://news.bloomberglaw.com/us-law-week/doj-official-urges-wartime-footing-warns-of-us-attorney-firings   Trump v. BBC https://www.courtlistener.com/docket/72040010/trump-v-british-broadcasting-corporation/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

DOCKET ALERTS:   A proposed class action against McDonalds for passing off the McRib as a sandwich made from pork ribs (it's not) can go forward.   The Supreme Court of Arkansas announced that a former employee had altered bar exam results in at least eight test cycles. She's been charged with 65 counts of tampering with an official record.   Outgoing Rep. Thomas Massie filed articles of impeachment against Defense Secretary Pete Hegseth.   DOOFUS OF THE DAY: Donald Trump, who tore down the East Wing, purported to designate the Oval Office as a national monument, barring future presidents from changing or demolishing it.    MAIN SHOW:   Why are so many lawyers leaving the DOJ after the election? So far the departed include: Harmeet Dhillon, head of the Civil Rights Division; Brett Shumate, head of the Civil Division; John Eisenberg, head of the National Security Division; and Jason Reding Quinones, US Attorney for the Southern District of Florida.   Associate Attorney General Stan Woodward shows us the chaos to come after all the normie lawyers head for the exits. In Chicago, he entered his appearance in the Broadview 6 case and proceeded to give Judge April Perry two (figurative) middle fingers — twice in the past two weeks! She's on the cusp of appointing a special master to investigate the government's misconduct in the case. And meanwhile in DC, Judge Ana Reyes has appointed a special master to get to the bottom of the DOJ's lies in the golf course case.    What can Democrats do with control of both Houses? Well, first order of business has to be suing to take back Congress's power of the purse.   SUBSCRIBER BONUS:    The acting US Attorney in the Western District of Washington says his office will not bother to defend ICE/DHS in habeas corpus cases any more.    Le v. McDonalds [McRib class action] https://www.courtlistener.com/docket/72074554/le-v-mcdonalds-corporation/   Joint Statement Regarding State Criminal Charges and Irregularities in the Supreme Court of Arkansas's Office of Professional Programs and the Arkansas Bar Examination https://arcourts.gov/sites/default/files/2026-11/Joint%20Press%20Release%20%2811-05-2026%29_0.pdf Establishment of the Oval Office National Monument https://www.whitehouse.gov/presidential-actions/2026/11/establishment-of-the-oval-office-national-monument/   Hegseth Impeachment Articles https://massie.house.gov/uploadedfiles/hegseth_articles_of_impeachment.pdf   DC Preservation League v. Department of Interior [Golf Course] https://www.courtlistener.com/docket/72278895/dc-preservation-league-v-department-of-interior   US v. Rabbit [Broadview 6] https://www.courtlistener.com/docket/71795281/united-states-v-rabbitt/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

Andrew and Joe dissect the historic 2026 midterms, including what to expect in the outstanding Senate races in Alaska and (shockingly) Mississippi; what it all means; why winning state legislatures and governorships may be as important as winning the House and Senate; and how we can start to forge a new way forward.   Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

DOCKET ALERTS:   A magistrate judge in DC dismissed the criminal complaint against Nikki Floris and Bradley Benavides, two decorated FBI agents who wound up on Trump's hit list for being insufficiently supportive of his lies about Chinese interference in the 2020 election.    Associate Attorney General Stanley Woodward entered his appearance in the Broadview 6 case and told Judge April Perry that the government would not be complying with any judicial investigations. Judge Perry was not amused. She set a hearing for November 16, ordered US Attorney Andrew Boutros to show up and testify, and invited anyone with relevant information to appear. That would appear to include Douglas DePodesta, the former FBI supervisor in Chicago who just sued Boutros, AG Todd Blanche, and FBI Director Kash Patel for wrongfully terminating him to make him a scapegoat in this case.   Meanwhile in DC, Stan Woodward is coming perilously close to getting held in contempt in the DC golf course case.   DOOFUS OF THE DAY: Rep. Haley Stevens, for obvious reasons.   ELECTION ROUND UP:   DOJ loses the trollsuit seeking to segregate ballots in Alaska and enjoin certification if Mary Peltola wins, as Chief Judge Sharon Gleason trashes Woodward's lawyering. (Sensing a pattern here!)   Then, we have a comprehensive story about all the ways Donald Trump can't steal the midterms. He's already failed at trying to create a national voter database. He's 0-28 at forcing states to turn over their voter rolls. The ham-fisted efforts by his DOJ to force California to purge alleged noncitizens got dropkicked by a federal district court judge in California, another one in DC, the Ninth Circuit (twice!) and the Supreme Court – all in the span of about 72 hours.   We're gonna make it. And don't forget to VOTE!   US v. Alaska https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/   US v. Floris https://www.courtlistener.com/docket/75010510/united-states-v-floris   US v. Rabbit [Broadview 6] https://www.courtlistener.com/docket/71795281/united-states-v-rabbitt/   DePodesta v. Boutros https://www.courtlistener.com/docket/75056492/depodesta-v-boutros/   US v. California [District Court] https://www.courtlistener.com/docket/74967108/united-states-v-state-of-california/?order_by=desc   US v. California [9th Circuit] https://www.courtlistener.com/docket/75037590/united-states-of-america-v-state-of-california-et-al/?order_by=desc   US v. California [Supreme Court] https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26a624.html   Trujillo v. DHS [DC challenge to California list] https://www.courtlistener.com/docket/74737644/trujillo-v-us-department-of-homeland-security/?order_by=desc Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

