Judge Rules That National Guard Deployment In DC Is Illegal, Concerned That 2,000 Troops May Become ‘Permanent’

A federal judge ruled Thursday that Trump’s Defense Department illegally overstepped its authority in deploying 2,000 local and out-of-state National Guard to Washington D.C., part of President Trump’s crackdown on blue cities.

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Trump Admin Retreats From ‘Domestic Terrorist’ Cases Against Chicago Protestors

Federal prosecutors are beating a broad retreat from cases they had brought against people protesting the surge of CBP and ICE agents into Chicago.

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Will Emil Bove Have to Testify in AEA Contempt of Court Inquiry?

The Most Important News of the Day

While the James Comey case provided real courtroom drama, the most historically significant courtroom development happened in more muted tones in the original Alien Enemies Act case. The long-stalled contempt of court inquiry into the Trump administration’s brazen defiance of a March court order — that blocked the AEA deportations and required the planes of immigrants en route to El Salvador to turn around — is back on.

U.S. District Judge James Boasberg of Washington, D.C., picked up pretty much where he left off in April when the D.C. Circuit Court of Appeals got involved and dragged the case out for seven months.

The AEA case is a prime test of whether the judicial branch can hold a rogue executive like Trump in check. So far, it’s not looking good, but it’s not been for a lack of trying by Boasberg.

Starting as soon as the week after Thanksgiving, Boasberg wants to hear testimony under oath from DOJ lawyers involved in the case at the outset. He’s particularly interested in hearing from Erez Reuveni, who later became a whistleblower, and Drew Ensign, who has rarely been seen in this case since his dubious representations to the court that memorable weekend in March.

A key witness to all of this is Emil Bove, who was the acting DOJ No. 2 at the time. Bove, according to Reuveni and internal communications that he made public, allegedly told DOJ lawyers in advance of the AEA deportations that they might have to tell the courts “fuck you.” It was Bove, according to those internal communications, who said it was legally permissible to deplane the AEA detainees in El Salvador despite Boasberg’s order.

Bove — who has denied proposing to defy the courts and said he doesn’t recall the fuck you remark — is now a Trump-appointed federal appeals court judge, setting up the potential for a titanic clash over his testimony in the contempt inquiry. Boasberg made no mention of Bove yesterday in court. I would imagine that Boasberg would wait until the testimony of other witnesses makes Bove’s testimony essential before he goes kicking the giant ant hill of summoning an appeals court judge into his court for a possible contempt of court referral.

Either way, I expect we’ll see the Trump administration look for any reason to bring this case back to the appeals court before it lets any of its officials testify. Here’s my full report from court.

High Drama

Courtrooms in real life rarely match what you see in the movies or on TV, but the drama was real in Comey’s case yesterday as U.S. District Judge Michael Nachmanoff picked apart interim U.S. Attorney Lindsey Halligan’s missteps in handling the grand jury that purportedly indicted Comey. There are now real legal and factual questions about whether Comey was ever properly indicted. The shenanigans only add to the cloud of bad faith and ill motive that surround a case driven by Trump’s lust for retaliation.

I broke my coverage from the Comey courtroom into two posts:

Venezuela Watch

In August, the judge advocate general for U.S. Southern Command “specifically expressed concern that strikes against people on boats in the Caribbean Sea and the eastern Pacific Ocean, whom administration officials call ‘narco-terrorists,’ could amount to extrajudicial killings,” NBC reports, but the strikes proceeded after he was overruled by higher-ups, including the DOJ’s Office of Legal Counsel.

Appeals Court Blocks Limits on Use of Force in Chicago

In a new ruling, the 7th Circuit Court of Appeals paused a lower court ruling limiting the use of force in the Trump administration’s mass deportation operations in Chicago while the case is on appeal.

Epstein Watch

  • President Trump signed the bill demanding the release of the Epstein files that Trump refuses to release.
  • The Trump DOJ’s acquiescence to his demand that Democrats — but not himself — be investigated for their Epstein ties may provide another fig leaf of a rationale for not releasing the Epstein files since there’s now an “active” investigation.
  • Larry Summers took a leave of absence from Harvard.

