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Page B49From§Each · the Justice & Legal book31 October to 1 November 2026

Justice & Legal

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Trump's 250-foot arch for snipers and drones, built for America's 250th anniversary, draws second lawsuit this month

Before I ask you anything, let me just read you the list. I wrote it all down in order, it's in the raincoat here, hold on — ah. Here it is.

April: the Commission of Fine Arts approves the arch. September 4: the Interior Secretary, Doug Burgum, announces excavation will begin. September 20: the President posts that the arch will incorporate a "top grade military complex," at the request of the U.S. military, for National Security purposes. Snipers. Drones. September 28: the Advisory Council on Historic Preservation closes its consultation with the experts and the general public. October 9: Arlington County sues. October 31, yesterday: Washington, D.C., and Virginia sue the National Park Service and the Interior Department.

That's the list. I didn't add anything to it. That's just the order it came in.

Now, the twenty-eighth. I want to go back to the twenty-eighth, and I'm sorry, because I assumed the first time that I'd copied it down backwards. The council's vice chairman, Travis Voyles, sent a letter saying the consultation was closing, and here's the reason given: addressing the experts' concerns and the general public's would require them to deviate from the president's vision for the project. A preservation group said it was gobsmacked. That's their word, not mine.

I keep coming back to it — sorry — because of the eight days. On the twentieth, the military asked for a change, and the President wrote that he had agreed to convert the arch. Eight days later the letter goes out explaining that changes can't be addressed.

And before either of those, on the fourth of September, an attorney named Nicolas Sansone said the administration had no legal authority to begin work on its monumental arch. The excavation announcement came that same Thursday anyway.

Here's what I can't get past, and it's small. My car's been going to the same garage for eleven years, fan belt, always the fan belt. Last time the kid hands me a clipboard at the counter, and the clipboard says, tell us anything else you've noticed. So I notice. I write down the shimmy at forty, I write down the wiper. He reads it, he hands the clipboard back to me, and he says he can't put those on the ticket, because the ticket's already approved and anything I noticed would change the ticket. Then he asks me to initial the bottom. I'm still paying for the clipboard, is my point. I paid a man to ask me.

I apologize, I'm on the twenty-eighth again. Somebody typed that letter. Somebody printed it, somebody signed it, somebody carried it down a hallway to go out. That's a person walking a piece of paper across a room to tell the experts that the review they were in the middle of had reached the one answer it wasn't allowed to reach.

Then October 9. Arlington County sues over a 250-foot arch, citing tourism and the safety of local residents. Two hundred fifty feet, for the 250th anniversary of the country, planted between the Lincoln Memorial and Arlington National Cemetery. The people buried there don't get a comment period either, but nobody closed theirs on a Monday.

Which brings us to yesterday. D.C. and Virginia, in federal court, against the Park Service and Interior, arguing the thing should have required congressional approval and that its height is a problem. That's the second suit this month. The consultation cost somebody nothing to shut. The lawsuits cost two states and a county their lawyers.

Excuse me — before you go, you've got your hand on the door. Just one thing. Two requests landed in September. The military's, on the twentieth, which got the arch changed. The public's, which was still open on the twenty-eighth. So which of those two turned out to be the deviation from the president's vision?

The receipts (7)

Homeland Security upgraded the Omar case from strong to large in the nineteen days since searching her home.

The paperwork is still the story, so let me walk you through it in order.

13 September: Fox News carries the border czar confirming a criminal investigation into Rep. Ilhan Omar and declining to describe it. 18 September: Omar says the Department of Homeland Security has not contacted her. 12 October: Homeland Security agents search her Washington home. 13 October: she calls the search part of a playbook meant to produce a distraction ahead of the midterms.

Then the adjectives arrive. All together now — follow the adjective. On 16 October the Homeland Security secretary told CBS News the probe was a "strong case," and that investigators expected to present it to a grand jury. On 17 October the New York Post reported that federal investigators were building a case that could lead to deporting her. On 18 October former President Barack Obama wrote that the government cannot selectively target individuals for their political beliefs or for what they say, which is the sort of sentence that used to be a civics worksheet. On 21 October the Washington Examiner reported the case is complicated by procedural factors: when the alleged offenses occurred, and who filled out the forms that granted her citizenship. On 23 October a Justice Department filing referred to her by another name without explanation; the president posted about it; she replied that her name has always been Ilhan Omar.

And today, 31 October, the secretary tells the New York Post the case is a "large case," targeting multiple people, led by the Justice Department. Nineteen days after agents went through her home, the public record has advanced from strong to large. I can find no charge in it. The grand jury is still something investigators expect to do.