Twitch streamer Hasan Piker is suing Scott Jennings for defamation after the conservative podcaster edited clips to make Piker sound racist.   Bill Essayli, who has been holding himself out as the First Assistant US Attorney in the Central District of California and supervising the office, got even more disqualified from serving as US Attorney.    In the lawsuit over Trump's "Memorial Arch," the DOJ submitted affidavits from DHS Secretary Markwayne Mullin and Secretary of Defense Pete Hegseth pinky-swearing that the structure is critical for national security. Judge Tanya Chutkan said that they had to attend Friday's hearing, like any other sworn declarant. The DOJ says NO FAIR!   Meanwhile in Judge Ana Reyes's courtroom, the DOJ is creeping ever closer to getting held in contempt over their prevarication about plans to close the East Potomac Golf Course.    DOOFUS OF THE DAY: James O'Keefe, the original hidden camera troll, got charged with felony identity theft in Minnesota for impersonating voters at the polls during the August primary.   MAIN SHOW:   The Trump administration is trying to prosecute two former FBI officials who are in Trump's sights for failing to support his lies about Chinese interference in the 2020 election. The charge is lying to Congress, but it may implode before they can even secure an indictment.   The DOJ's lawsuit seeking to purge votes in California failed at the Ninth Circuit. Then it went back to the trial court, where Judge David Carter held a hearing and promptly denied the government's motion for a TRO. Now it's heading back to the Ninth Circuit for another drubbing.   SUBSCRIBER BONUS:   What is going on with the DOJ's effort to prevent Alaska from certifying the results of the Senate election if Peltola wins?   Piker v. Jennings https://www.courtlistener.com/docket/75026995/piker-v-jennings/   US v. Tran [Essayli disqualified] https://www.courtlistener.com/docket/72085974/united-states-v-tran   Lemmon v. Trump [Arch] https://www.courtlistener.com/docket/72301112/lemmon-v-trump/   DC Preservation League v. Department of Interior [Golf Course] https://www.courtlistener.com/docket/72278895/dc-preservation-league-v-department-of-interior   US v. Floris https://www.courtlistener.com/docket/75010510/united-states-v-floris/   US v. California [District Court request to segregate ballots] https://www.courtlistener.com/docket/74967108/united-states-v-state-of-california/   US v. California [9th Circuit appeal] https://www.courtlistener.com/docket/75037590/united-states-of-america-v-state-of-california-et-al/   US v. Alaska [District Court request to not certify Peltola] https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/?order_by=desc Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

