Roger Parloff

@rparloff.bsky.social

Senior Editor, Lawfare. Practiced law a long time ago. Email: [email protected] ; signal rparloff.61

@rparloff.bsky.social Pinned

In the seashells case, the FBI tried for a year to prove Comey was exposed to slang use of “86” to mean “kill” in Mafia cases. They found zero. Indicted anyway. Now a true expert says govt theory is “preposterous.” By me in @lawfaremedia.org www.lawfaremedia.org/article/the-...

lawfaremedia.orgThe FBI proved Comey’s innocence. The DOJ indicted anyway.In the seashells case, the FBI searched for proof that gangsters used “86” to mean “kill” and that Comey knew it. Now an expert says their theory is “preposterous.”
@rparloff.bsky.socialReposted by @rparloff.bsky.social

Four days before yesterday’s ICE shooting in the Bronx, Judge Gary Brown of EDNY (Trump apptee) listed 7 outrages in an ICE case before him, including evasive & apparently perjurious testimony, post-hoc sworn arrest warrant containing false info, woeful lack of training … 1/2

The evidence points to numerous failings on the part of both ICE and the officers who testified, including: 1. evasive and apparently perjurious testimony by the ICE agents, including the testimony concerning supposed observations of the petitioner engaging in drug transactions, which bear all the hallmarks of coordinated fabrication,12 the absence of any recovered drugs, paraphernalia or cash from the petitioner, the failure of the agents to follow up upon these supposed observations or refer the matter to another law enforcement agency, and the notable absence of any reference to these observations in the voluminous documentary records, further undermining the agents' testimony; 2. the seemingly reflexive, though false, claims that the petitioner was "misidentified" as the target of the operation; 3. fundamental misconceptions about ICE agents authorities and duties; 4. illegality of the arrest and detention of petitioner and Concepcion; 5. the post-arrest documents, which not only were procedurally and legally suspect, but contain false statements;Notably, in its filings, Government counsel has not referenced this testimony, seemingly abandoning any argument predicated upon these sworn assertions by the agents. 6. the database search process used to justify the administrative warrant, as described by the ranking supervisory officer, which appears designed to generate misleading information in official records; and 7. the inexperience of the agents involved, their woeful lack of proper training, understanding of law, policies and procedures, and their ready recourse to false testimony to conceal these failings.
@rparloff.bsky.social

Sample “revelation”: FBI agents expressed doubts over probable cause to search Mar-a-Lago. But docs were not new &, more important, predated FBI seeing surveillance footage showing Trump aide removing boxes before his atty came to search them for subpoenaed classified files, resolving doubts.. 2/2

Mr. Solomon's presentation, both times, also omitted key context: The field office's legal doubts came before Mar-a-Lago surveillance footage emerged that showed a Trump aide moving boxes from a storage area before a lawyer came to search it for subpoenaed classified files. The additional evidence resolved legal concerns about probable cause.
@rparloff.bsky.social

Anatomy of how John Solomon “presents known information as revelations and omit[s] key context," releasing it into right-wing echo-chamber. By @nytimes.com's @charliesavage.bsky.social .
1/2
www.nytimes.com/2026/10/11/u...

nytimes.comHow the White House Manufactured a Narrative About a Trump Aide’s Call Logs (Gift Article)A release of selected records from the classified documents inquiry is a case study in how omitting context can create political ammunition.
@rparloff.bsky.social

Judge Brown ordered the ICE field office director, on pain of contempt, to explain within 21 days how he’d ensure ICE acts lawfully in future.
@wired.com & others have reported that an officer identified in Brown’s ruling was present at the subsequent Bronx shooting, brandishing a weapon.
2/2

Some of these failings fall within this Court's powers to impose sanctions, to refer these matters for further action by other authorities and/or to exercise its contempt powers. Before the Court considers invoking that authority, it will provide respondents with an opportunity to address the concerns raised above and, if they so choose, propose investigatory, operational and/or disciplinary measures to remediate these apparent violations. Alfaro, 831 F. Supp. 3d at 186 ("Respondents, charged with enforcing the laws of this nation, cannot ignore the scores of decisions which they have unsuccessfully litigated before this Court and others, without taking action to ensure that their agents and agencies are not acting in contravention of the law.") Should respondents fail to propose and carry out sufficient measures, the Court will consider further action.
@rparloff.bsky.social

Four days before yesterday’s ICE shooting in the Bronx, Judge Gary Brown of EDNY (Trump apptee) listed 7 outrages in an ICE case before him, including evasive & apparently perjurious testimony, post-hoc sworn arrest warrant containing false info, woeful lack of training … 1/2

The evidence points to numerous failings on the part of both ICE and the officers who testified, including: 1. evasive and apparently perjurious testimony by the ICE agents, including the testimony concerning supposed observations of the petitioner engaging in drug transactions, which bear all the hallmarks of coordinated fabrication,12 the absence of any recovered drugs, paraphernalia or cash from the petitioner, the failure of the agents to follow up upon these supposed observations or refer the matter to another law enforcement agency, and the notable absence of any reference to these observations in the voluminous documentary records, further undermining the agents' testimony; 2. the seemingly reflexive, though false, claims that the petitioner was "misidentified" as the target of the operation; 3. fundamental misconceptions about ICE agents authorities and duties; 4. illegality of the arrest and detention of petitioner and Concepcion; 5. the post-arrest documents, which not only were procedurally and legally suspect, but contain false statements;Notably, in its filings, Government counsel has not referenced this testimony, seemingly abandoning any argument predicated upon these sworn assertions by the agents. 6. the database search process used to justify the administrative warrant, as described by the ranking supervisory officer, which appears designed to generate misleading information in official records; and 7. the inexperience of the agents involved, their woeful lack of proper training, understanding of law, policies and procedures, and their ready recourse to false testimony to conceal these failings.
@juliacurlee.bsky.socialReposted by @rparloff.bsky.social

So you're saying right before an election where the price of diesel is hurting the President, Russia is going to help bring the price down? And Ka$h is going to Moscow? There's got to be some word for that. Collision? Collagen?

@jonseidel.bsky.socialReposted by @rparloff.bsky.social

UPDATE: Judge April Perry denies the government's bid to keep all of this under seal — including the attorney's signature block. "The government has also publicly disclosed … that there is an OPR investigation in this case."

MINUTE entry before the Honorable April M. Perry: The Government's motion to seal 275 is denied. As already noted, the grand jury transcripts in this matter have already been made public - without any opposition from the Government. The Government has also publicly disclosed - in both court filings and open court - the fact that there is an OPR investigation in this case involving the prosecutors who were in the grand jury. See, e.g., Doc. 247 at 48-49. In addition to those two matters, the Government has also asked to seal the "Legal Principles" section of its motion, which sets forth basic principles of law, and the signature block of one of its attorneys. There is a presumption that materials that underpin a judicial decision are open to public inspection unless they meet very specific criteria. See Baxter Intern., Inc. v. Abbott Laboratories, 297 F.3d 544, 545 (7th Cir. 2002). No such criteria are present here. The Clerk of Court is directed to unseal 272 . Mailed notice. (jcc,) (Entered: 10/09/2026)
Jon Seidel@jonseidel.bsky.social

Feds appear to hide name of government lawyer in new 'Broadview Six' court filing From @chicago.suntimes.com: chicago.suntimes.com/crime/2026/1...

chicago.suntimes.comFeds appear to hide name of government lawyer in new 'Broadview Six' court filingThe move is particularly striking in the politically charged "Broadview Six" case, in which U.S. Attorney Andrew Boutros' office has already been accused of a cover-up. Even in the Chicago prosecution...
@rparloff.bsky.social

wtf?

Jon Seidel@jonseidel.bsky.social

Good morning. Federal prosecutors in Chicago filed partially redacted documents overnight in the "Broadview Six" case. The redactions appear to include the signature block (including the name) of one of the attorneys representing the United States government:

A partially redacted motion to seal a petition for order authorizing disclosure. One signature block on the document belongs to Assistant U.S. Attorney Thomas Walsh. The other signature block is redacted.The concluding page of a document in which "the United States respectfully requests that the court authorizes the disclosure of the unredacted Oct. 9, 16, 23 transcripts and related exhibits." The rest of the sentence is redacted. One signature block belongs to Assistant U.S. Attorney Thomas Walsh. The other is redacted.
@davidasuper.bsky.socialReposted by @rparloff.bsky.social

Very timely. I explained part of why these ads are so spectacularly unlawful here: Balkinization: The Administration’s Hagiographic Advertisements share.google/AquV0xA4x2hh...

Roger Parloff@rparloff.bsky.social

This morning US Judge Rochon of Manhattan will hold a conference on a temporary restraining order sought to stop Trump's govt-funded partisan campaign ads. @commoncause.org, unions & a DSA candidate allege the ads are “breathtakingly unlawful.” 1/2 storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comMemorandum of Law in Support of Motion – #26 in Common Cause v. Department of Homeland Security (S.D.N.Y., 1:26-cv-08882) – CourtListener.comMEMORANDUM OF LAW in Support re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705. . Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, S...
share.googleThe Administration’s Hagiographic AdvertisementsMany people are discussing the Administration’s spending taxpayer funds to run partisan advertisements glorifying President Trump les...
@rparloff.bsky.social

Though Trump has vaguely pledged to either pay for them himself in the future or to direct his PAC to do so—which plaintiffs say would be illegal—they argue that's not sufficient & the ads keep running. 2/2

Emergency relief is needed now. After the once-secret source of the ads' funding became public, President Trump said that he would pay for them himself (or direct his super PAC to pay for them, which he cannot legally do). But he later said that he meant he would pay for future ads. So the ads keep running.
@rparloff.bsky.social

This morning US Judge Rochon of Manhattan will hold a conference on a temporary restraining order sought to stop Trump's govt-funded partisan campaign ads. @commoncause.org, unions & a DSA candidate allege the ads are “breathtakingly unlawful.”
1/2
storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comMemorandum of Law in Support of Motion – #26 in Common Cause v. Department of Homeland Security (S.D.N.Y., 1:26-cv-08882) – CourtListener.comMEMORANDUM OF LAW in Support re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705. . Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, S...
@kyledcheney.bsky.socialReposted by @rparloff.bsky.social

JUST IN: Judge Kelly appears inclined to grant longer-term block on President Trump's ban of POLITICO, CNN and MSNOW from the White House. He seems most bothered by the lack of due process preceding the ban but is also weighing First Amendment concerns. Details TK

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