Line two of today's wire. Fox News reports that the fight over the Omar search warrant sits with Judge James Boasberg, who also has the deportation-flights case and the California voter-rolls case, and that this raises assignment questions. Three cases about who gets removed from where, one docket, and the news is the judge.

Line three deserves a second read. The push to throw her out of the House is heading toward a Supreme Court test of Powell v. McCormack, the half-century-old precedent governing whether the House can refuse a member the voters elected — and legal experts tell Fox News that the old case may actually support expelling her, a twist they call uncharted.

So the case against her as a citizen is at the adjective stage, with the grand jury pending. The case against her as a member of Congress is already drafted for the Supreme Court. Election Day is Tuesday.

The receipts (90)

Administration vows Iran war ends 'soon,' then threatens Iran with 'consequences.'

Whatever infancy it had was combative from the start: on September 1st, after American forces resumed bombing Islamic Revolutionary Guard Corps targets, the president took to Truth Social to warn Iran it would be hit "at a much harder and higher level" if it retaliated. That is not a peace plan. It is a warning label.

By the end of the month the promise had competition. Axios reported that the president was willing to offer Iran sanctions relief and unfreeze its funds for a look at its nuclear program. Monday, he denied it on Truth Social, calling the story untrue and the offer, by extension, imaginary. Whatever door had opened closed again without anyone outside the family hearing it latch.

Tuesday, in Lubbock, Texas, the promise learned a new trick. "You'll see Iran in a couple of weeks, if you don't mind," the president told a rally crowd, dating the war's resolution to a campaign schedule for a second time this autumn. A deadline that moves with the election is not a deadline. It is bunk, dressed as one.

Friday the promise met its own contradictions in public. Iran's supreme leader warned the United States and Israel against new attacks, Qatari mediators kept pushing for a deal, and the president again predicted the war would end soon, again without saying how. The same day, his administration warned Iran of "consequences," and Marco Rubio raised energy security and the Strait of Hormuz at the G20. National Review asked whether the president and Netanyahu would choose victory, insisting any resumed offensive needs a clear goal to justify it — the choosing, evidently, already made for them earlier in the week, in Lubbock.

The promise is survived by a war that has not stopped, a mediation that has not closed, and a sanctions offer the president calls fiction. It is preceded in death by every earlier version of itself — the one from September, the one from the rally, the one from this morning's wire. In lieu of flowers, ask the White House for the detail it has owed since September.

The receipts (6)

Trump mourns carriage industry's death, blaming "one tragic accident" after decades of public debate.

New York City's horse-drawn carriage industry died Oct. 22, when the City Council voted 40 to 7 to end it.

It did not go quietly, and it did not go fast. Mayor Zohran Mamdani and Council Speaker Julie Menin struck the deal to end it on Oct. 14; the formal vote came eight days later, Thursday afternoon, closing out decades of public debate in a single sitting. The ban itself does not take effect until June 2028, so the carriages have nineteen months of this city left in them before the law finishes the job the vote started. That is not an execution. That is a long goodbye, dressed up as a verdict.

The margin says something the date alone would not. Forty to seven is not a fight; it is a formality that took decades to become one. Whatever case the carriage trade had made across those years of controversy, it did not survive contact with a council that had already counted its votes before the mayor ever signed on.

President Trump marked the death the same day, calling it "so sad" and attributing it "largely" to "one tragic accident" — his phrase for whatever incident the Council had spent years citing as cause. A president does not usually eulogize a municipal licensing fight. That he did here says less about the carriages than about who gets mourned in this country, and who decides.

The stranger survivor arrived nine days later. The Washington Examiner, no ally of the mayor on any other subject, ran a column headlined "Mamdani is … right?" and meant it. Decades of debate had produced plenty of malarkey from every direction, and the Examiner's own writer waited until the vote was finished before conceding the socialist mayor's side of it. That is not an endorsement. It is a eulogy, filed by the one mourner nobody expected to show, arriving later than the president's and emptier of nostalgia.

What dies here is not the horse or the park, and certainly not the clip-clop Trump mourned. It is a business model that depended on nobody counting too closely — not the hours, not the pavement, not the accidents. In lieu of flowers, the city might spend the nineteen months before June 2028 deciding what else in New York has lasted this long only because nobody ever put it to a vote.

The receipts (5)

No decision on new Iran strikes, Rubio says, same day Iran's leader vows 'unrestricted response' anyway.

The promise was born September 1st, the day American forces resumed bombing Islamic Revolutionary Guard Corps targets and the president warned Tehran of a response "at a much harder and higher level" if it answered back. A promise to end a war is usually survived by the war. This one has spent two months surviving itself.

Tehran offered it an exit that same week. President Masoud Pezeshkian said Iran would return to June's ceasefire if Washington did. Whatever the report described, the denial made sure no outside observer ever saw a draft, a term sheet, or a signature.

