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The government yesterday filed an emergency motion that asked Judge James Boasberg to stay his Tuesday order directing the government to answer factual questions by noon yesterday related to its compliance with the court’s Saturday evening order. The government suggested in its motion that it may invoke the State Secrets privilege over some of the requested information. Judge Boasberg gave the government until noon today to file its response. Following Judge Boasberg’s order, plaintiffs filed before him an opposition to the government’s motion to vacate Judge Boasberg’s temporary restraining order. The government also filed a motion in the court of appeals in support of its motion for a stay pending appeal, and the court of appeals scheduled oral argument in the case for Monday. See the background in previous Roundups. (Government’s motion for a stay.) (Judge Boasberg’s order.) (Plaintiffs’ motion opposing the government’s motion to vacate TRO.) (Government’s motion in the court of appeals in support of its motion for a stay.) (D.C. Circuit’s scheduling order.)
Samuel Bray criticized the government’s argument in its stay motion yesterday that there is no remedy for actions it has already taken. (Divided Argument.) And Ilya Somin argued that the Alien Enemies Act deportations constitute exceptionally bad due process violations. (The Volokh Conspiracy.)
Judge Beryl Howell (D.D.C.) on Wednesday refused to enjoin the Trump administration’s assumption of control over the U.S. Institute of Peace. Judge Howell found that the organization may be an executive agency and that some of the applicable removal provisions “may be constitutionally suspect under Myers v. United States.” See background here. (Order.)
Judge Jesse Furman (S.D.N.Y.) on Wednesday transferred the case of Palestinian activist Mahmoud Khalil to federal district court in New Jersey because, according to Judge Furman, when Khalil’s lawyers filed the habeas petition on his behalf, Khalil was in New Jersey. See the background preceding this order here and here. (Opinion and Order.)
The Trump administration detained an Indian national and postdoctoral fellow at Georgetown University, Badar Khan Suri, on Monday night—according to a habeas petition filed on Suri’s behalf. The petition reportedly says that the government cited the same authority for Suri’s deportation under the Immigration and Nationality Act that the government cited in the Mahmoud Khalil case. (Politico.)
The Trump administration said on Wednesday that it would suspend approximately $175 million in federal funding for the University of Pennsylvania because of the school’s policies related to transgender athletes. (NYT.)
The New York Times outlined the ways it says President Trump “is trying to consolidate control over the courts, Congress and even, in some ways, American society and culture.” (NYT.)
In the first edition of our new feature, “Chat,” Bob and Jack broke down yesterday’s news related to executive power—including the Alien Enemies Act saga, the U.S. Institute of Peace takeover, and the administration’s broader legal strategy. (Executive Functions.)
Steve Vladeck argued that despite the Trump administration’s poor record in court, in many cases these actions are still producing their desired effects and harming individuals and organizations. (NYT.)
John Vecchione argued for the elimination of the Council of the Inspectors General for Integrity and Efficiency. He said the committee exercises significant investigative power with no accountability to the president. (WSJ.)