Tyler McBrien

@tylermcbrien.com

Managing Editor at Lawfare @lawfaremedia.org Signal - tylermcbrien.97 Writing in the New York Times, The Atlantic, Washington Post, Slate, Mother Jones, Foreign Policy, The New Republic, the Los Angeles Review of Books, and more: www.tylermcbrien.com

Yesterday, the Trump admin made its 42nd application to the Supreme Court shadow docket—that's more than Trump's first term, as well as the Biden admin's 19 requests and the Obama and George W. Bush admin's 8 emergency docket requests combined, according to the @brennancenter.org.

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It finally happened. After weeks of threats and rumors, the Trump administration has sanctioned the International Criminal Court—hours after Navi Pillay, a former judge in the ICC's Appeal Chamber, won the Nobel Peace Prize, as @reuters.com points out.

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"ARCHITECTURE OF CRUELTY: Third Country Removal Agreements and the Second Trump Administration," the full report from @hrcberkeley.bsky.social, is now live at the link below.

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Tyler McBrien@tylermcbrien.com · last wk.

NEW: Ahead of Supreme Court oral argument on 3rd country removals in Dec, @hrcberkeley.bsky.social released a report, reading room, & other resources digging into 33 publicly available agreements the US has entered into with 29 (out of at least 35) countries. humanrights.berkeley.edu/projects/tra...

NEW: a Department of Veterans Affairs report found that 6,488 veterans died by suicide in 2024—62% of whom had no contact with the Veterans Health Administration and received no VA benefits—an average of nearly 18 veteran deaths by suicide per day, a slight decrease from 2023.

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Today in memory-holing news: the government appears to be scrubbing dockets from military commissions cases at Guantánamo Bay. One important 2023 ruling from the ongoing Al Nashiri case is now redacted in full in one spot on the OMC website...and available in full in another.

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NEW: Today, the ACLU and other immigrant rights' orgs filed a new lawsuit — NATHAN V. TRUMP — in federal court in D.C. challenging President Trump's new birthright citizenship executive order by asking a judge to declare it unlawful and prevent the admin from enforcing it.

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NEW: Lawyers for migrants in D.V.D. v DHS—a class action lawsuit challenging the Trump admin's third-country removal policy—filed its opposition to the government's emergency application to the Supreme Court for an administrative stay of the lower court's ruling agnst the policy.

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NEW: A Senate Permanent Subcommittee on Investigations report released today "exposes how [Howard Lutnick-linked] Tether & its...token have become central to Iran’s shadow banking system" allowing Iran to fund proxies, commit human rights abuses, and...defy US sanctions, says Senator Blumenthal.

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Amid Trump admin plans to admit 17,500 more Afrikaners, this story making headlines in South Africa hasn't gotten much traction in the US: an Afrikaner family lost US refugee status after returning to South Africa to treat their sick child because they still had medical aid there

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NEW: A new @hrcberkeley.bsky.social investigation found that in Mexico during President Andrés Manuel López Obrador's administration (December 2018 to September 2024), 337 journalists and human rights defenders were killed—a number much higher than previously reported. (1/6)

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Despite 1st Circuit's 9/18 ruling invalidating DHS's 3d-country removal policy, DHS claims the decision hasn't yet taken effect. Class counsel fears a flight will take class members to Burundi, Rwanda, & Central African Republic *tomorrow.* Asks 1st Cir for emergency action.

Plaintiffs-Appellants seek an emergency order clarifying that this
Court's September 18, 2026 decision is in effect as binding precedent and that this Court's March 16, 2026, stay "pending appeal" has been dissolved
now that the Court has issued its decision and judgment. In the alternative,
Plaintiffs-Appellants request the Court either issue an order lifting the
March 16, 2026 stay or issue the mandate. Emergency action is needed because Plaintiffs-Appellants have learned that Defendants-Appellees are proceeding with removing class members to third countries in Africa,
pursuant to the Department of Homeland Security (DHS) guidance which
this Court found unlawful and set aside, tomorrow. In response to an email
from class counsel, Defendants-Appellees' counsel confirmed in a 5:14 p.m.
email today that their position is that this Court's stay remains in effect until
the mandate is issued. Exhibit A. In addition, counsel for Defendants-

NEW: Tues 9/22, Sen Blumenthal & Rep Garcia will hold their 5th public forum on DHS abuses with witness testimony from family members of Ruben Martinez, Renée Good, Alex Pretti, Lorenzo Salgado Araujo, & Johan Durán Guerrero—who were all fatally shot by federal immigration agents

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I touched grass....and trees and sand and boulders and pebbles and pinecones and trekking poles...last week hiking the West Coast Trail in beautiful Vancouver Island, British Columbia. Here are some of my favorite photos from the trip:

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For more on why we at @lawfaremedia.org are suing the Trump administration and State Department, read this piece from @sranderson.bsky.social, published moments ago (link below)

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Tyler McBrien@tylermcbrien.com · last mo.

NEW: @lawfaremedia.org sued the Trump admin over State Dept and Sec Rubio's failure to disclose details of international agreements on 3rd-country deportations & other issues, allegedly in violation of the Case Act. Yesterday, Judge Boasberg in D.C. rejected the government's motion to dismiss.

NEW: @lawfaremedia.org sued the Trump admin over State Dept and Sec Rubio's failure to disclose details of international agreements on 3rd-country deportations & other issues, allegedly in violation of the Case Act. Yesterday, Judge Boasberg in D.C. rejected the government's motion to dismiss.

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Did you know that this weekend your friends are legally obligated to agree to any fun plans you make as long as you say “it’s what Dolly would’ve wanted”