Congratulations to Maurene Comey, who  won her wrongful termination suit against the DOJ, which fired her last year despite a decade of exemplary performance.   US Attorney for DC Jeanine Pirro proudly announced a criminal complaint against two former FBI officials for lying to Congress. Let's see if she can actually get an indictment from a grand jury.   Arizona AG Kris Mayes sued Maricopa County Record Justin Heap and forced him to restore the registrations of 25 citizens wrongly flagged as illegal voters by the SAVE database.   HHS got caught submitting fake case cites in a judicial proceeding. Again.   MAIN SHOW:   The government sued California to force it to purge its voter rolls with the election underway. When the trial judge failed to rule within 15 hours, they filed an emergency appeal to the Ninth Circuit. We wrote about Sunday's oral argument. And now the panel has smacked down the government hard.   The DOJ is suing to block certification of Alaska's Senate race, but only if Democrat Mary Peltola wins.   DOJ is trying to charge James Comey again, this time with leaking classified information ten years ago … outside the statute of limitations.   Comey v. DOJ  https://www.courtlistener.com/docket/71348216/comey-v-united-states-department-of-justice/   US v. Floris  https://www.courtlistener.com/docket/75010510/united-states-v-floris   Maricopa County recorder restores 25 voters wrongly flagged as noncitizens, ending lawsuit https://azmirror.com/2026/10/23/maricopa-county-recorder-restores-25-voters-wrongly-flagged-as-noncitizens-ending-lawsuit/   Over 80 Percent Of Citations 'Fictitious, Erroneous, or Irrelevant' In Trump Admin Brief https://abovethelaw.com/2026/10/over-80-percent-of-citations-fictitious-erroneous-or-irrelevant-in-trump-admin-brief/   US v. California [9th Circuit appellate docket] https://www.courtlistener.com/docket/75011344/united-states-of-america-v-state-of-california-et-al/   US v. California [CA District court docket] https://www.courtlistener.com/docket/74967108/united-states-v-state-of-california/   Ninth Circuit Bats Around DOJ Lawyer in CA 'Emergency' Vote Purge [lawandchaospod.com] https://www.lawandchaospod.com/p/ninth-circuit-bats-around-doj-lawyer   US v. Alaska https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/   US v. Comey https://www.courtlistener.com/docket/75009254/united-states-v-state-of-alaska/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

DOCKET ALERTS:   Alina Habba is newly married and locked in a knife fight with fellow Trumplander Ric Grenell. She says he failed to deposit a $6 million check to the Kennedy Center. And — hey, what a coincidence! — a week later, the New York Times reported that Habba got a $50 million contract from a Venezuelan billionaire seeking a pardon for campaign finance violations.    Virginia State Senate President Pro Tempore Louise Lucas got indicted for running a chain of unlicensed marijuana dispensaries with her family.   A magistrate judge in Florida says Trump has to sit for a deposition by December 11 in his defamation trollsuit against the BBC.   DOOFUS OF THE DAY: It's a pitched battle between the bottom of Donald Trump's personal lawyers, Daniel Epstein, who filed a motion to please decide this quickly because being sanctioned by a federal judge is embarrassing, and Alex Jones's, who got two extensions of time to file their Fifth Circuit brief and somehow still managed not to turn in their homework on time. Now the Fifth Circuit might toss Alex Jones's appeal without a hearing.   MAIN SHOW: Two weeks before the midterm elections, the Department of Justice is demanding that California "segregate" 20,000 mail-in ballots from voters it says are noncitizens. Trump's henchmen filed a lawsuit and tried to steer this case to one of his appointees, but the move backfired and landed on the docket of one of the administration's harshest critics, Judge David Carter. Whoops!   Judge Araceli Martínez-Olguín issued an injunction blocking HSI thugs from harassing citizens for voting.   SUBSCRIBER BONUS: Civil procedure FTW! In a lawsuit filed by the NAACP seeking to prevent Homeland Security from sending goons to the polls. A federal judge just ordered expedited discovery in an effort to protect the security of the midterms.   Exclusive: White House probes claims of missing Kennedy Center money in "MAGA blood feud" https://www.axios.com/2026/10/14/trump-kennedy-center-donation-maga-feud   A Billionaire Wanted a Trump Pardon. His Family Gave Alina Habba a $50 Million Deal. https://www.nytimes.com/2026/10/20/us/politics/julio-herrera-pardon-alina-habba.html   US v. Lucas https://www.courtlistener.com/docket/75002838/united-states-v-lucas/   Trump v. BBC https://www.courtlistener.com/docket/72040010/trump-v-british-broadcasting-corporation/   Donald Trump v. Thirty Five Federal Judges [11th Cir. appeal of attorney sanctions in IRS case] https://www.courtlistener.com/docket/73710657/donald-trump-v-thirty-five-former-federal-judges/   Jones v. Heslin [Alex Jones 5th Cir. appeal] https://www.courtlistener.com/docket/73472491/jones-v-heslin/   US v. California [DOJ demands California purge mail-in ballots] https://www.courtlistener.com/docket/74967108/america-v-california-state-of/   California Nurses Association v. Mullin https://www.courtlistener.com/docket/74815064/california-nurses-association-v-mullin   NAACP v. DHS [Subscriber bonus] https://www.courtlistener.com/docket/74811483/national-association-for-the-advancement-of-colored-people-v-us/   Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

