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Page B54From§Each · the Justice & Legal book8 November to 9 November 2026

Justice & Legal

← B53Sealed · 8 November to 9 November 2026B55 opens with the next story

Supreme Court spent twelve days barring student IDs while warning of voter confusion too close to an election, and answered the president's own midterm request in hours.

My wife said leave the clock alone and come to bed, so I came to bed, and then at two in the morning I was out on the porch with the notebook and the dog, who has opinions about that.

I had written down two dates and one figure. Let me find the figure. It's in here somewhere. Hold on. Okay.

September twenty-fifth: six to three, the Supreme Court lifted a lower court's order that had kept the Department of Homeland Security from using and expanding a database called SAVE — the Systematic Alien Verification for Entitlements — to screen state voter rolls while the case runs on appeal. The database was built to check whether noncitizens qualified for government benefits. Common Dreams reports it is known for flagging naturalized citizens, and that eligible voters may have their registrations wrongfully canceled weeks before the midterms. Fox's write-up of the same order says states may use the program, for now, in their efforts to verify the eligibility of voters on their rolls.

Verify. I underlined that, and then I underlined the figure sitting under it: the database cannot confirm four in ten of the names it matches belong to registered voters.

I keep a ring of ten keys in the glovebox. Six of them I can place — the house, the back door we rehung, the padlock on the garage, the toolbox, the chain on the side gate, my brother-in-law's shed. Four I cannot place at all. That is not modesty; I don't know what they open, and I've carried some of them eleven years. Now suppose a fellow comes up the driveway and tells me he has been through that ring and can tell me which houses on my street have the wrong people living behind the doors. Before I let him start, I'd want to ask him the question the paper already answers: out of ten names the screen matches, how many does it say it cannot confirm belong to registered voters?

Because on November first, two days before the polls closed, James Percival, general counsel at the Department of Homeland Security, vowed to find, charge and deport any noncitizen caught casting an illegal ballot in the midterms. That vow sits right on top of the four.

So I went looking for a second number, and I found Springfield. September fifth, at a roundtable in Cincinnati, Homeland Security Secretary Markwayne Mullin announced that Immigration and Customs Enforcement had arrested 380 Haitian citizens in Springfield. One count, with the cameras there for it. How many counts has Washington published since? It isn't a trick question. Ask it and the answer is on the page: Washington has not issued a second number.

Then the other date, the one that actually got me up. October twenty-second, the Court let New Hampshire refuse student IDs at the polls, reversing a federal judge's order. Fox's write-up says the warning was of voter confusion too close to an election. The Washington Examiner's lead calls the thing New Hampshire wanted lifted a last-minute block, and the state's petition was an emergency one, filed by Secretary of State David Scanlan. Justice Ketanji Brown Jackson wrote a short dissent saying she would have left the lower court's decision in place.

Twelve days on the student card. Hours on the president's own midterm request. Those are their two numbers, not mine; I only copied them onto the same page, one under the other, which is how I ended up on the porch.

Excuse me — I see the coat's on, I'll be quick. One thing. Twelve days of thinking about a university card, and the stated worry was confusion too close to an election. Of the two applications in front of that same bench, which one came back in hours? Don't answer me, it's printed. Ask your clock.

The receipts (80)

THE FILING

Justice Department discusses naming as co-conspirator the newspaper Comey's own lawyers say received the leak.

I have read charging documents for a living long enough that this one took three reads before I believed the plain meaning of the sentence. On October 26, the Justice Department charged James Comey a third time — two counts of leaking information related to national defense, filed in federal court in Washington. The filing, The Guardian noted, gives few details about what was leaked, or to whom. Few details is what a charging document is for.

Two counts, same leak. Two earlier FBI investigations had already looked at this disclosure and closed without charges.

Comey's lawyers say it is the same leak, and on October 27 they told The New York Times something more specific — that the 2016 disclosure at the center of the case was a disclosure to The Times itself. That is the defense's account, offered by the defense, and I note it here so the reader can weigh it as that and nothing more. On October 30 those same lawyers asked a federal judge to dismiss the case outright, calling a third prosecution of one closed leak an exercise the court should not indulge. The judge set a hearing for Friday.

Prosecutors building the Comey case had discussed, internally, naming The Times a co-conspirator. Not a witness. Not a source. A co-conspirator — in a case where, by the defense's own account, The Times' only documented role was receiving the thing the government is prosecuting someone else for sending. The Times is careful about what it knows here, and I'll match that care: it remains unclear how the department might proceed, the paper reports, and nothing has been decided. All together now: the office that twice found no leaker to charge is now discussing whether the newspaper that got leaked to should be charged alongside him.

The Times called the prospect a major escalation of the administration's attacks on the press. I'd call it the logical next sentence in a document that has already run two investigations into the ground looking for someone, anyone, to name. Nobody has filed anything yet. They have only talked about it, out loud, inside the building that files things.

