The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Oct. 10
Oct 13, 2025
Roger Parloff, a veteran legal journalist, joins the discussion about the habeas release evidentiary hearing for Kilmar Abrego Garcia and the government’s challenges in identifying removal destinations. The team also delves into the implications of various legal issues regarding National Guard deployments in Portland and Chicago. They dissect the dynamics of the ongoing Letitia James indictment and its contextual relationship to the James Comey case. Expect insights into potential future indictments and the complexities of vindictive prosecution claims.
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Move Early With Dispositive Motions
- File dispositive motions early to show on-the-record defects and vindictiveness.
- Use dismissal and selective prosecution arguments before trial to seek quick resolution.
Arraignment Revealed Prosecution's Weak Footing
- Comey's arraignment exposed prosecutorial unpreparedness and vagueness about core allegations.
- The defense plans multiple dispositive motions that may be dispositive before trial.
Mixed Judicial Signals On Guard Federalization
- Courts split on federalizing and deploying National Guard troops; Ninth Circuit panel expressed deference to presidential judgment.
- TROs currently bar use of federalized Oregon Guard, but appeals and overlapping orders keep outcome uncertain.