Wild Stuff

5th Circuit Appeals Judge Jerry Smith let loose with a wild dissent for the ages in the Texas redistricting case, hopping mad that U.S. District Judge Jeffrey Brown had issued the three-judge panel’s majority opinion before the dissenting opinion was ready, as Politico noted:

Smith lit into Brown as an “unskilled magician” who “prefers living in fantasyland.” Smith said Brown committed “pernicious judicial misbehavior” by racing to issue his opinion. Smith also slammed Brown as “no stranger to inconsistency,” called him “wrong on multiple levels” and accused him of handing “Soros a victory at the expense of the People of Texas and the Rule of Law.”

House Tries to Clean Up Senate’s Jack Smith Mess

The House voted unanimously last night to repeal a provision in the deal to end the government shutdown that allows senators to sue the federal government for seizing their phone records, including, retroactively, the eight GOP senators whose phone records were seized by Special Counsel Jack Smith in his Jan. 6 investigation. It’s not clear whether the Senate, too, will reverse its vote from last week.

Couldn’t Happen to a Nicer Guy

Rep. Cory Mills (R-FL) fended off a House censure vote over rampant allegations of misconduct but not before the House Ethics Committee launched an investigation into “claims that he improperly disclosed—or failed to disclose—information on official filings; misused congressional resources or campaign finances; received gifts or favors inappropriately; and engaged in sexual misconduct or dating violence,” the WSJ reports.

Dem Rep Indicted for FEMA Fraud

An investigation that began under the Biden administration has yielded an indictment of Rep. Sheila Cherfilus-McCormick (D-FL) and her brother for allegedly using a $5 million overpayment under a FEMA contract to fund straw donations to her congressional campaign, the WaPo reports.

The Destruction: CDC Edition

Under anti-vax jihadist Robert F. Kennedy Kr., the CDC has revised one of its webpages from saying vaccines do not cause autism to now saying they might.

The Purge: FBI Edition

A former FBI staffer who was fired last month for having a Pride flag in his office is suing for wrongful discharge. David Maltinsky, a gay man, had worked for the bureau for 16 years in a staff role and was training at Quantico to be an FBI special agent when he was terminated.

The Purge: Charlie Kirk Edition

In a purge spearheaded by senior Trump administration officials, local Republican lawmakers, and their allies, more than 600 Americans have been fired, suspended, placed under investigation or disciplined by employers for comments about the September 10 assassination of Charlie Kirk, according to a Reuters review of court records, public statements, local media reports and interviews with two dozen people who were fired or otherwise disciplined.

The Purge: Texas Edition

A Republican woman overseeing the Alamo’s renovation has been ousted from two different positions after (i) taking the blame for a “woke” social media post commemorating Indigenous Peoples’ Day and (ii) receiving a call from Lt. Gov. Dan Patrick (R) objecting to this passage from page 80 of her 2023 PhD dissertation: “Personally, I would love to see the Alamo become a beacon for historical reconciliation and a place that brings people together versus tearing them apart, but politically that may not be possible at this time.” She’s now suing.

Thread of the Day

SCOOP — A former staffer for Rep. Jeff Van Drew (R-NJ), Natalie Green, 26, was charged today for falsely reporting she was attacked by 3 men who wrote "TRUMP WHORE" on her stomach bc of her job. It was staged by her + a friend.Van Drew isn't named in the complaint but I've confirmed w/ his office.

Marisa Kabas (@marisakabas.bsky.social) 2025-11-19T23:22:31.878Z

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Trump Admin Terrorist Designations Show Latest Attempt to Target Domestic Enemies

When Secretary of State Marco Rubio added four European anti-fascist groups to the list of Foreign Terrorist Organizations last week, he failed to tell the public one thing: how, exactly, these groups threaten Americans.

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The Trump Admin’s War on Data Is Compromising Major Health Advancements for Black Americans

Thanks to a 2009 medical breakthrough, researchers could be on the precipice of answering one reason why Black Americans are disproportionately diagnosed with kidney failure, and offering a solution to the issue. That discovery, doctors and researchers told TPM, may not have been possible without decades of analysis of federal race and ethnicity figures collected on every American citizen diagnosed with kidney failure. Now, the Centers for Medicare and Medicaid Services, or CMS, have ceased collecting that information — data swept away in President Donald Trump’s purge of so-called diversity, equity, and inclusion initiatives.

Dialysis is the closest thing to universal health care America has. Anyone diagnosed with end-stage renal failure who has paid into Medicare is eligible for treatment coverage, regardless of age. As a result, the federal government has become the chief collector and keeper of patient information, from race and gender demographics to when a patient was first diagnosed with kidney failure. 

