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Page B46From§Each · the Justice & Legal book27 October to 28 October 2026

Justice & Legal

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Supreme Court denies three ways to pause a deportation, all in one Tuesday ruling.

All together now — read what that order actually does, clause by clause. First: a judge may not pause a deportation while its appeal is still pending. Second: the rule that let immigration judges administratively close a deportation case — frozen since the Trump administration declined to defend it in June — stays frozen. Third: the application three Democrat-led cities filed October 15, asking the Court to halt the Justice Department's deal with Texas, is denied. Three cities asked. The Court said no to all three.

The order never calls the underlying policy lawful. An unsigned order rarely does. It only declines, in the same breath, to be the reason any of it stops.

This is not the first time this fall the Court has made that exact move. On September 24, Attorney General Todd Blanche said the administration would appeal after the 1st Circuit dissolved a stay and let stand a ruling against the government's third-country deportation framework. Five days later, on September 29, the Supreme Court granted that appeal, 6 to 3, staying the lower court, clearing the government to resume sending people to countries that are not theirs, and setting oral argument for December. The justices did not rule on the legality of the policy then either. They just let it run.

What "let it run" means showed up on 60 Minutes on October 23: immigration judges had already ruled, case by case, that specific people could not be sent to specific countries because they would likely face persecution or torture there. The third countries took them anyway. Some forced the deportees back out, into the nations the judges had already ruled against.

That is the pattern under Tuesday's order. The Court does not need to decide a case is right. It only needs to decline, again and again, to decide it is wrong before the removal happens. By the time December's argument arrives and the justices finally reach the merits of the third-country framework, the people that finding was written to protect will already be wherever the deal sent them. The docket stays open. The door, as of Tuesday, does not.

The receipts (8)

ZERO FOR THREE

Three Trump-era prosecutions collapse in one week; a judge calls one "a sideshow on top of a sideshow."

I keep a calendar for this desk now, because the dates are the only evidence that stays still. October 1: a D.C. Superior Court judge dismisses, with prejudice, a vandalism case the government brought against a retired Olympic canoeist, David Hearn, over the Lincoln Memorial Reflecting Pool, ruling that no future Justice Department attorney may ever revive it against him. That is beat one, and it happened before the month that follows it even starts counting.

October 8: the department's civil rights division opens a push to indict Cassidy Hutchinson, once an aide to Mark Meadows, over what she told the January 6 committee in 2022. October 9: a grand jury hears the evidence against her. The word used in that week's coverage is "lying"; no indictment has been returned to go with it.

October 23: two former FBI officials, Nikki Floris and Bradley Benavides, self-surrender to face charges that they lied to Congress about their work on the Hunter Biden laptop investigation while assigned to the Foreign Influence Task Force. Four days later, the same week the department files a third round of charges against James Comey over a 2016 leak it investigated once and declined once, a federal judge looks at a new obstruction count added to the Floris and Benavides docket and calls it, for the record, "a sideshow on top of a sideshow." The count is tossed. During the lunch recess, Floris is seen crying in the courthouse hallway.

All together now: October 28, the same grand jury that heard the Hutchinson evidence on October 9 declines to return the indictment the department asked for. A Justice Department attorney rises in front of Magistrate Judge Zia Faruqui and says so, on the record — a jury of ordinary citizens looked at the case against the witness who told Congress the president lunged for the wheel of his own SUV, and said no.

Three names. Three dockets. One department. By the 28th the count reads the way it read on the 1st: zero. The New York Times, writing up the same week, notices that the paperwork itself carries "unmistakable signs of urgency" — typos, the signatures of the department's senior political leadership — filed, the paper notes, as the midterms near. All together now, once more: the hurry is on the page. The convictions are not.

The receipts (19)

THE TALLY

Senators demand the Iran war's accounting; Pentagon's reply is a bigger bill.

The rule against scheduling ordnance around a ballot died the last Sunday in September, survived by a bombing campaign rescheduled for after the midterms and by a U.N. ambassador who told a cable audience, the same week, that six-dollar diesel was Ukraine's doing. That was the funeral. What continues now is the reading of the estate, and the estate turns out to be larger than anyone disclosed at the service.

