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If you prefer to follow me on other platforms, going forward, most posts are also available on Threads bit.ly/40TFirx and Bluesky bit.ly/3ZcEtc8. I intend to keep posting here. Updates as conditions warrant. Thank you for your attention.
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NEW: Trump admin's bid to get appeals court to force segregation of mail-in ballots from 20K suspected foreigners in CA seems in trouble three ways to Sunday, including with at least 1 and probably 2 Trump appointed judges. w/@kyledcheney @lindseymholden politico.com/news/2026/10/2…
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UPDATE 2: Argument is still going but I've seen enough, Trump admin is going to lose this appeal
UPDATE: So far, 9th Circuit argument is going poorly for Trump admin. Caveat that we are only about 20 minutes in, but Trump appointee Bennett and Biden appointee Sanchez sound highly dubious of timing and substance of DOJ's demand for appeals court action.
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UPDATE: So far, 9th Circuit argument is going poorly for Trump admin. Caveat that we are only about 20 minutes in, but Trump appointee Bennett and Biden appointee Sanchez sound highly dubious of timing and substance of DOJ's demand for appeals court action.
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Josh Gerstein retweeted
@jamesfishbackTV event. Idk what happened at the door as I was with Byron and the others inside and there were close to 1000 people there but you should endorse Byron. You said some pretty awful things about him that were not true. Now that he is the nominee it is the right thing to do.
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JUST IN: 2 more Trump admin filings in 20K suspected foreign CA voters fight at 9th Cir. Opposing CA motion to dismiss: documentcloud.org/documents/2883… Reply in favor of emergency injunction: documentcloud.org/documents/2883…. Args at 1pm PT. Earlier: politico.com/news/2026/10/1…
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Josh Gerstein retweeted
Two Fridays ago, @USAttyEssayli put out a statement claiming that I was flat wrong that the 20,000 people on the list given to California were only people DHS/DOJ “believe” were noncitizens.
Now, below, he outright says as much; “we believe” they are noncitizens.
Now, below, he outright says as much; “we believe” they are noncitizens.
It's simple. California does not verify citizenship status. We did the work for them. We obtained the registered voter list and told them who we believe are noncitizens on their rolls. Knowingly processing noncitizen ballots is a federal crime under 18 U.S.C. §§ 611 and 2. We will hold election officials accountable. No one is above the law.
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Josh Gerstein retweeted
HBO's @LastWeekTonight has a long track record of citing social science findings without the appropriate context, massaging them to support whatever point @iamjohnoliver is trying to make.
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Josh Gerstein retweeted
Polymarket's offshore site offered (and later removed) a betting market on whether charges will be filed against the Cornell students accused of rape. At @nextpredictio, I asked @CFTC enforcement director David Miller what regulators were doing about this. Here's his answer.
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Josh Gerstein retweeted
Irony about this post is ranked choice voting allows voters to bypass shenanigans if they are worried or confused about which Dan Sullivan to vote for.
What Democrats have done in the Alaska Senate Race is a corrupt perversion of democracy & exactly what we can expect if they succeed in their quest to spread ranked choice voting elsewhere.
Alaska must repeal ranked choice voting this year!
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Josh Gerstein retweeted
In a moment of candor, a MAGA legal commentator argues that it’s acceptable (even savvy) for the Trump administration to abuse the legal process with a meritless lawsuit to flood the zone with partisan electoral talking points he agrees with.
Cynical, but honest.
Cynical, but honest.
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JUST IN: 9th Circuit will hear arguments remotely at 1PM PT tomorrow (Sunday) on the Trump DOJ bid to segregate ballots from 20K suspected foreigners registered in CA. Judges Bennett (Trump), Bumatay (Trump), Sanchez (Biden). Doc:
storage.courtlistener.com/recap/gov.usco… politico.com/news/2026/10/1…
storage.courtlistener.com/recap/gov.usco… politico.com/news/2026/10/1…
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Argument will stream here (with any luck) youtube.com/live/rIrq3cRGb…
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Josh Gerstein retweeted
Did Macron say this? Wiped out a history of antisemitic attacks in one sentence.