But CMS, under the leadership of Dr. Mehmet Oz, removed questions about a patient’s race and ethnicity in June. Advocates said there’s no easy, intuitive or public way to replace the data, which has been used for everything from identifying trends to allocating treatment resources to underserved populations.

“I have often been asked the question of ‘why are you a nephrologist?’” said Dr. E. Jennifer Weil, nephrology professor at the Emory School of Medicine. “And I’m like, well it’s the only socialized medicine program in the states.” 

In August, three major nephrology groups sent a letter to Oz urging him to reinstate the race and ethnicity questions. They haven’t received a response, advocates told TPM.

The loss of race and ethnicity data “would hinder public health research, health services planning, and the design of targeted interventions to improve kidney health outcomes for all Americans,” the letter states.

Trump in his second term has launched a sweeping effort to eradicate racial equity and gender equality from the federal government, and targeted similar efforts in the private sector, too. From major companies rolling back their DEI commitments to appease the president, to the federal government purging the recognition of Black soldiers at Arlington Cemetery, the Trump administration has eviscerated efforts to address systemic racism and sex and gender bias, purportedly out of adherence to meritocracy.

But health care researchers, doctors and advocates told TPM, cannot ignore these kinds of disparities. 

“I think, unfortunately, a lot of things have been lumped together,” Dr. Deidra Crews, a nephrologist, professor, and former president of the American Society of Nephrology, told TPM. “There’s a big difference between collecting information for the purposes of knowledge, and doing what I believe [the Trump administration] primarily opposes[s], which is any sort of selection of individuals for opportunities based upon race or ethnicity.”

After this article was published, CMS responded to TPM’s requests for comment saying questions about race on patient health enrollment forms were “unnecessary regulatory burdens” and don’t align with Trump’s anti-DEI executive order.

“CMS remains committed to promoting access to high-quality care for every American,” a CMS spokesperson said via email. “This update focuses CMS programs on outcomes that improve patient care and comply with statutory requirements.”

The agency did not respond to specific questions about the ways race data has been used for medical advancement.

A Race Data Change That Contradicts Trump’s Own Goals 

Activist Shep Glazer in 1971 rolled a “bulky but portable” dialysis machine onto the floor of the House Ways and Means Committee, according to an Associated Press article from the time, to show legislators what he had to do to stay alive, and humanize the cost of the treatment. A 1971 Newsday report said Glazer’s dialysis cost $26,000 over three years, equivalent to roughly $212,180 today. 

“We live in constant terror that if these treatments are taken away from us because our money has run out, death will come in a matter of weeks,” Glazer said at the committee hearing.

By 1972, Congress passed legislation guaranteeing Medicare coverage for every American diagnosed with end-stage renal disease. The impetus behind it, Weil said, was to save American lives.

“We’re just gonna let people die?” Weil said of the 1970s incident. “And Congress at that time voted to establish the United States Renal Data System, which enters people into the program that pays for the dialysis.”

The USRDS is the database in which patient information is collected and stored using a medical form called the CMS 2728. Typically administered at a medical facility, patients are interviewed by facility staff members who ask a set list of questions. Before the Trump administration’s changes, the 13-page form included questions about race, ethnicity, sex and gender, along with comorbidities and whether a patient was informed of organ transplant options. Most of those questions remain, along with some additional ones pushed for by nephrology advocates. 

“We’re still giving dialysis to anybody who needs it,” Weil continued. “But the 2728 form was changed.”

Race is used in nephrology research to find and understand diagnosis incidence trends. It’s used to help allocate resources to underserved dialysis centers and populations. 

The data was used to investigate why Black people account for 13% of the U.S. population, but make up 33% of end-stage renal failure patients, according to the American Kidney Fund. A decades-long inquiry led researchers to identify APOL1, a gene prevalent in West African people to help defend against sleeping sickness, a disease that doesn’t exist in the U.S., as one potential factor for the disparity. As a result of the breakthrough, Vertex Pharmaceuticals is conducting human clinical trials of a drug developed to target the gene and intended to help reduce the risk of kidney failure in African Americans. The Phase 3 study is ongoing and is administering the drug alongside a placebo to confirm its efficacy, meaning the drug may soon become widely available.

Race is also important to help advance one of Trump’s marquee health goals from his first term: increasing home dialysis.

In July 2019, advocates celebrated Trump’s executive order on “advancing American kidney health” which included, among other goals, increasing the number of patients receiving dialysis at home instead of at a dialysis center.