In July the Congressional Budget Office put the war's cost at nearly forty billion dollars and called its own number conservative. On August 13 the Pentagon gave Congress a separate figure — just over forty-two billion, a four-and-a-half-billion-dollar jump measured against the department's own prior estimate, not the CBO's, which is the kind of bookkeeping malarkey that only matters to the people trying to follow the money. That omission is what brought the senators, and the shit of it is that omissions are how these numbers start small.

On October 19 Democrats on the Senate Armed Services Committee wrote the Pentagon asking it to make the full accounting public, citing what they called ongoing efforts to hide the true cost. On October 27 and 28 the number arrived anyway, through channels that were not the senators': forty-seven billion one hundred million dollars, as of mid-October, better than three billion dollars higher than a month before, munitions alone accounting for more than sixty percent of it. The itemized breakdown the senators asked for was not part of the release. In Lubbock the day the figure ran, the president told a crowd, "You'll see Iran in a couple of weeks, if you don't mind."

The senators are still waiting on the letter they sent. The war is not waiting on anything. An unwritten restraint, a committee's letter still unanswered, and a number that rises faster than the paperwork meant to explain it are not three stories. They are one bill, overdue, with the interest compounding past Election Day.

In lieu of flowers, the Pentagon can release the accounting it already promised the committee that pays for the war.

The receipts (88)

Trump calls fraud rampant on a dragnet judges halted twice that flagged 400 names, six days out

The president's word was "rampant," and I will defend it, because the alternative is a party that would rather nobody counted at all.

Start in September, when the Times described the Unlawful Voter Initiative: hundreds of Homeland Security agents going through voter rolls the states maintain. That is an audit. You audit a bank and nobody calls it a raid.

On September 25th the Court let that database run against the rolls inside the last ninety days — the window federal law otherwise keeps a program like this out of — which tells you the Court saw no harm in it, or saw the harm and found the appeal more interesting, and I'd like the second half of that sentence back.

October 9th: Judge Sparkle Sooknanan, seventy-eight pages, holds the Justice Department's policy of collecting states' unredacted voter rolls to run against a federal immigration database unlawful under privacy law. A paperwork ruling. It goes to the method, not the — all right, it was the method, and the method was the program, and we are now using a different method. Call that refinement.

October 15th, Texas: a computer failure leaves almost 600,000 registration applications unprocessed days before early voting opens. A glitch. Nobody designed it. Though if a person were designing one — did I say that? That doesn't sound like me.

October 22nd, Oakland: Judge Martínez-Olguín orders the nine-state investigation halted, finds the data full of errors, finds agents going door to door asking people about their immigration status and whether they voted, finds the Voting Rights Act violated and voter-assistance groups intimidated. Two blocks in thirteen days. Which is either persecution of an audit, or an audit failing the same test twice, and I know which one I am paid for.

Then New Hampshire: a student ID is not good enough, with twelve days on the clock, over Justice Jackson's dissent. Ninety days was room enough for the database. Twelve days was too tight for the card. I want those two numbers kept apart, because they look better apart.

Four hundred is a number. Rampant is an adjective. One state, forty-two years, four hundred names, all of it alleged — that is the iceberg, that is the entire iceberg. Strike that. Early data.

After. Congressional Democrats and good-government groups spent this week drafting their response to fraud claims that have not been made yet about ballots that have not been counted yet.

Six days.

The receipts (94)

THE ACCOUNTING

Trump vows Iran war ends "whenever I want," tells Gulf allies when: after the vote.

The rule against timing bombs to ballots died in September. It stays dead this week, survived by the senators who asked the Pentagon in October for a full accounting of the war's cost and are still waiting for a reply.

The estate it left behind keeps growing. In August the Pentagon told Congress the war had cost at least forty-two billion dollars. This week that figure rose to forty-seven point one billion, a jump of more than five billion dollars in two and a half months, with no itemized answer yet for the senators who asked how.

The promise around it has grown vaguer on the same schedule. At a rally in Lubbock last week the president told the crowd they'd see Iran "in a couple of weeks." This week, at the same kind of rally, he dropped the deadline altogether — no more malarkey about calendars — the war ends "whenever I want it to end," he said: a timeline with one input, and it is not the Pentagon's ledger or the Senate's questions.