The receipts (85)

THE AUTOPSY

The coalition loses its lawyers, its next House leader and its health crusade in one week.

The Trump coalition died this week, in three installments: at the Justice Department, in the House Republican leadership race, and inside the Make America Healthy Again movement, all inside the same seven days. It was born on November 5, 2024, the night Donald Trump won the presidency — a win that would, two years and one lost midterm later, still leave him $2.7 billion richer than the man who walked into office, a figure recorded Wednesday, the same day Trump Media stock and his WLFI coin both fell on the news of Tuesday's results.

By Thursday, Caroline Sunshine, a former Trump staffer, told Fox News's Jesse Watters she would say "what a lot of people are saying privately": that White House chief of staff Susie Wiles should resign over the wipeout. The same day, Robert F. Kennedy Jr.'s health movement found itself, The Hill reported, at a crossroads, its allies beaten at the polls and its alliance with the party that hosts it looking shakier than anyone had said out loud.

The Justice Department went last, and went hardest. Their exits followed an earlier one from the Civil Rights Division, the one that set the week's pattern: whoever was going to leave, left before the weekend.

By the weekend the postmortems were arriving faster than the bodies. The New York Times found Republicans pointing fingers at staff, at strategy, at anything penny-ante enough not to require blaming the man in the Oval Office — whom the paper reported did not appear to be listening regardless. The BBC asked, not unreasonably, what Republicans intend to do now.

The coalition is survived by the invitation it extended three weeks before the vote, when Trump told reporters flying back from Tennessee that he'd "love to see" Senator John Fetterman switch parties. It is preceded in death by that earlier Civil Rights Division departure, the first domino of a week that ended with a Speaker who wouldn't run, a chief of staff under open fire from her own former colleague, and a health movement with nowhere left to point.

In lieu of flowers, the family asks that mourners register for whichever election comes next, and that they not wait for permission from anyone still inside the building.

The receipts (8)

Pundit says new chief of staff will thrive against hostile media his office is already sued for banning.

It did not reach a month. By Friday, the record had it pegged as bunk.

It had been warned. On October 19th, former deputy press secretary Sarah Matthews called the prospect of Stephen Miller replacing Susie Wiles 'terrifying,' three weeks before the President made it official. On October 30th, Public Citizen flagged 'glaring inconsistencies' in Miller's financial disclosures, the kind of paperwork discrepancy this administration treats as a deportable offense when it belongs to someone else.

Then the week itself arrived. Republicans lost both chambers of Congress on Tuesday; by Friday the President had read the result and posted Wiles's replacement to Truth Social. Richard Walters, another deputy chief of staff, is departing too, in what The Hill is calling Miller's shakeup; Miller called him 'invaluable' on the way out, a word with a shelf life.

The weekend brought the reviews. Senator Bernie Sanders said he is 'not worried,' having long since concluded the President is 'mentally unbalanced, erratic.' Senator-elect Abdul El-Sayed called Miller the 'most broken man' now running 'the most dysfunctional White House,' on television, to a reporter who asked directly. Representative Marlin Stutzman, a Republican, said that in the business world he comes from, a team that 'takes a beating as badly as we took this last week' gets fired, not promoted. The team got beat to shit, and the man who ran its message got the bigger office. Gentle as that sounds, it is the whole story. Washington Examiner columnist Joe Concha predicted Miller will 'thrive' against a 'hostile media' — the same media a lawsuit, filed weeks earlier, already accuses his office of banning from the building.

The promise is survived by the deputy it pushed out on its way in, the senator who isn't worried, the congressman who calls it a mistake, and the pundit who likes its chances. It is preceded in death by every earlier version of this White House that insisted the team was fine.

In lieu of flowers, a chief of staff who answers the press he's told to thrive against.

The receipts (91)

THE LIST

Mamdani calls abolishing ICE the mainstream-acceptable ask, then is ordered to supply ICE the shelter's names.

The wall between what a homeless man tells a city shelter intake desk and what ends up in a federal deportation file is dead, as of this past Friday, when U.S. District Judge Lewis Kaplan ordered Mayor Zohran Mamdani's administration to hand ICE the names of male residents at the Bruckner shelter in Mott Haven. It was born sometime in the unwritten understanding that a city too proud to turn a man away from a cot in January would not then turn around and tell Washington where he slept. It is survived by the subpoena that outlived it, and by the roster now being compiled to answer it.

The order did not arrive out of nowhere; it arrived at the end of a week that has its own order of events, and the order matters. The next morning, Monday, St. Thomas Church on Fifth Avenue held a funeral for nine homeless men who froze to death on the city's streets between December and February, their bodies unclaimed, their ashes going into the Resurrection Chapel on a few donors' dime. The mayor did not attend. By Tuesday his absence was its own story, filed under the heat he was already taking for how City Hall handled the freeze that killed them. By Friday, four days later, the subpoena had an answer, and the answer was yes.

