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Page B32From§Each · the Justice & Legal book29 September to 30 September 2026

Justice & Legal

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White House denies press passes hours after being ordered to restore them 'immediately,' then lands back in court.

I went down to renew the emissions sticker — they moved the window in March and nobody tells you — and the clerk said I had the wrong form, the one with the carbon copy, and would I mind stepping to Window 4. I didn't mind. I had nowhere to be. I stood in that line with my raincoat over my arm because the sky looked like it might do something, and while I waited I took out my notebook to write down my number — 214 — and there, two pages back, was a word I'd copied down the Thursday before, the 24th. I'm not going to pretend I went to the DMV to write about a federal judge. It just sat there in my pocket the whole time, waiting for a line long enough to read it back to myself.

The word was "immediately." I wrote it down because that's the word Judge Timothy Kelly used, early that Thursday morning, the 24th, when he ordered the White House to give CNN, MS NOW, and Politico their press passes back. A federal judge, a Trump appointee, put that word in an order. I'm sorry, I keep coming back to it — it's not a complicated word, I use it myself, I told my wife I'd get to the fan belt immediately and that was back in June — but here's the date again, because it matters: early Thursday morning, the 24th. That's when the word went into the order.

I'm sorry, I keep going back to this, but the same Thursday morning, 8:40 a.m., reporters from those same three outlets showed up at the gate and were turned away. Denied. On the record. Not the next day, not the next week — the same Thursday the word was already sitting in the order. If the order came early that morning, and the denial came at 8:40, which one happened first? The receipts don't hand me a clock, just a morning and a number, and I'm not going to invent a gap I can't back up — but I can tell you the gate was shut after the word "immediately" was already on paper.

I'm sorry, I want to come back to it once more, from a different angle, because of what happened after. The passes didn't come back that same morning. They came back hours later, after the story was already out, after people were asking about it — hours, on a day that opened with a judge's order using the word immediately. I carried my own renewal papers from Window 4 to the notary table, maybe forty feet, and it took less time than that. I'm not saying that proves anything. I'm saying I carried a piece of paper across a room faster than the White House complied with a federal order that already had the word immediately written into it.

They finally got their passes back. That's supposed to be the end of it — sticker on the windshield, case closed, everybody drive safe.

Except before you go — and I almost didn't put this in, because it looked like its own story — this past Tuesday, the 29th, CNN, MS NOW and Politico went back into that same courthouse. Not for a thank-you. They asked the judge to keep blocking the ban until the case is resolved. I'm sorry, I know I keep coming back to this, but the order they're standing on is the same order from the 24th — the one where the word was "immediately return, reinstate, and restore." So here's my question, and it's the only one I've got left: if the passes are already back in their hands, what is there left for a court to decide, except whether anyone in that building believes, the next time that word appears in an order, that it means immediately?

The receipts (5)

Supreme Court allows deportations without notice now, sets December date to decide if that's legal.

On September 18th, the pattern was already in the paperwork. The Washington Examiner was counting the deals stacking up country by country. That was the setup.

Five days later, on the night of September 23rd, a Wednesday, the 1st U.S. Circuit Court of Appeals in Boston pulled the plug. It dissolved the stay that had let those flights continue, putting back into force a lower court order requiring notice, and a chance to say why a destination might mean persecution or torture, before anyone boarded a plane.

The administration didn't wait long to respond. By Thursday the 24th, Attorney General Todd Blanche was already vowing an appeal to the Supreme Court, and the Department of Homeland Security had its own request filed the same day, asking the justices to let the removals resume while the underlying fight continued.

Five days after that request, on Tuesday, the justices said yes. The order came unsigned, one page, six votes to three — Sotomayor, Kagan and Jackson dissenting — and it let the government's practice restart immediately while pushing the legal question down the calendar to oral arguments in December. The question set for that argument is narrower than the human rights concerns United Nations experts have been raising: whether a federal district court in Massachusetts had jurisdiction to hear the case at all, and whether it had authority to order relief covering a whole class of people rather than one name at a time.

December is on the calendar. The removals are not waiting for it.

The receipts (8)

TWELVE YEARS

America leaves Iraq for the second time in twelve years, having promised the first would be the last.

Born in 2014, when the black flags went up over Mosul and Washington sent soldiers back into a country it had left three years earlier. Preceded in death by the withdrawal of 2011, and by the promise that came stapled to it — that no American boots would touch Iraqi soil again. That promise lasted four years. On December 3, 2015, wire services confirmed the pledge of additional U.S. Special Operations troops to the fight, a pledge Iraq's own ruling alliance said only its Parliament could authorize, and one the country's militias were already calling unacceptable before a single soldier landed.

The occupation it restarted did the slow work occupations do. In October 2017, the Iraqi Army and allied fighters stormed Hawija, one of the last Islamic State strongholds still standing inside Iraq's own borders. The territory was gone. The soldiers were not.