On October 4 Iran's chief negotiator answered that the Strait of Hormuz stays closed until Washington meets Tehran's own seven-day plan, and that "the era of wasting time and dictating unilateral demands is over." On October 7 the vice president told Reuters that Iran still owed a "meaningful" cut to its enriched uranium stockpile. Nine days, three officials, and each one restated the same demand the last one made.

This week a fourth party tried a different approach. Qatari mediators handed Tehran a written proposal to end the war. Iran rejected it as "unacceptable."

What fills the gap is a date. American officials have told Gulf allies, according to reporting this week, to prepare for a renewed blitz once the midterm votes are counted. The war did not pause for an election; it was scheduled around one, and the schedule survives the rejected proposal, the unanswered invoice, and the rally.

In lieu of flowers, the itemized accounting the senators asked for in October, delivered before the bombing resumes.

The receipts (6)

THE DECOY DAN

Peltola's campaign was 'definitely aware' of its decoy scheme; DOJ needs an anonymous analyst to prove it worked.

I did the toll plaza this morning in the cash lane, because the attendant booth closed back in March and the transponder I don't have would have cost more up front than I had this week. Cash lane: three dollars and fifty cents, in quarters I keep in the glovebox for exactly this. I mention it because it's the kind of number you can check yourself — open the glovebox, count the coins, that's the toll. Most of what came across the wire this week isn't that simple to check. That's the story.

I wrote some of it down as it came in. Let me find the page. Here.

On October 14th, the Guardian reported, the president told Alaska voters to pick the "real" Dan Sullivan — because by then the ballot already carried two men by that name, the sitting Republican senator and a second filer the wire story never explains a reason for.

Ten days after that, on the 24th, the Justice Department filed suit to block the state's certification of its own Senate race — but only, the filing itself says, if Sullivan, the Republican, loses. CBS and the Times both carried that condition the same day, straight from the document.

A car struck the one carrying her family on the way to a banquet; the Guardian reported minor injuries, and said the schedule would wait.

It waited three more days. This week, on the 28th, the Guardian came back to it, citing new reporting from the Times: Peltola's campaign, the story said, hadn't just recruited one Dan Sullivan. It had gone looking for others across the state, and for men who could, in the Times' own words as the wire carried them, "peel votes away from Peltola's main opponent" — meaning Sullivan, the Republican. Not Peltola.

Same day, the Post ran two more pieces of it. In the first, the president told reporters at Joint Base Andrews that Peltola should resign, and said, "I think she should be prosecuted criminally for what she did." In the second — the one the Post itself called a bombshell — the paper reported that top aides had been instructed to search for men named Dan Sullivan, and that Peltola herself was, in the paper's words, "definitely aware."

And Fox, the same day, the same wire cycle: the lawsuit that only exists if Sullivan loses is running into a problem in court, because legal scholars are asking whether an anonymous ballot analysis can actually prove the "voter confusion" the whole case depends on.

Back in September, the 24th, there's a different piece of paper in the same folder — the Hill, reporting anonymous former aides describing profane outbursts inside the Peltola operation. The campaign pushed back on that story. I bring it up only because it's dated earlier and sits in the same file, not because it explains anything that came after it. Those two stories don't touch, and I'm not going to make them.

Here's what I keep looking at, and it isn't a number this time. It's the toll plaza I was just sitting in. Two lanes open most mornings — cash, and the one for people who paid ahead of time. You cannot run both lanes with the same car at the same minute; the gate lifts for whichever one you actually drove into. The lawsuit is built for one lane: it opens only if the Republican loses. The recruiting, by the campaign's own aides' account, was built for the other lane — finding men who could pull votes away from the Republican before anyone reached the booth. Both lanes open onto the same stretch of road.

Excuse me — before I let this go. The bombshell says Peltola's own people were "definitely aware" they were out looking for men named Dan Sullivan. The lawsuit that depends on "voter confusion" needs an anonymous analyst, after the fact, to tell a court whether that confusion actually happened. If the people who built it already knew what they were building, what is the anonymous analysis actually there to find out?

I still have the quarters, in the glovebox. In case the booth opens again.

The receipts (7)

Justice Department completes third prosecution this month, convictions zero, a fourth collapsing in court.

