This week Ken and Josh discuss more on tariffs — what awaits litigants like FedEx who seek refunds of payments they made under President Trump’s now-invalidated tariffs, and what courts might do with his efforts to reconstruct the tariffs under non-IEEPA legal authorities that come with their own difficulties. We discuss news that Jeanine Pirro has given up on indicting the Democrats who made the “you must refuse illegal orders” video, and we have an update on Matthew Isihara, the SAUSA who was held in contempt of court in Minneapolis. (At least the detainee who got dumped in El Paso without his documents will get his plane ticket paid for.)

That’s for all subscribers. Paying subscribers (thank you for your support!) also get our looks at:

* The magistrate judge who authorized a search of a Washington Post reporter’s home but is now angry that the government failed to alert him to a law that appears to make their search illegal. (Isn’t it his job to know the law?)

* Aileen Cannon’s efforts to block the release of Jack Smith’s report on the Mar-a-Lago documents investigation.

* A ruling from a federal judge in West Virginia with a novel Fourth Amendment theory prohibiting certain ICE tactics (this is likely to get a lot of appellate action).

* A ruling that it’s not misleading for Buffalo Wild Wings to market its “boneless wings” which aren’t actually made from wing meat.

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This week Ken and Josh discuss the Supreme Court's ruling in Learning Resources v. Trump, throwing out the massive country-specific tariffs the president purported to impose under the Nixon-era International Emergency Economic Powers Act. The opinion was messy: 6-3, but with the six-justice majority not agreeing on exactly why the tariffs were illegal.

Also this week, we look at a contempt order from Judge Laura Provenzino, putting a Special Assistant U.S. Attorney in contempt over the government’s failure to return identification documents to a non-citizen released from immigration custody on her orders. We discuss how an order like this matters, and how judges could further escalate in the face of widespread noncompliance by the federal government in these immigration cases.

Plus, we discuss a mistrial over a defense attorney’s t-shirt, Judge Paula Xinis’s rejection of yet another effort to detain Kilmar Abrego Garcia, Sen. Mark Kelly’s exclamation-mark-laden preliminary win against efforts to reduce his military rank and pension, and a Minnesota judge’s order directing the government to let ICE detainees talk with their lawyers. And we look at an all-timer performance from billionaire Les Wexner’s attorney, who whispered in his ear during a congressional deposition, threatening to kill him if he says any more answers longer than five words.

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This week Ken and Josh discuss a D.C. grand jury declining to indict Democrats in Congress, Don Lemon's new high-profile lawyer, and Trump's lawsuit against the IRS.

That’s for all subscribers this week. Paying subscribers get more conversation:

* A look at a highly consequential ruling from the Fifth Circuit, upholding the Trump Administration’s novel and very aggressive views on what aliens it may detain pending deportation. Most other courts have rejected these theories — including a majority of Trump’s own trial court appointees who have heard relevant cases — and there’s some skepticism that the Supreme Court will go along.

* The DOJ seized 2020 election ballots from Fulton County, with a fairly batshit search warrant that Ken is surprised got approval from a magistrate judge. Fulton wants its ballots back; we discuss whether they’ll get them and what might happen if Trump tries to get a warrant for ballots in an election where a count is ongoing rather than complete.

* We look at an alleged jewel thief who had the option of going to prison or Ecuador and unsurprisingly chose Ecuador — reflecting a serious failure of coordination between prosecutors and immigration authorities.

* And finally, is murder a crime of violence? The answer might surprise you.

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