DOCKET ALERTS:   The Supreme Court is back in session. In Monday's orders list, the justices agreed to hear two important cases.   In DOJ v. McNutt, they'll decide whether the government can ban home distilling under its taxation power.    In Association for Educational Fairness v. Montgomery County Board of Education, they'll decide whether facially neutral policies which have a disparate impact on a particular ethnic group, are illegally discriminatory.   The justices did not decide the copyright case BMG v. Vetter, because it involved the parent company of Penguin Random House, which published books by Justices Sotomayor, Gorsuch, Barrett, and Jackson.   MAIN SHOW:   Trump's defamation suit against the BBC is mired in discovery disputes. Who knew you had to sit for deposition when you sue someone, even if you're the president. Trump is also big mad that Auntie Beeb wants to depose Jack Smith.   DOOFUS of the Day, Associate Attorney General Stanley Woodward, is trying hard to get himself sanctioned by Judge Ana Reyes in the litigation over the East Potomac Golf Course.   The DC Circuit heard oral argument in Trump's effort to overturn the Presidential Records Act so that he can steal all the documents from the White House and sell them to the highest bidder.   SUBSCRIBER BONUS:   Let's pack the Supreme Court … or not. We'll shout about recent pieces by law professors Steve Vladeck and Beau Baumann.   DOJ v. McNutt https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26-204.html   Association for Educational Fairness v. Montgomery County Board of Education https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26-12.html   BMG v. Vetter https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-1391.html   Trump v. BBC https://www.courtlistener.com/docket/72040010/trump-v-british-broadcasting-corporation/   DC Preservation League v. Department of Interior [Golf Course] https://www.courtlistener.com/docket/72278895/dc-preservation-league-v-department-of-interior   American Historical Ass'n v. Trump (DC Cir.) https://www.courtlistener.com/docket/73432626/american-historical-association-v-donald-trump/   Beau Baumann, 'The Vladek Tragedy'  https://bbaumann.substack.com/p/the-vladeck-tragedy   Steve Vladek, 'Hard Questions About Court Expansion' https://www.stevevladeck.com/p/bonus-257-hard-questions-about-court Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

DOCKET ALERTS:   Maryland Congressman Andy Harris is confused about who gets to record him losing his mind in public.   Judge Tim Kelly issued a preliminary injunction, continuing the TRO which blocked the White House from banning reporters from CNN, MSNOW, and Politico from accessing the White House grounds. Naturally the White House has appealed to the DC Circuit. And now the DOJ is investigating media outlets who boycotted pool coverage for potential antitrust violations. (No, it's not an antitrust violation, STFU.)   Judge Ana Reyes is pissed that the Park Service razed hundreds of healthy trees at East Potomac Golf Course after repeatedly assuring her that they'd do no such thing. She issued a TRO and vowed to put officials on the stand Monday until she finds out who is to blame.   DOOFUS OF THE DAY: The new White House Press Secretary Katie Zacharia is very bad at her job. She's also not a lawyer, despite years of holding herself out as one.    MAIN SHOW:   Can the Trump administration really denaturalize and deport Rep. Ilhan Omar?   The J.M. Smucker Company has sued Trader Joe's for trademark infringement and dilution over its knockoff "Uncrustables." Is this another "Buc-ee's" overreach, or does Smucker's have a point?   SUBSCRIBER BONUS:   An appeals court in Ohio just struck down the state's voucher program that funnels taxpayer money to religious schools. We talk about that case and the separation of church and state and so much more.   CNN v. Trump https://www.courtlistener.com/docket/74823502/cable-news-network-inc-v-trump/   Trump's new press secretary, Katie Zacharia, claims she's a lawyer. Is she? https://popular.info/p/trumps-new-press-secretary-katie   DC Preservation League v. Department of Interior [Golf Course] https://www.courtlistener.com/docket/72278895/dc-preservation-league-v-department-of-interior   J.M. Smucker Co. v. Trader Joe's  https://www.courtlistener.com/docket/71631587/jm-smucker-company-v-trader-joes-company/?order_by=desc   Columbus City School District v. Ohio [10th District Ohio Court of Appeals] https://www.supremecourt.ohio.gov/rod/docs/pdf/10/2026/2026-Ohio-4047.pdf   Ohio Constitution Art. VI, Sec. 2 https://codes.ohio.gov/ohio-constitution/section-6.2   Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

The rule of law is under attack and the DOJ's prestige and presumption of regularity have crumbled. How do we fix this moving forward?   Akiva Cohen joins us to discuss GLOW Law (Government Lawyers Oversight Watchdog). Their objective is to hold attorneys accountable for acting unethically or illegally in service of POTUS & DOJ. GLOW also seeks to highlight instances of legal courage by government attorneys when behavior calls for it.   GLOW Law https://glowlaw.org/about/   Akiva Cohen https://www.kusklaw.com/akiva-cohen Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod