Courts Face Executive Defiance

This week, Scott sat down with his Lawfare colleagues Managing Editor Tyler McBrien and Senior Editors Anna Bower and Michael Feinberg to talk through the week’s big news in national security, including:

• “Third Country’s the Charm.” On Tuesday, the Supreme Court cleared the way—for the third time—for the Trump administration to resume deporting migrants to “third countries” with which they have no connection, staying a lower court ruling that found the policy unlawful and agreeing to hear the case on the merits in December. The decision comes days after the administration quietly flew a group of Somali men—some with no criminal records, who had been held at Guantánamo Bay for a month after being told their plane was only stopping in Cuba to refuel—to Mogadishu, on a flight that departed hours after an appeals court made clear the third-country removal policy was blocked. It also comes as lower courts are increasingly finding the administration in contempt for violating their orders in deportation cases, and as the full D.C. Circuit weighs whether Judge James Boasberg can continue his contempt inquiry into last year’s Alien Enemies Act flights. What does this pattern tell us about the administration’s relationship with the courts? And how far it is willing to push its immigration agenda?
• “Here Comes the Bribe.” Last week, ProPublica revealed that, by late 2024, FBI anti-corruption agents believed they had enough evidence to seek a sweeping bribery investigation stemming from a defense contractor’s illegal donations to Maine Senator Susan Collins and other members of Congress—only for the probe to die when the Trump administration gutted the FBI and Justice Department units that handle public corruption cases. Collins denies any wrongdoing and has called the contractor a liar, but the story has become a central issue in her tight reelection race. It’s also just the latest in a string of stories raising questions about public integrity in and around the Trump administration, from the Putin-linked Russian oligarch that secretly bankrolled Donald Trump Jr.’s wedding, to the Kash Patel- and Todd Blanche-studded wedding of former U.S. Attorney Alina Habba to a Turkish businessman with close ties to the Erdoğan government—with mixed martial arts manager Abdelaziz Ali, a former FBI source and suspected double agent, in attendance. What does the Collins story tell us about what happens when no one is minding the store on public corruption? And how worried should we be about who is buying access to the president’s inner circle?
• “Manufactured Content.” President Trump escalated his war on the press this month, banning CNN, MS NOW, and Politico from the White House and having the Secret Service seize their reporters’ press passes over what he described as years of unfair coverage. A federal judge has since temporarily ordered their access restored, finding the ban likely violated their due process rights. But the White House isn’t just restricting who gets to tell its story—it’s also paying to tell its own, launching a series of taxpayer-funded TV ads that feature President Trump and closely track his campaign messaging, including one nearly identical to a 2024 campaign spot, just weeks before the midterms. The White House insists these are merely public service announcements. Is the administration breaking longstanding norms in an effort to take control of the narrative? And are there any legal limits that might stop it?

In object lessons, Mike has two cautionary tales about tech appeal: “When We Cease to Understand the World” and “The Maniac.” Tyler is embracing sexy technical gear with a recommendation of Field Mag. Scott is returning to an old favorite that just understands him: “Fantasy Football Punishments for Your Work League that Violate the Geneva Convention.” And Anna is delighted by a more cutthroat side of cutting-edge: the National Havoc Robot League.

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