By October 28th the promise had a new due date. The president told reporters Americans would "see Iran in a couple of weeks" — not peace, a preview. That date is still eleven days off. Three days into the wait, the file is thicker, not thinner.

Saturday, Secretary of State Marco Rubio said no decision had been made on resuming hostilities. The same day, Iran's supreme leader, Mojtaba Khamenei, made the decision look academic, vowing an "unrestricted response" and ordering Iran's target list "updated comprehensively" to include, in his own words, "all physical and non-physical assets" of the United States and Israel. Non-physical assets. The promise to end the war has outlived its own vocabulary.

Israel, for its part, is reportedly drafting a different kind of ending. Sources describe a plan styled on last year's pager campaign, aimed this time at the four military hard-liners running Iran — targets on their backs, the Post reports, and explosives in their pockets, if strikes resume after Tuesday. Washington is, at the same time, racing to rejoin indirect talks in Qatar. Over the weekend, Saudi, Pakistani and Turkish officials met their Iranian counterparts in Tehran, reticent, Truthout reports, to watch the war come back.

The promise is survived by a ceasefire nobody returned to and a sanctions offer nobody admitted making. It is preceded in death by nothing — it has never actually died, only paused long enough for an obituary and then declined to stay in the ground.

In lieu of flowers, a vote. Tuesday's returns decide less than they are advertised to, but they are the only ledger entry left that voters, rather than diplomats, get to sign.

The receipts (6)

France's third weekend: 320,000 in the streets, Molotovs thrown, flags burning, on schedule.

The accurate name for what French schoolchildren are doing died on 20 October, at a Trump rally, at the age of roughly seven weeks. It is survived by a third weekend of marches, by an interior minister's warning, and by an American election three days away. It was preceded in death by the arrest count, which depends on who is doing the counting and on which day.

It was born in September, at a single school in the economically deprived suburbs of Paris, over teacher shortages, overcrowded classrooms, and buildings with rats and falling debris. By mid-October the complaint had spread to 140 cities, and a Common Dreams dispatch quoted organizers saying the government was trembling. The renaming began soon after: on 20 October the president told a rally the unrest was the work of migrants and communists. The protest did not change. The word for it did.

By 24 October French police were logging nearly 800 demonstrations and Fox News put the arrest total at 135, with potential weapons found on protesters. Two days later CBS News put the number above 1,000. The recast of schoolkids as migrants and communists remains, by the numbers, hogwash: the crowds did not shrink to match the new name. They grew into a third weekend.

That weekend arrived Saturday as Halloween. Police counted 70,000 in Paris; the interior ministry counted 320,000 nationwide. Interior Minister Laurent Nuñez had warned of a "very high risk" of disorder after dark, and the disorder arrived on schedule: rioters threw what appeared to be Molotov cocktails at Paris police, injuring several officers, and in Lyon marchers burned American and Israeli flags. In Portland, on a New Year's Eve five years ago, police declared a protest a riot, fired rubber bullets, and the arrest count went unstated. Paris in 2026 has the same trouble: the number depends on the week you ask.

Nuñez's warning arrived exactly when it said it would, which is more than can be said for the school repairs that started this shit in September.

In lieu of flowers, read past the flag that burned to the classroom roof that is still falling in.

The receipts (5)

Moving the ballots is impossible, Alaska says; a straight answer about them is too.

Here is what is in the file, in the order it arrived. On October 24th, the Department of Justice asked a court to block certification of Alaska's Senate race, but only if the Republican loses, naming zero ballots in the complaint. On October 28th, Senator Lisa Murkowski endorsed the Democratic candidate for governor, passing over the president's own pick. On Friday, at a rally, Mary Peltola denied any involvement in the "Decoy Dan" ballot-stacking scheme her campaign stands accused of, and did not bring up the federal investigation into it — a denial The Hill says she has now made in two straight weeks. On Saturday, Alaska's attorneys filed their answer to the request that the state set aside those ballots, calling it "disturbing and impossible" without violating voter privacy. That same Saturday, former FEC chair Hans von Spakovsky said the DOJ's criminal probe into the scheme has a precedent: the indictment Jack Smith's office brought against Donald Trump, by then a former president.

That's the list. I'm not adding anything to it yet.

There's one line in that file I keep going back to, and before I start, I should say I'm going to come back to it more than once tonight. I don't do it to be stubborn. It just won't hold still for me.

I'm sorry, but the first time, it's about the calendar. The record gives us one rally, on a Friday, with one quote. It tells us this is the second time Mary Peltola has said it. It doesn't tell us when the first time was — not the date, not how many days before. I'd like to hand you a number. I don't have one.