I can't put a new fan belt on the car this week. Fourteen dollars for the belt, eighty-five for the install if I don't do it myself in the driveway with a flashlight in my teeth. That's a number I can check — it's taped to the invoice on my workbench, and the part number on the box matches the part number in the manual. I bring it up because this is a column about numbers, and that's the only kind I trust: the kind where you can put the box next to the receipt and see if they match.

Here's what doesn't match, as best I can tell from this month's wire.

The Justice Department filed charges against James Comey for a third time, the Times reported on the 27th, over a 2016 leak the FBI already investigated once before. The new filing added counts. A third filing, with new counts, on a leak the government already closed once.

Before that, on October 9th, a grand jury began hearing the case the department built against Cassidy Hutchinson, the former Meadows aide, over her 2022 testimony to the January 6th committee. On October 27th, the grand jury declined to indict her. Eighteen days, start to finish, and the people in that room looked at what the government had and chose not to sign their name to it.

On October 23rd, two former FBI counterintelligence officials, Nikki Floris and Bradley Benavides, were charged with lying to Congress about their part in the 2020 investigation into Hunter Biden's laptop. They surrendered that morning and stood for their first court appearance the same day. One of them wept in the courthouse hallway afterward. That's not me editorializing; that's what the Post put in print.

Then the department added a second charge against the same two people — obstruction, on top of the first — and the judge hearing it called the new charge, for the record, "a sideshow on top of a sideshow." I don't know many judges who reach for a phrase like that twice in a career. I looked. I couldn't find one.

This week, the lawyers representing Floris and Benavides did what defense lawyers generally do last, not first: they told the wire services that the evidence behind the case doesn't hold up, and neither do the motives behind it. That's the CBS story, dated today. The strength of the evidence. The motives behind the charges. Not my words. Theirs, on the record, about a case the government is still trying to make.

In my garage, I don't put a part in the car until I've checked the number on the box against the number in the manual, because a part that doesn't match costs you the tow twice — once for the part that didn't fit, once for hauling it back. The government has brought four cases this month tied to one administration's list of grievances: Comey, Hutchinson, the first charge against Floris and Benavides, and the second. The fourth is the one the lawyers stood up this week to say doesn't match the number in the manual either.

That's the only number I'm giving you today, and I'm giving it to you once: three prosecutions, zero convictions. A fourth is cracking while the lawyers for the accused are still the only ones standing up to talk about it.

Hold on — one more thing before you go. The CBS story doesn't quote the government answering the defense's doubts about the evidence. It quotes the defense raising them. So which side, in this case, this week, is the one doing the explaining — the government that brought the charges, or the lawyers for the people it charged?

The receipts (3)

DOJ's noncitizen-voter dragnet produces its first charges: the two men who faked being noncitizen voters.

The Justice Department wants six announcements this month read as momentum, so start where they do. On September 30, ten people were indicted in Minnesota for voting while noncitizens — the sixth such announcement of the month, with Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullin signing onto the release. Five days later, on October 5, the Washington Examiner counted sixteen more charges, ten of them again in Minnesota, the same state getting a second round inside a week. On October 17 the department wrote to California, warning election officials that counting a ballot from a suspected noncitizen risked prosecution. Two days after that, twenty-eight people were charged across the state under an operation the department named Protect the Vote.

That's the operation as the department describes it. Here is what it actually caught, six days before the vote.

On October 28, the department's two most prominent Minnesota defendants turned out to be James O'Keefe and Cam Higby, charged with — I want to say exposing a security loophole, that's the line the Daily Caller ran — no. Charged with unlawfully voting. They wore costumes and used the names of registered state voters to start the "vouching" process in the August 11 primary. That is the exact fraud six announcements promised to find, and when the department finally found it, it was wearing a disguise and writing election-security commentary under its own byline.

The other catch is quieter. A federal agent hand-delivered Butte County clerk-recorder Keaton Denlay a list of forty-seven people the department called "likely" noncitizens unlawfully registered — a document Denlay says arrived as a poorly formatted Excel spreadsheet with missing and jumbled information. He declined to set the ballots aside. He is now the official facing a threat of criminal prosecution if he didn't take action, full stop, over a list the department's own agents could not format correctly.

Six announcements, one judge, one clerk, and two defendants who work for the side that ordered the search. That's the record, filed under the department's own name, six days before anyone votes.

The receipts (8)

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