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rayt80.bsky.social
Federal Criminal Defense & Civil Rights Attorney | Husband | Dad of Two Toddlers tarltonfirm.com
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I just wonder what form this is going to take. A private lawyer can't represent a government entity, even pro bono. But you know who they CAN represent? Contractors and "special government employees" in their personal capacity. Get ready for Paul Weiss to weigh in on the side of DOGE.

The subject line of DOJ’s email inviting him to surrender to ICE was the case name of his suit against the Trump.

It’s relentless, but we can’t lose our capacity to be outraged when a president publicly calls the federal judge in a pending case a radical lunatic, a troublemaker, and a crooked judge, and calls for him to be “IMPEACHED!!!” It’s true danger.

Police get a warrant to search a cell phone for "any and all" information. CA8 : The good-faith exception applies. (I can't see how this is right. That's the most obviously unconstitutional warrant you can get. Circuits have said so for 20 years!) ecf.ca8.uscourts.gov/opndir/25/03... #N

Seeing folks on the other site claim that Alien Enemy Act removals are not reviewable by courts. The statute explicitly requires "a full examination and hearing," and there are literally *dozens* of reported cases from the War of 1812, World War I, and World War II: law.lclark.edu/live/files/9...

!!! NEW: DOJ tells Judge Boasberg that he should CANCEL the 5 p.m. hearing "because there has been no violation of the Court's orders, and because the government is not prepared to disclose any further national security or operational security details." storage.courtlistener.com/recap/gov.us...

Yup. For those of you not knee-deep in federal appellate procedure, the DOJ didn't even move for a stay of Judge Boasberg's order and instead are misusing a rule meant for raising subsequent case law. This isn't a close call; DC Circuit would benchslap any normal litigant trying this nonsense.

Astonishing.

“The lack of specific information about each individual actually highlights the risk they pose.” Something the Department of Justice actually wrote in a brief. In 2025. My word.

Preparing for oral argument in the federal Fourth Circuit Court of Appeals tomorrow morning. Enroute to Richmond with Russell Tarlton aka the Coach #federalcriminaldefense #appeals

In the birthright citizenship cases, #SCOTUS has asked the challengers to respond to the Trump administration's emergency applications by 4:00 p.m. (ET) on Friday, April 4, i.e., three weeks from today. I've *never* seen such a long schedule. Methinks that's a signal (and a bad one for DOJ).

Google: The government has obtained warrants that direct us to execute them, but we think the warrants are unconstitutional and we want to challenge their legality, DC Dist Ct: No, you can't do that. They're warrants, they get challenged later. drive.google.com/file/d/1FOJe... #N

In case you wondering what Al Green was yelling at Trump: "“You have no mandate to cut Medicaid!” Hell yeah.

Trump, who has ejected the Associated Press from White House events because they won't call the Gulf of Mexico the Gulf of America & who today called for criminalizing student speech at protests claims to have brought back free speech in America

I got laid off today, with the rest of 18F. 18F was an elite federal software shop. We made gov't websites work better, more efficiently for the American people. We saved taxpayers from getting screwed over by contractors. And were fired for it. We made this website to tell our story: 18f.org

David Frum: "Trump and Vance displayed in the Oval Office a highly personal hatred. There was no effort here to make a case for American interests."

SCOTUS cuts back against civil rights plaintiffs’ ability to win attorney fees and fund cases apple.news/A0N1NRLt6Qqq...

"Many people...depend on Treasury’s...disbursement of...funds.... Any hint of the selective suspension of congressionally authorized payments will be a breach of trust & ultimately, a form of default. And our credibility, once lost, will prove difficult to regain." www.nytimes.com/2025/02/10/o...

It's not every day you see DOJ argue that its own prosecution of a public official was the result of political bias, especially where that official endorsed the president and his chosen successor.

Suspect signs consent form allowing state police to search her phone. Police extract contents but no charges brought. Later, they share extraction w/law enforcement in another state. CA9: 4A was violated. The copy retained all rights, & this exceeded consent. cdn.ca9.uscourts.gov/datastore/op... #N

CA5 holds that silencers are not protected by 2A because they are not arms. www.ca5.uscourts.gov/opinions/pub...

