Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
Judge William Orrick (N.D. Cal.) on Friday preliminarily enjoined the government from pulling federal funding from 30 cities and counties, extending a preliminary injunction he had granted to 16 other sanctuary cities and counties. See a previous Roundup for the initial preliminary injunction. (Order.) (NYT.)
On Monday, Kilmar Abrego Garcia was detained by Immigration and Customs Enforcement in Maryland, which is preparing to immediately deport him again. His lawyers filed a habeas petition in Federal District Court in Maryland seeking to stop his removal. Last Friday, after Abrego Garcia was released from criminal custody in Tennessee, the U.S. government notified his lawyers that Abrego Garcia “may [be] remove[d]... to Uganda.” Supplementing their motion to dismiss for vindictive and selective prosecution, Abrego Garcia’s lawyers alleged that the government had informed them that if their client “agreed to extend the stay of his release… and plead guilty to both counts of the Indictment, then the government would promise to deport Mr. Abrego to Costa Rica after serving any sentence imposed by the Court.” See a previous Roundup for background on the criminal proceedings against Abrego Garcia. (Notice of Supplemental Information.) (NYT.)
The Pentagon has been planning a potential military deployment in Chicago. President Trump on Friday indicated that Chicago likely will be the next target in his administration’s crackdown on crime and illegal immigration. (WaPo.)
The Education Department on Friday notified George Mason University that a federal civil rights investigation had found the university had acted unlawfully “by using race and other immutable characteristics in university practices and policies, including hiring and promotion.” (DoE Press Release.) (NYT.)
President Trump on Friday announced that Intel’s CEO has agreed to give the U.S. government 10% ownership and control of the company. (@realDonaldTrump.) (WaPo.) For critical reactions, see Scott Lincicome (WaPo) and Mike Schmidt and Todd Fisher (WSJ).
F.B.I. agents on Friday searched the home and office of President Trump’s former national security advisor, John Bolton, as part of an investigation into whether he illegally possessed or shared classified information. (WaPo.) The Justice Department conducted investigations under the first Trump administration and then under the Biden administration and did not bring a case. For critical reactions see Benjamin Wittes, who argues that it will be “very hard” to get a jury to convict Bolton (Lawfare), and Asha Rangappa, who argues that the investigation may adversely impact the perceived legitimacy and long-term effectiveness of the F.B.I. (NYT).
The Department of Homeland Security denied the nonprofit American Oversight’s request for messages received and sent by top department officials related to the deployment of the National Guard in Los Angeles. It also denied the nonprofit’s request for communications about the “Alligator Alcatraz” migrant detention camp, stating it was “unable to locate or identify any response records” since the agency “no longer has the capability to conduct a search of text messages.” (NYT.)
Professor Richard Re argues that Justice Gorsuch’s and Justice Jackson’s near allegations of bad faith in separate opinions in NIH v. APHA show that society’s polarized rhetoric is seeping into the Court and urged the justices to avoid accusations of bad faith. (Divided Argument.) James Burnham defended Justice Gorsuch’s opinion from criticisms made last week by Steve Vladeck. (@BurnhamDC.) (One First.)
Megan McArdle argues that to protect the rule of law, one must condemn all parties, both Democrat and Republican, who have “violated norms of institutional neutrality.” (WaPo.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Noem v. Perdomo: The government filed an application on August 7 to stay a federal district court order preventing federal immigration officials in Los Angeles and six other California counties from conducting detentive stops based on the following factors, according to the application: “[1] apparent race or ethnicity; [2] speaking in Spanish or accented English; [3] presence at a location where illegal aliens are known to gather; and [4] working or appearing to work in a particular type of job.” Pedro Vasquez Perdomo filed a response in opposition to the government’s application for a stay on August 12. The government filed a reply in support of its application for a stay on August 13.