They stayed through a decade in which the terms of the arrangement were rarely discussed out loud. In December of 2015, the same month Washington confirmed the new troops were coming, Iraq's foreign minister was separately demanding that Turkey pull its own tanks and artillery out of Iraqi Kurdish territory, where they had rolled the month before without so much as a phone call to Baghdad. Sovereignty, it turned out, was a word two governments used about a third country's soil, neither of them being it — plain hogwash dressed up as diplomacy.

This week the last Americans go, twelve years after they came back for a fight that had already been declared finished once. It is a second withdrawal for a war that got a first ending speech in 2011 and needed a second one anyway. What survives it: the successor deployments elsewhere in the region, the contractors whose employment was never pegged to a Wednesday deadline, and the question — raised once in a Baghdad parliament and never resolved in either capital — of who gets to authorize the next one.

In lieu of flowers, a floor vote, held before the troops leave next time, not twelve years and two withdrawals after they arrive.

The receipts (5)

THE DRAWDOWN

Facing firing calls and impeachment papers, Hegseth strips tenure from professors, cuts a fifth of the military's generals.

Tenure for civilian professors at the military's academies died this week. It was born on the idea that a professor grading a cadet's paper should answer to scholarship, not to rank, and it went the way of the Army secretary whose job was supposed to keep men like that insulated in the first place.

The next day, Sen. Thom Tillis of North Carolina, a former member of the Senate Armed Services Committee who voted to confirm Hegseth, called on Trump to fire him over what Tillis termed "inept management" — the second time this month a senator who once vouched for the man asked the president to un-vouch for him too.

By September 5th, the reporting caught up to August: the Pentagon had quietly polygraphed some fifty members of the Joint Staff, hunting for whoever leaked word that the weapons stockpile feeding the Iran war was running thin. Ten days later, Rep. Thomas Massie of Kentucky filed articles of impeachment against Hegseth on the House floor, citing a war he said was launched without Congress's say. A defense secretary can now claim the rare distinction of drawing formal removal papers from one chamber and a firing request, twice, from his own party in the other.

This week the office answered its critics with more office. On Tuesday a Pentagon official told CBS News that Hegseth was expected to announce, the following day, a 20 percent cut to the number of generals and admirals across the service — a reduction officials could not yet say how it would be carried out, or whether thinning the command structure in the middle of an active war was wise, the kind of underspecified reform this desk used to call hogwash before hogwash got a press office. On the same order sheet, going forward, the academies at West Point and Annapolis were told to stop granting tenure to civilian faculty altogether. Not revoked. Just no longer offered — a shit deal dressed as reform, the protection simply left off the next contract.

Rank structure, academic freedom, and the presumption that a defense secretary answers to the people who confirmed him: three separate obituaries, one signature. In lieu of flowers, the family asks that the House bring Rep. Massie's impeachment articles to an actual floor vote.

The receipts (85)

Pentagon declares ISIS defeated as an organized military threat in Iraq for the second time in twelve years.

Operation Inherent Resolve died Wednesday, declared complete by the Pentagon after twelve years, the second time in that stretch American commanders have said this exact war was finished. Born in 2014, when a caliphate took Mosul and the United States sent soldiers back into a country it had left three years before.

In December 2015 Washington answered ISIS's advance with more Special Operations troops, and Iraq answered back: members of the ruling alliance said only Parliament could authorize the deployment, and political associates of Prime Minister Haider al-Abadi called the expansion unacceptable before a single new boot touched ground. Iraq's militias decried it too, on their own terms. The promise attached to the 2011 withdrawal — no more American boots on Iraqi soil — did not survive four years.

The war did what wars do next. In October 2017 the Iraqi Army and allied fighters stormed Hawija, one of the last cities ISIL held, and by the following April the coalition was ready to say so: major combat operations over, the mission narrowing to training Iraqi forces to stand on their own. That was the first funeral.

It did not take. In February 2019, in villages across the border in Syria, ISIL fighters and their families were still fleeing or surrendering to the Syrian Democratic Forces — evidence, if evidence was needed, that an organization declared finished in Iraq had simply moved next door and kept fighting.

On Wednesday the Pentagon tried the sentence again, wider this time: ISIS "defeated as an organized military threat in Iraq and across the region." American forces and equipment, the announcement said, have been withdrawn. It is the second time in twelve years every U.S. soldier has left Iraq.

Operation Inherent Resolve is survived by that hallway, and by the malarkey of a deadline treated as a verdict. It is preceded in death by the withdrawal of 2011, and by the promise stapled to it.

In lieu of flowers, the family asks that the next declaration of victory come with a date attached — a day, a year, something a reporter can hold the Pentagon to when it turns out not to have been the last one.

The receipts (6)

Pentagon declares ISIS defeated for the second time, with the same unfinished militia disarmament as the first declaration.

