The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Sept. 18
Sep 22, 2025
A lively discussion delves into Kash Patel's fiery congressional testimony and its implications on personnel lawsuits. The podcast explores a significant injunction safeguarding Guatemalan minors from deportation, revealing skepticism towards the DOJ's claims. With a focus on Lisa Cook's removal challenge and the complexities of FBI firings, the conversation also highlights Georgia's Supreme Court controversies and challenges within immigration litigation. The hosts offer keen insights into the intersection of law and politics.
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Fed Removal Exception Creates Legal Tension
- The Wilcox dicta carved out special protection for the Federal Reserve, complicating removal challenges.
- Courts now wrestle with whether Fed governors have a property interest protected by due process.
Anticipate Narrow Supreme Court Framing
- Expect the government to argue no property interest and that any process Cook received was sufficient.
- Watch for the Supreme Court to focus strategically on narrow due-process questions rather than pretext.
Court Limits Relief After Chaotic Mass Firings
- Judge Alsup found OPM's mass probationary terminations arbitrary and capricious amid agency chaos.
- He awarded limited remedies because many jobs no longer exist and full reinstatement would be impracticable.