Okay Professional Responsibility experts, you're up.

I went to post about the National Japanese American Memorial in D.C., which is beautiful but usually missed by tourists. It is a deeply staggering admission of guilt and a warning to future Americans. I went to link to the inscriptions and- Well, they took the site down. www.nps.gov/places/japan...

The government failed to show a legitimate community caretaking function in impounding suspect's car, so the impoundment was unreasonable and the evidence later found in the car is suppressed, Idaho SCT rules. isc.idaho.gov/opinions/499... #N

CA5 holds federal bars on selling firearms to 18-20 year olds is unconstitutional under Bruen and Rahimi. 1/ drive.google.com/file/d/15fUY...

You know a move has strong support within the office when the U.S. Attorney himself has to sign the filing.

Sadly, we solve and create for profit maximization, not for human outcomes. I don’t have a good answer on how to fix this. Investors and shareholders demand fast and big ROI. Milton Friedman doctrine is that a CEO’s only responsibility is to shareholders.

2025 is expected to have a massive influx of challenging litigation in our federal courts www.tarltonfirm.com/federal-gran...

As we step into 2025, we wish everyone a great year of new opportunities ! tarltonfirm.com

On Friday, the opposition was filed in the 5th Circuit's geofence warrant case, US v. Smith, in response to the government's petition for rehearing. Read the opposition here: drive.google.com/file/d/1yU-P... #N

A question I've been asked about the current CTA state-of-play. Does the Fifth Circuit's merits panel's decision mean the CTA will be struck down as unauthorized by the Commerce Clause. Total speculation, but not necessarily. Yes, the merits panel, whoever they are, left Judge Mazzant's 1/

Arkansas's attorney general has announced that he will appeal, because he hates librarians just that much. apnews.com/article/arka... "Judge rules Arkansas law allowing criminal charges against librarians is unconstitutional"

Emergency justified landlord's entry into apartment under provision of lease allowing for it in emergency situations, and landlord could bring police along for help on these facts for safety purposes, Kentucky SCT holds. appellatepublic.kycourts.net/api/api/v1/p... #N

For 4th Amendment nerds, especially those interested in the history of the 4A, this is a must-read article from Sophia Lee—unearthing previously unexplored Congressional debates about the 4th Amendd around the time of the 14th Amend's enactment—pre-Boyd. papers.ssrn.com/sol3/papers....

CA5 has ruled that Salesforce is not immune under Section 230 that it helped Backpage sex-traffic. (link to come - sorry!)

Judge Sutton's opinions are always a great read. These two paras from a 4th Amend case today—on why an officer's subjective belief that drugs were not present doesn't matter, and on how to evaluate claims of people being nervous—show his typical craft. www.opn.ca6.uscourts.gov/opinions.pdf... #N

This is crazy “FBI agent tried to coerce a law student into sham marriage, prosecutors say - San Francisco Chronicle” apple.news/AXnUyrGEnTZG...

Montana state law requiring warrant to be "served" within 10 days is not violated by the process of decrypting and extracting data on devices taking more than 10 days, Montana SCT rules. This matches how other courts have interpreted similar rules. juddocumentservice.mt.gov/getDocByCTra... #N

A federal judge has been found to have violated ethics rules … by criticizing Samuel Alito for MAGA flags flying at his houses. www.wsj.com/us-news/law/...

For a client I recently reviewed a redlined contract where the counterparty used an "AI-powered contract platform." It had inserted into the contract a provision entirely contrary to their own interests. So I left it in there. Please, go ahead, use AI lawyers. It's better for my clients.

If you want to understand why healthcare pricing is horrific, the first thing to know is that our system puts 100% of the credit risk for deductibles, copays and co-insurance on hospitals and doctors. That's insane. We have turned them into Sub Prime Lenders 🧵

This guy gets it. You don't need the jury to say he's innocent - you just need them to not agree on a guilty verdict.