I'm sorry — second time now — but this one's about what's missing. "I am so deeply offended," Mary Peltola says, by any suggestion of involvement. The federal investigation into the scheme is not mentioned in that sentence. I want to tell you it wasn't mentioned the first time either. That's not something the file gives me for the first time, so I'll leave it alone.

Third time, and I apologize, but this one's the garage. I had a board out there I needed cut to a length. I measured it, cut it, and it came up short, so I carried it back across to the saw, measured the same spot again, and cut it a second time. Measuring a thing twice doesn't change what the first cut was. It tells you where somebody went back to.

One more, and I'm sorry, because this is about who else was talking that same Saturday. While that second denial sits in the record, Alaska's own attorneys are telling a court, in writing, that doing what was asked of them — setting aside ballots tied to this scheme — cannot be done without violating voter privacy. One office says a thing can't be done. A campaign says a thing didn't happen. Does either filing say whether the federal investigation answers the question the other one raises?

Excuse me — before you go. Mr. von Spakovsky's precedent is Jack Smith's indictment. Jack Smith indicted a former president — after the man had left office, not while he held it. So does the record show this probe following that same order, after the fact, or does it show something running now, while the campaign it concerns is still sitting on a ballot that hasn't certified? I don't know which one it is. I do know the file has given me the words "second straight week" exactly once, and I've gone back to the word on my own three more times without meaning to. Second.

The receipts (84)

Trump told the Justice Department to sue to block Alaska's certification if the Republican narrowly loses; the complaint named zero ballots, and the vote is two days off.

The concession died this week in Anchorage, of causes its attending physicians declined to name.

It was born of the certified count, and that was the whole of its anatomy: somebody counts, somebody comes up short, and the one who comes up short says so out loud and goes home. It was never set down in a statute. That is the shit of it. The concession was a habit, and habits keep no lawyers.

The first symptom was reported on 31 August, when the Washington Examiner wrote that Alaska Democrats had found a man willing to run for the Senate seat under a name all but identical to the incumbent's — Dan J. Sullivan, where the Republican holding the seat is Dan S. Sullivan. One letter apart. On 9 October the president posted that Alaska's voting system was stupid: "How stupid are we to do this?" On 14 October he urged Alaskans to vote for the "real" Dan Sullivan and said his administration was looking into the other one.

On 23 October the Justice Department went to federal court and asked it to withhold certification of the Senate result if the Republican incumbent loses. The condition is the document. The suit does not ask a court to protect the counting; it asks a court to protect one of the two available outcomes. It named no ballot at all — not a penny-ante handful, zero. On 26 October the president said he had directed the filing himself, and added the word narrowly.

Peltola's lawyers moved to dismiss on 27 October. On 28 October Senator Lisa Murkowski endorsed the Democratic candidate for governor, passing over the president's own pick, which is one senator and not a state.

The grounds arrived afterward, in instalments, the way grounds do. On 29 October the Times reported that Peltola's campaign had recruited the second Sullivan, and the Department answered its own lawsuit with a fresh wave of subpoenas in what it called an "ongoing criminal investigation." Law enforcement surged. On Friday a filing asked that every ballot ranking Daniel J. Sullivan be segregated for voter confusion — segregated, not counted. Also on Friday the United States Attorney in Anchorage, Michael Heyman, confirmed a criminal investigation and a civil one and said he is "not making any assumptions on whether a crime has been committed or not."

Four probes, state and federal. Zero charges. Zero ballots. One on-air clarification that the thing is not illegal. At a rally Friday, Mary Peltola denied any involvement in the "Decoy Dan" ballot-stacking her campaign stands accused of, the second straight week she has said it. On Saturday Alaska's own attorneys filed their answer: the ballots cannot be moved. That is not a refusal. That is arithmetic and geography.

It is preceded in death by Brasília, this same month. Flávio Bolsonaro lost Brazil's run-off, threatened to annul it, and left for the United States with his family, with Trump and his aides seeing to it that he could enter. A letter posted briefly under his name called him president elect; an ally said afterward the phrasing came from ChatGPT. He has called himself leader of Brazil. The president in Washington has not said who won.

It is survived by the surge of agents; by the thousand election monitors the head of the Justice Department's civil rights division, Harmeet Dhillon, has said she hopes to send, which the NAACP sued over on 7 October; and by the 250-foot arch for the country's 250th anniversary, whose excavation the Interior Secretary announced on 4 September and which the president posted on 20 September would incorporate a "top grade military complex" — snipers, drones — at the military's request. Arlington County sued on 9 October. Washington and Virginia sued the National Park Service on Saturday. Concrete keeps better than agreements.

In lieu of flowers, vote on Tuesday. It is two days off, and a count too large to argue with is the only medicine left on the shelf.

The receipts (80)

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