Operation Inherent Resolve died Wednesday, declared complete by the Pentagon after twelve years, the second time in that stretch American commanders have said this exact war was finished. Born in 2014, when a caliphate took Mosul and the United States sent soldiers back into a country it had left three years before, on a promise that no more American boots would touch that ground.

By December 2015 that promise had already thinned. Washington answered the advance with more Special Operations troops, and Iraq's ruling alliance answered back: only Parliament, its members said, could authorize the deployment. Political associates of Prime Minister Haider al-Abadi called the expansion unacceptable before a single new soldier arrived.

The war was pronounced over the first time in April 2018, when the U.S.-led coalition declared an end to major combat operations against ISIL, closed the headquarters that had run the fight, and said in a statement that it was moving "from supporting and enabling combat operations to the training and development of self-sufficient Iraqi security-related capabilities." Penny-ante words, in hindsight. The mission did not close. It downshifted to training and stayed eight more years.

It is over again now, if the word holds. About 2,500 American troops had remained under Operation Inherent Resolve until this week's withdrawal, the last of them now gone. The Pentagon has again pronounced ISIS defeated as an organized military threat.

Born 2014, Mosul, Nineveh Province. Survived by roughly 2,500 fewer American soldiers, an Iraqi state still working to bring its militias under one command, and a Pentagon filing cabinet with room for a third declaration. Preceded in death by the 2018 version of itself, which lasted eight years, and by the 2011 withdrawal, which lasted three.

The obituary form asks what remains undone. Here it is written into the record twice: the disarmament unfinished the first time is the disarmament unfinished now.

In lieu of flowers, finish the paperwork this time — audit the militias' weapons before the desk writes a third obituary.

The receipts (2)

Appeals court affirms Trump directed both sides of his own $10 billion lawsuit

On September 10, a federal appeals court upheld a block on the administration's mail-in voting restrictions, calling the order "likely unlawful" while the Supreme Court weighs the case. The same day, a divided appeals court rejected the administration's policy of holding immigrants without bond hearings, the majority invoking Japanese internment as the warning the ruling was built to prevent. Two weeks later, on September 24, the same court system dissolved a stay that had protected the government's framework for rapid third-country deportations, and the attorney general said he'd take it to the Supreme Court.

Three rulings, three losses, one month, one government. That's the frame before you get to Tuesday.

On Tuesday, an appeals court did something different. It didn't just rule against the administration. It sided with a district judge, Kathleen Williams, who found in July that the government had colluded with itself.

This is not two branches disagreeing. This is one government occupying both chairs at the table, bringing the claim and killing the claim, with no one in the room positioned to say no to either. Every other loss this month came from a court finding the administration overstepped some outside line — a voting rule, a detention policy, a deportation order. This one found the administration didn't need an outside line at all. It filed a case against a federal agency it also runs, and controlled both outcomes, because nothing in the structure stopped it.

Here's what connects the four rulings. A government that can lose to itself in a $10 billion suit and still choose the ending doesn't need to win the cases that actually restrain it, because those rulings only hold until the next matter arrives where it's arguing alone against itself again.

That's not a legal system checking a president. That's a president checking himself, on the record, for practice.

The receipts (5)

Vatican creates panel barred from bishops' files; it turns twelve the same week report counts nearly 1,000 victims.

It was conceived by Pope Francis, in his first major action on the matter, to advise the Catholic Church on how dioceses and seminaries ought to handle the sin and the crime of clergy abusing children. It was not conceived with the power to do anything about a bishop. That job — removing a cleric, laicizing him, opening his file — stayed where it had sat at the signing: with the dioceses themselves, and with the Congregation for the Doctrine of the Faith, a body that answers to Rome and, on the record so far, to little else.

It is survived, this week, by a report from the Massachusetts attorney general counting more than 270 Catholic clerics who sexually abused nearly 1,000 children across three dioceses over decades. The commission had no authority to open a single one of those files. Twelve years of advising, and the advice apparently never reached the filing cabinet.

It was preceded in death, in July 2022, by a different promise in a different country: a three-year independent inquiry into Telford, Shropshire, found more than 1,000 children sexually exploited since the 1980s, teachers and youth workers discouraged from reporting it, and police nervous that investigating the abusers would inflame racial tensions. Different institution, same arithmetic — a four-digit count of children, and the people positioned to stop it choosing the institution's comfort over the count.

This was malarkey dressed as reform, filed under good letterhead, and the filing cabinet this week came up short three dioceses and nearly a thousand children. A commission can advise for twelve years running and still never touch a bishop's personnel file, and that is not an oversight; it is the design working as built. There is a difference between an institution that failed once and an institution that has now failed on two continents with the same number, and the difference is twelve years of a tribunal that was never given a key to anything.

In lieu of flowers, the family asks that every diocese that has not yet opened its personnel files to an independent civil authority do so now, and that no advisory commission be mistaken for an enforcement one again.

The receipts (3)

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