“Black and Hispanic patients are less likely to even be offered those therapies but they’re also less likely to adopt those therapies,” said Crews.

Removing federally-tracked race data “definitely seems to run counter to that,” Crews said later. “It makes it so we can’t track whether we’re achieving what seemed to be a goal of [Trump’s administration].” 

Removing Race is Not ‘What’s Best for the Country’

Weil, who works at the Atlanta Veterans Affairs Medical Center, is one of thousands of VA nephrologists working on the Vertex clinical trial aimed at targeting the APOL1 gene to help reduce the risk of kidney failure in African Americans. She cares first, she said, about the issue of racial equity in a multi-racial America. But beyond that, Weil and Crews said the Phase 3 clinical trial wouldn’t have been possible without data on patient race and ethnicity collected by the federal government for about half a century.

Vertex did not provide comment to TPM, instead referring questions to an unrelated kidney health advocacy group.

“I’m horrified,” Weil said. “I’m horrified, and it feels to me like a personal blow. Even though I’m not Black, it feels like a personal blow to me because this is how I’ve built my research interests.”

Weil believes Medicare’s coverage of kidney failure treatment is “probably the most expensive entitlement that the government funds.” Dialysis can cost more than $70,000 a year for uninsured patients.

Joseph Vassalotti, a nephrologist and chief medical officer at the National Kidney Foundation, said collecting race and ethnicity demographics, and using that data to support research and resource allocation, is “in the public trust.”

“My goal in communicating with you is to do what’s best for people with kidney failure and do what’s best for the country,” Vassalotti said. “I don’t think that removing race in the demographics is consistent with what’s best for the country.”

How James Comey’s Vindictive Prosecution Claim Fared In Court

ALEXANDRIA, VA—This morning’s hearing on James Comey’s motion to dismiss for vindictive and selective prosecution was largely overshadowed by the revelation that the indictment may not be valid because it was botched by interim U.S. Attorney Lindsey Halligan. You can read my initial report from court here.

It would be an epic way for the weaponized prosecution of Comey to end: the Trump loyalist with no prosecutorial experience so badly mishandling the basic nuts and bolts of grand jury practice that no indictment ever attached to Comey.

But a botched indictment only indirectly gets at the heart of the bad faith and ill motive that is driving the Comey prosecution, so let’s run through some of the highlights of the nearly hour-long argument that preceded U.S. District Judge Michael Nachmanoff pressing prosecutors for answers on their mishandling of the grand jury. Instead of recounting the arguments from both sides — former deputy Solicitor General Michael Dreeben for Comey and Nathaniel Lemons for the government — I want to zoom in on what most interested the judge and where his questions were most focused.

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The Latest Way Trump May Seek to Avoid Releasing All the Epstein Files

There has been no clear reporting today on when exactly President Trump intends to sign the bill that will give the DOJ the green light to release the files it has on investigations into convicted sex offender Jeffrey Epstein.

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Gov. Greg Abbott Was Ordered to Release Some of His Emails With Elon Musk. Most Are Blacked Out.

This article was first published as a collaboration between ProPublicaThe Texas Newsroom and The Texas Tribune as part of an initiative to report on how power is wielded in Texas.

Months after fighting to keep secret the emails exchanged between Texas Gov. Greg Abbott’s office and tech billionaire Elon Musk’s companies, state officials released nearly 1,400 pages to The Texas Newsroom.

Continue reading “Gov. Greg Abbott Was Ordered to Release Some of His Emails With Elon Musk. Most Are Blacked Out.”

Release the Trump-MBS Call About Khashoggi?

Yesterday President Trump met in the Oval Office with Saudi Arabia’s de facto ruler Mohammed bin Salman (MBS) and, in the midst of defending him over the murder of Saudi journalist Jamal Khashoggi, said that MBS “knew nothing about it.” Last night Rep. Eugene Vindman (D-VA) went to the well of the House and gave a brief speech in which he said that the two most troubling presidential calls he had reviewed while serving on the National Security Council staff were the infamous one with President Zelenskyy and another heretofore unknown call with MBS. Vindman then goes on to imply that the call showed Trump not knew MBS ordered the murder but likely supported it. Vindman first posted the video on Twitter last night. This morning he posted the same video on Bluesky. But in the caption he writes in the post — as opposed to the video — he zeroes in specifically on Trump’s claim that MBS “knew nothing about it.”

Continue reading “Release the Trump-MBS Call About Khashoggi?”