A potential disaster was averted as the attempt to undermine the judiciary failed

Many things happened. Here are some of the things. This is TPM’s morning memo.

Editor’s Note: Don’t miss the news at the end of today’s Morning Memo about the first-ever Morning Memo Live event.

Trojan horse case

The Trojan Horse Freedom of Information Act case, in which Stephen Miller’s old group was trying to get the court to declare that the administrative functions of the judiciary are part of the executive branch. It was rejected By U.S. District Judge Trevor McFadden of D.C., a Trump appointee.

This case, addressed by my colleague Josh Kovinsky, was able to provide a legal basis for the Trump White House to exercise a great deal of control – or at least pressure – over the judiciary. There was no indication that the White House had any hand in the case, but it does not seem a stretch to assume that it would have exploited a convenient ruling to assert more control over the Judicial Conference of the United States and the Administrative Office of the United States Courts.

It was always odd that a FOIA lawsuit would be the vehicle for this effort. In this sense, the Macfadyen ruling does not tell us much about the larger constitutional interaction between the executive and the judiciary. He simply ruled that Congress had exempted itself and the courts from the Freedom of Information Act. The Judicial Conference and Administrative Office are not part of the courts but rather part of the executive branch, and therefore are not exempt from the FOIA, the America First Legal Foundation said. McFadden’s ruling in the end:

Because the Judicial Conference]and the Administrative Office already fall outside the scope of the FOIA, the court lacks subject matter jurisdiction over the records request. So he will grant the dismissal request.

When the lawsuit was filed earlier this year, it came at a time of unprecedented conflict between the Trump administration and the judiciary. For the first time, the White House attempted to communicate with judicial branch employees directly via mass email. The General Services Administration has been unilaterally talking about closing federal buildings across the country that house federal courthouses and court services. Even federal judges were expressing concern that the security protections afforded to them by the US Marshals – an agency of the executive branch – might be revoked or made conditional.

For now, the arcane FOIA lawsuit would not serve as a backdoor for the Trump White House to put some important elements of the judiciary under its control.

Wisconsin judge found guilty of interfering with Immigration and Customs Enforcement

It was Wisconsin State Judge Hannah Duggan convicted Charged with one felony count and acquitted on one misdemeanor charge Intervention with Ice arrest For an illegal immigrant in her court. My sense is that these three things are true:

  • The jury was careful and attentive and took its job seriously.
  • There are good reasons for Dugan’s appeal.
  • This case would not have been tried under any other administration.

Always a disproportionate reaction

There is no doubt that some people’s appeal to Trump is his willingness to act Something – Even if it is disproportionate, leads to collective punishment, and is ultimately ineffective or even counterproductive.

On that note, last night the Trump administration was spot on hanging Green Card Lottery System that allowed Brown University/MIT Shooter To enter the country in the first Trump era.

Undocumented underground

TPM’s Hunter Walker: How the ‘Habeas Machine’ reunited one family separated by ICE

Outlaw American boat strikes killed 104 people

Another illegal US attack on two alleged drug smuggling boats killing Five people, bringing the known death toll in the campaign to 104.

Meanwhile, CNN Reports The chief counsel for the Joint Chiefs of Staff advised Chairman Gen. Dan Keane in November that military commanders should do so Retirement application If they receive an illegal order.

Saber’s watch rattled

  • nowTrump relies on distortions to support his pressure campaign on Venezuela
  • Wall Street Journal: Trump increases pressure on Venezuela but repeatedly changes the rationale
  • And Abu: Stephen Miller’s hard-line strategy in Mexico has turned into deadly boat strikes

Colorado senators are trying to save NCAR

Colorado’s two Democratic senators, Michael Bennet and John Hickenlooper, are Steadfast Senate appropriations package so that Congress would agree to fully fund the National Center for Atmospheric Research and prevent its dismantling by the Trump administration. Upset by Colorado officials’ refusal to President Trump’s symbolic pardon of Tina Peters, the Office of Management and Budget announced it was dismantling the world-class research center in Boulder.

When the chips are down, attack trans people

And in a predictable turn to a familiar page in the political playbook, so are Republicans Trying to distract Of previously bankrupt health care policies attack Gender-affirming care for transgender Americans.

The Coast Guard can’t make up its mind

In another series of twists, Coast Guard Suddenly deleted language From a new workplace harassment policy that downgraded swastikas and nooses from overt hate symbols to “potentially divisive,” WAPO reported.

Good read

The Guardian: Inside the Justice Department’s controversial trial of the Texas “Antifa” cell accused of terrorism

Difficult reading

Rolling Stone: Melissa Hortman died in a horrific act of political violence. This is her life story

Corruption: Pardons

And Abu: “At least 20 people who have won clemency from Trump so far this year — shortening their sentences, restoring their civil rights after prison or allowing them to avoid prison altogether — have also been pardoned from financial penalties totaling tens of millions of dollars.”

“Don’s best friend”

From a New York Times deep dive On Trump’s relationship with Jeffrey Epstein:

One woman, a model and college student in her early 20s who lived in Manhattan, said she had attended four parties at the mansion. She cannot remember the names of most of the men she met at the gatherings, not even those whom Mr. Epstein directed her to “take care of” at two of them. Recruited by Ms. Maxwell and then abused by Mr. Epstein, she buried her shame and kept her secrets for years. She told the Times that Trump’s presence was prominent. He was a household name, someone who Mr. Epstein often bragged about to the women around him, but who also seemed to rival him.

Personal system

After allegedly Mute One dissenting member on the call is the board of directors of the John F. Kennedy Center for the Performing Arts, which includes Trump. They voted to rename it “Trump Kennedy Center” – although the original name was assigned by Congress in its authorizing legislation.

Save the date!

Before we jump into the heart of the holiday season, I wanted to let you know that we’re holding our first-ever conference Morning Note Live Event On January 29, 2026, in Washington, D.C

I will be hosting a panel discussion on an issue that encompasses much of what the Morning Note has covered over the past two years: the politicization of the Department of Justice.

Morning Memo readers know how many different stories under Trump have been linked to abuse by the Department of Justice and the FBI. It is the most significant of Trump II’s many transgressions because it enables and reinforces countless other abuses of power.

Joining me at this event will be:

  • Stacy Younga former 18-year DOJ veteran who is the founder and executive director of Justice Connection, a DOJ alumni network that provides support to current and recent DOJ employees;
  • Aaron Zielinskya former assistant U.S. attorney in Maryland who served on Special Counsel Robert Mueller’s team prosecuting Roger Stone, now a partner at Zuckerman Spider in Baltimore; and
  • Anna Powersenior editor at Lawfare Which covers rule of law issues and sends out strange signal messages from Lindsay Halligan.

We will discuss as much as we can in one evening, including arming the Department of Justice as a sword and a shield; The retaliatory campaign against prosecutors and investigators; And obliterating the traditional independence of the Justice Department from the White House. We will save time for your questions.

Tickets for the concert will be on sale starting… now. We keep it relatively small: just 100 tickets It will be sold. We want it to be a relatively intimate event so we can have a productive discussion.

I look forward to seeing you there.

She still got it at 84

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