Roger Parloff

@rparloff.bsky.social

Senior Editor, Lawfare. Practiced law a long time ago. Email: roger.parloff@lawfaremedia.org ; signal rparloff.61

For those confused, SCOTUS already denied review of Carroll's $5M verdict, for sexual abuse (in 1996) and post-presidency defamations, which was tried first. Trump is now seeking review of the $83.3M verdict, for defamations during his first term.

Roger Parloff@rparloff.bsky.social · 36m ago

E. Jean Carroll asks SCOTUS not to review her $83.3M verdict. Trump is trying to raise an absolute immunity claim after his trial attys disavowed the defense twice & he litigated 3 years before raising it for the 1st time. ... 1/2 www.documentcloud.org/documents/28...

QUESTIONS PRESENTED
1. Whether the Second Circuit correctly held that petitioner waived his claim of absolute presidential immunity after he both disavowed that defense at the outset of litigation—telling the trial court that Ms.
Carroll was "free to pursue this action when the President is no longer in office" and insisting that he was not "seeking to 'escape accountability'"—and then actively litigated this case for three years without raising the defense.

Judge Chutkan has set a briefing schedule for the new plaintiffs, DC & VA, who are seeking to bar Trump's Arch. The briefing will be complete at noon on 11/4, the day before work could begin. She will take DC & VA's request for an "administrative stay" under advisement.

MINUTE ORDER: Upon consideration of the parties' 88 Revised Joint Proposed Briefing


Schedule, the court sets the following briefing schedule: Defendants shall respond to Plaintiffs' Motion for a Temporary Restraining Order and Stay Under 5 U.S.C. § 705 by November 3, 2026 at 2:00 p.m.
Plaintiffs shall file their reply, if any, by 12:00 pm on November 4, 2026. The court will take Plaintiffs' request for an administrative stay under advisement. Signed by Judge Tanya S. Chutkan on 11/1/2026.
Roger Parloff@rparloff.bsky.social · 23h ago

DOJ has argued that the suits to block Trump’s Arch don’t become ripe until agency action is final. That won’t happen, they say, ‘til the Nat Capitol Planning Com’n approves the Arch on 11/5 & Dept of Int approves it on 11/5 & Nat Park Svc publishes notice on 11/5. Work then starts—on 11/5. 1/2

Pursuant to the Consent Order entered by the Court on April 8, 2026 (Dkt. 26), Defendants
provide notice that on November 5, 2026, the National Capital Planning Commission ("NCPC") is scheduled to meet to consider for approval final site and building plans for the proposal to construct an arch on Memorial Circle ("the Proposal"). In the event the NCPC approves the
Proposal at the November 5 meeting and the Department of Interior thereafter issues a final
decision authorizing construction of the Proposal, construction or demolition in preparation for
construction of an arch on Memorial Circle could commence immediately upon the National Park
Service ('NPS") publishing a notice of that authorization on its Planning, Environment and Public
Comment website. NPS may publish such notice as early as November 5, 2026, and construction
could commence as early as November 5, 2026.

DOJ has argued that the suits to block Trump’s Arch don’t become ripe until agency action is final. That won’t happen, they say, ‘til the Nat Capitol Planning Com’n approves the Arch on 11/5 & Dept of Int approves it on 11/5 & Nat Park Svc publishes notice on 11/5. Work then starts—on 11/5. 1/2

Pursuant to the Consent Order entered by the Court on April 8, 2026 (Dkt. 26), Defendants
provide notice that on November 5, 2026, the National Capital Planning Commission ("NCPC") is scheduled to meet to consider for approval final site and building plans for the proposal to construct an arch on Memorial Circle ("the Proposal"). In the event the NCPC approves the
Proposal at the November 5 meeting and the Department of Interior thereafter issues a final
decision authorizing construction of the Proposal, construction or demolition in preparation for
construction of an arch on Memorial Circle could commence immediately upon the National Park
Service ('NPS") publishing a notice of that authorization on its Planning, Environment and Public
Comment website. NPS may publish such notice as early as November 5, 2026, and construction
could commence as early as November 5, 2026.

Some short memories on ballot-stacking. Remember when Republican operatives, including a Trump lawyer, tried to get Kanye West on state ballots as an independent presidential general election candidate in 2020, to siphon off votes from Biden? www.nytimes.com/2020/08/04/u...

Republicans Aid Kanye West’s Bid to Get on the 2020 Ballot (Gift Article)

Republican activists in at least half a dozen states are deeply involved in the effort to get Kanye West’s name before voters, renewing questions about the aim of his campaign.

nytimes.com

After a 90-min hearing, Judge McFadden took under advisement James Comey’s motion to dismiss the 10/5 “waiverless information” filed against him in DC. He didn’t bar govt from seeking an indictment meanwhile, but said he’d be “unhappy” if Comey was arrested in a “dawn raid.” 1/6

Live-posting this hearing was quite challenging. Things moved fast, there were references to materials that aren’t public, and I don’t have a transcript yet. But here’s a 🧵with some additional details we learned today (with the caveat that i’ll need to confirm some things w/ the transcript later):

Anna Bower@annabower.bsky.social · 6d ago

COMING UP: Preliminary hearing before magistrate judge Faruqui in the criminal case of former FBI agents charged with false statements to Congress and obstruction. Things could get very interesting... I'm here in the media room for @lawfaremedia.org. Follow along!

COMING UP: Preliminary hearing before magistrate judge Faruqui in the criminal case of former FBI agents charged with false statements to Congress and obstruction. Things could get very interesting... I'm here in the media room for @lawfaremedia.org. Follow along!

Anna Bower@annabower.bsky.social · 6d ago

While you were sleeping: DOJ files superseding complaint, adds obstruction counts in case against former FBI agents Nikki Floris and Bradley Benavides Preliminary hearing set for today at 11 am. storage.courtlistener.com/recap/gov.us...

Overnight, DOJ rolled out a new (draft) complaint against Nikki Floris and Brad Benavides, the FBI agents Jeanine Pirro claims lied to cover up their knowledge of Hunter Biden investigation. It reveals the FBI had misrepresented a key witness' knowledge of the Hunter Biden investigation.

FBI Agent Byron Militello Gets Cold Feet on His Hearsay Witness in the Floris Case - emptywheel

The original affidavit charging Nikki Floris and Bradley Benavides relied on undisclosed hearsay to present misleading claims that the Hunter Biden trial team made. So FBI found a new charge and a new...

emptywheel.net

Ninth Circuit just finished hearing oral argument in DOJ's case to sequester 20K mail-in ballots in California IMHO, most likely outcome: dismissal for lack of jurisdiction, with District Judge Carter hearing case Tuesday. Two of 3 on panel seemed skeptical of DOJ's case on merits too.

Roger Parloff@rparloff.bsky.social · last wk.

In case to sequester 20K Calif ballots, DOJ waited till 10/15 to sue; waited till 10/19 to seek a TRO; was granted a hearing 10/27, but then demanded ruling by 10/22; when none issued, it appealed “constructive” denial 10/23. Incredibly, 9th Circ is hearing oral arg today at 4pm ET (Sunday). 1/2