Three public positions are now on the record inside one week — the interview, the skipped funeral, and the court order that stands — and not one of the three tells a shelter resident which rule applies: the mayor who calls ICE's abolition the easy ask, or the city attorney's office that hands ICE his name when a federal judge asks. Both are now Mamdani's administration. The malarkey of a platform position does not keep a January wind off a church step, and it has not, this week, kept a subpoena off an intake form either.

Preceded in death by the plain idea that a shelter roster and a target list are not the same document. Survived by Judge Kaplan's order, by whoever is still sleeping at Bruckner tonight, and by a count that was nine as of Monday and is not guaranteed to hold at nine.

In lieu of flowers, a public accounting — from the city, not a subpoena response filed under seal — of how many names went to ICE, and how many beds are left for the next freeze.

The receipts (7)

Trump agrees the Iran war cost the House, calls it a good decision anyway.

The promise that the Iran war was winding down died this week, not for the first time, and the paperwork keeps getting refiled.

Hours later, Iran's Revolutionary Guard answered the way it generally does: it lifted its own 2,000-kilometer limit on missile range and promised "astonishing" strikes. A limit a government writes on itself is a courtesy, not a law, and courtesies get withdrawn the day somebody stands up a new task force aimed at your supply lines.

That same Sunday evening, the President sat for 60 Minutes and said there was "no reason" to escalate, and called the war, his war, a "good decision" long-term, whatever the short-term cost turned out to be. He also told a second interviewer he does not disagree with his Vice President's diagnosis, circulating for a week now, that the war, the prices at the pump and the ties to Israel cost his party the House. A president agreeing on the record that his war lost the election, the same evening his own command stood up a new mission to keep running it, is not hogwash so much as it is two departments filing two endings for the same war.

By Monday, Iran's government was publicly downplaying the very task force its own Guard had just answered with a threat. Call it the family on the other side of the obituary, disagreeing with itself too.

None of this started this week. In September, the U.S. struck Iranian targets near the Strait of Hormuz and Iran vowed retaliation; a week later the Treasury Secretary rolled out thirty-six sanctions on Iranian airlines, calling it "economic D-Day." In October, at a rally in Lubbock, the President told a crowd, "You'll see Iran in a couple of weeks," a promise made before the votes were counted and kept almost to the day. By November 4, Tehran had a banner up in Enqelab Square pledging, in English, to kill him.

Land routes do not choke themselves. Task forces take people, trucks and budget lines, and none of that is incidental, it is just the shit nobody itemizes in a concession speech.

Born each time an official says this is almost over, and buried again this week: survived by a task force, a sanctions list, and a missile limit nobody is observing anymore, preceded in death by every October promise of the same ending. In lieu of flowers, a public accounting of what any of this bought.

The receipts (88)

'Zero chance' promise dies at three weeks; chief of staff's wife leaves the air three days later.

The promise did not last the month. It held there was "zero chance" the President would replace his chief of staff, and within three weeks the record filed that promise as bunk.

He did not get there alone. Richard Walters, another deputy chief of staff, departed the same week, one more line added to the shakeup's ledger. A senator said he was "not worried." A congressman called the promotion "a mistake." A pundit said the aide would thrive against a hostile press, a confidence the record has not yet been asked to test.

Katie Miller, his wife, posted on X that she was pausing her podcast "to focus on her family." "I make every decision based on what's best for my children and our family," she wrote, adding that with her husband "taking on this new role," something in the Miller house had to give first.

Born: the deputy chief of staff for policy, promoted into the largest job in the West Wing inside of a month after his own boss swore there was no chance of it. Preceded in death by the promise itself, and by Walters's desk down the hall. Survived now by a senator's calm, a congressman's dissent, a pundit's confidence, and a wife's open microphone, switched off three days into her husband's new title.

In lieu of flowers, Washington might ask for a plain accounting: how many deputy chiefs of staff, podcasts, and promises get spent before anyone outside the building is told what the job was actually for.

The receipts (3)

Supreme Court lets border wall through Big Bend National Park; the suit to stop it remains pending

You will have read that the conservationists' lawsuit continues, and you will have taken some comfort in that. Do not. The suit is what remains standing; the ground is not. Walls, access roads and vehicle barriers proceed inside a national park, and the case about whether they may proceed will be heard ... at leisure.

Do note the order of it. The thirty-foot panels went up on the nineteenth of September, before any of this. A judge paused the work last month. On the twenty-first of October the Solicitor General called that injunction "baseless" and said the block disrupts the securing of a quarter of the southern border. A quarter.

On Monday the justices lifted it in a brief statement. Brief. An injunction pending suit holds a thing still so that a court may decide about it; lifted, there is less of the thing to decide about every week.

And what did the conservationists get for the month? A live case, and thirty-foot panels in a national park.

The receipts (8)

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