Law and Chaos

Breaking! The president is bugf*** insane! But first … docket alerts. Dun-dun-DUNNNNN.

We’ve reached the “yelling at chestnuts for being lazy” stage of the presidency, as Trump barks out ever-nuttier orders.

Meanwhile in Texas, Judge Matthew Kacsmaryk managed to moot the appeal of an LGBTQ+ student group at West Texas A&M which sued in 2023 to enjoin their school’s ban on drag shows. All he had to do was rush out an opinion in 48 hours saying that drag shows are not expressive conduct covered by the First Amendment. And lie about Fifth Circuit precedent!

TG we have at least one good legal development, this time out of Minnesota!

For the main show, we’ll break down the legal implications of Elon Musk building a chatbot in his own abusive troll image. Will the Take It Down Act put a stop to AI generation of deepfake CSAM and NCII?

Meanwhile over at the Department of Homeland Security, Secretary Kristi Noem and her minions are a wee smidge confused about the Fourth Amendment. If you can even believe it! But even a blind squirrel gets a nut once in a while. DHS wins a round against legislators seeking to inspect ICE detention facilities thanks to some creative accounting. But the victory may be short-lived.]

And subscribers will get another visit with that Overstock.com weirdo Patrick Byrne, who managed to lose a defamation case against the most defamation-proof defendant in America. Guest starring: Stefanie Lambert.

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The Trump administration’s war on Minnesota continues, and now the president is threatening to invoke the Insurrection Act. Clearly he thinks that is synonymous with declaring THE PURGE. But he’s wrong, and we’ll tell you why. Plus we’ve got good news(!) on California redistricting, green energy, and voting rights.

Links:

Tangipa v. Newsom [CA gerrymander]
https://storage.courtlistener.com/recap/gov.uscourts.cacd.994285

The Atlantic Monthly v. Google [Google ad antitrust]
https://www.courtlistener.com/docket/72135468/the-atlantic-monthly-group-llc-v-google-llc/

US v. Oregon [DOJ demands OR voter rolls]
https://www.courtlistener.com/docket/71363789/united-states-v-state-of-oregon/

US v. Weber [DOJ demands CA voter rolls]
https://www.courtlistener.com/docket/71452580/united-states-v-shirley-weber

Minnesota v. USDA
https://www.courtlistener.com/docket/72074911/state-of-minnesota-v-united-states-department-of-agriculture/

Minnesota v. Noem
https://www.courtlistener.com/docket/72132615/state-of-minnesota-v-noem/?order_by=desc

Tincher v. Noem
https://www.courtlistener.com/docket/72047643/tincher-v-noem/

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Markets are freaked out about the DOJ’s threats to Federal Reserve Chair Jerome Powell. And so are we! We’ve got a deep dive into a court order barring Trump from adding an extra-legal proof of citizenship requirement to voter registration forms and a breakdown of Illinois and Minnesota’s respective lawsuits against ICE and CBP. And for subscribers, we’ll explain why JD Vance’s claim that “Every president, Democrat or Republican, believes the War Powers Act is fundamentally a fake and unconstitutional law,” is utter BS.

Links:

Kelly v. Hegseth
https://www.courtlistener.com/docket/72131361/kelly-v-hegseth/

Neguse v. ICE
https://www.courtlistener.com/docket/70964222/neguse-v-us-immigration-and-customs-enforcement

New York v. Burgum [Nichols]
https://www.courtlistener.com/docket/72126766/state-of-new-york-v-burgum/

New York v. Burgum [Lamberth]
https://www.courtlistener.com/docket/72126847/state-of-new-york-v-burgum/

Federal prosecutor in Virginia fired after refusing to lead Comey case
https://www.theguardian.com/us-news/2026/jan/12/us-attorney-virginia-fired-j

Trump DOJ fires prosecutor who declined to pursue James Comey case
https://www.ms.now/news/trump-doj-fires-prosecutor-who-declined-to-pursue-james-comey-case

Washington v. Trump [Election EO]
https://www.courtlistener.com/docket/69845185/state-of-washington-v-trump/

Illinois v. DHS
https://www.courtlistener.com/docket/72131845/state-of-illinois-v-department-of-homeland-security/

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Congressional Republicans defect to support two Democratic resolutions. It’s not exactly a show of spine — maybe a vertebrae — but is it the beginning of something? Yet another US Attorney gets disqualified, this time in New York. Meanwhile Judges in Virginia wonder how it’s remotely ethical for Lindsey Halligan to present herself in court filings as a US Attorney. The DOJ is violating the Epstein Files Transparency Act. And what legal recourse is there for the family of Renee Good, who was executed by ICE officers in Minneapolis. Plus for subscribers: Dominion tries to get Mike Lindell and Patrick Byrne to STFU long enough to wind down their litigation.

Links:
War Powers Resolution
https://www.kaine.senate.gov/imo/media/doc/dav25m71.pdf

Massachusetts v. NIH [Indirect Costs]
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1343P-01A.pdf

American Hospital Association v. HHS [Drug Rebates]
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-2236O-01A.pdf

In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. US [Disqualification US Atty NDNY]
https://www.courtlistener.com/docket/71844954/in-re-grand-jury-subpoenas-to-the-office-of-the-new-york-state-attorney

US v. Jefferson [Halligan signature challenge]
https://storage.courtlistener.com/recap/gov.uscourts.vaed.586310

US v. Comey [4th Circuit appeal]
https://www.courtlistener.com/docket/72065969/united-states-v-james-comey-jr/?order_by=desc

US v. James [4th Circuit appeal]
https://www.courtlistener.com/docket/72065734/united-states-v-letitia-james/?order_by=desc

Show Links:
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On our first show back after the holidays, Brian Finucane, a senior advisor at the International Crisis Group, explains the legal ramifications of invading Venezuela and kidnapping its leader for “law enforcement.” We’ll break down the Supreme Court’s ruling eviscerating Trump’s effort to conscript National Guard troops to terrorize cities. And for subscribers, Justin Baldoni will once again teach us (how not to) CivPro.

Links:
Trump v. Illinois [Supreme Court]
https://www.supremecourt.gov/opinions/25pdf/25a443_new_b07d.pdf

Brian Finucane, Presidential War Powers, the Take Care Clause, and Article 2(4) of the UN Charter, Cornell Law Review (2020)
https://live-cornell-law-review.pantheonsite.io/wp-content/uploads/2020/12/Finucane-final.pdf

1989 OLC Memorandum
https://www.justice.gov/olc/opinion/authority-federal-bureau-investigation-override-international-law-extraterritorial-law

US v. Commonwealth of Virginia [In-state tuition for immigrant children]
https://www.courtlistener.com/docket/72085714/united-states-v-commonwealth-of-virginia/

JGG v. Trump
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

Lively v. Baldoni
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc

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