As the investigation has continued into the shooting attack in Paris, it appears the crime was motivated by anti-Muslim hate.
President Macron had this to say on the matter: "What happened today is, I am telling you, ​a turning point, because it is the first time we have had ‌a planned to kill our compatriots, our children, based on the color of their skin or ​their religion."
I guess the man who shot children at a Ozar Hatorah school in Toulouse in 2012 doesn't count. He must have chosen a Jewish school by accident.
And I suppose the man who shot and took hostages at a kosher grocery store in Paris in 2015 also didn't count.
Please do not mistake what I am saying here. I am not saying this isn't a horrible terrorist attack targeting people on the basis of religion. I am not saying that this terrorist attack is in any way less awful than the ones targeting Jews that came before it.
But I am asking why the President of France is erasing the history of Jews being targeted by terrorists in his country. The tragedy is already horrific; why make things up?
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UPDATE: 9th Cir. orders state to respond by noon PT Saturday. Judges on panel not disclosed. Doc: documentcloud.org/documents/2883…
JUST IN: Trump admin asks 9th Circuit for emergency order by tom'w (Sat) to segregate ballots from 20K on CA rolls whom DOJ suspects are foreign. DOJ says Judge Carter constructively denied relief by failing to act. Doc: documentcloud.org/documents/2883… Earlier: politico.com/newsletters/ca…
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JUST IN: Trump admin asks 9th Circuit for emergency order by tom'w (Sat) to segregate ballots from 20K on CA rolls whom DOJ suspects are foreign. DOJ says Judge Carter constructively denied relief by failing to act. Doc: documentcloud.org/documents/2883… Earlier: politico.com/newsletters/ca…
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Josh Gerstein retweeted
BREAKING: In an escalation from the DOJ, prosecutors sent demand letters to individual registrars across California, giving them 48 hours to sequester the ballots of suspected noncitizen voters. sfchronicle.com/politics/artic…
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Josh Gerstein retweeted
Alaskans don’t need any help voting for their preferred candidates, and the State of Alaska has already handled this by clearly distinguishing the candidates on this year’s ballot. The Department of Justice should never have filed this lawsuit.
apnews.com/article/alaska…
apnews.com/article/alaska…
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Josh Gerstein retweeted
Investigative reporters are #FIFA’s only meaningful watchdog.
⚽️ Join me Tues noon ET for a timely @opcofamerica conversation w/journalists Josh Fine @jfine1776, Politico’s @SophiaCai99 & @martynziegler—whose "Scoop of the Year" led to FIFA walking back Infantino's #WorldCup privister here (and if you are a journalist, join the OPC for more timely+trenchant programming!)
lp.constantcontactpages.com/ev/reg/zw349nv
⚽️ Join me Tues noon ET for a timely @opcofamerica conversation w/journalists Josh Fine @jfine1776, Politico’s @SophiaCai99 & @martynziegler—whose "Scoop of the Year" led to FIFA walking back Infantino's #WorldCup privister here (and if you are a journalist, join the OPC for more timely+trenchant programming!)
lp.constantcontactpages.com/ev/reg/zw349nv
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Josh Gerstein retweeted
FIRST IN NATSEC DAILY: State Department special adviser Kristi Noem put out a fake press release that wasn’t authorized by the State Department to swat away rumors that she was on the outs after her tenure as a special envoy ended:
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So US is happy to promote American baseball in China but skittish about promoting American football in... (checks notes)...France?
With an 8 AM first pitch in China, it’s time for the World Series! ⚾ Look forward to the matchup between Milwaukee Brewers @Brewers and Tampa Bay Rays @RaysBaseball. No matter where you are in the world, baseball brings people together. #WorldSeries
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