+ Trump officials criticize courts’ facility management.

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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

Good morning. The Trump administration called the federal judiciary “ill-equipped” to manage its courthouses. Plus, the D.C. Circuit will weigh the Trump administration’s “expedited removal” policies; jury selection will begin in the trial of former U.S. Congressman David Rivera, who is accused of acting as an agent for Venezuela; and nearly 30 U.S. appeals court judges condemned a Trump-appointed judge’s “vulgar bathroom talk” in a transgender bias case. We’ve circled back to Monday. Here are some unusual images to kick off the week.

 

Trump administration calls judiciary 'ill-equipped' to manage its courthouses

 

REUTERS/Andrew Kelly

The Trump administration is fighting the federal judiciary's effort to secure independent control over its courthouses and end the executive branch's management of its buildings, saying the court system ‌is “ill-equipped for the real estate job.” Edward Forst, the head of the General Services Administration, made the statement in a letter, deepening strains between the judiciary and the administration of President Trump, who has repeatedly attacked judges and U.S. Supreme Court justices who rule against him. Nate Raymond has more here.

Last year, the GSA demanded the judiciary justify why the administration should not cancel leases for space it utilizes at 160 locations nationally and also eyed 443 court properties for potential sale.

In other judiciary news, last week the federal judiciary approved a new office focused on improving the quality of representation of indigent criminal defendants at the U.S. Supreme Court, with the goal of creating a counterweight to the U.S. Solicitor General's Office. Policymakers also outlined plans to accelerate the development of a new, more secure electronic case management system, saying a major hack of the system last year made clear the need to upgrade the aging system.

 

Coming up today

  • Immigration: The D.C. Circuit will hear arguments in a lawsuit from immigrants rights groups challenging the Trump administration’s “expedited removal” policies. In August, the court upheld a lower court’s block on the policy. Read that ruling here.
  • Environment: The D.C. Circuit will also consider a class action challenging the Trump administration’s termination of the Environmental and Climate Justice Block Grant programs. The lower court denied environmental groups’ request for a PI. Read that decision here.
  • Immigration: U.S. District Judge John Woodcock Jr. in Maine will consider whether to issue a TRO blocking ICE from using facial recognition software and other technology to identify and track residents who observe and record agents' behavior. Lawyers for a group of Maine residents argued the practice is designed to silence them in violation of the First Amendment. Read the complaint.
  • Government: Former U.S. Congressman David Rivera faces trial in Miami federal court for allegedly illegally acting as an agent of former Venezuelan President Nicolas Maduro's government. Jury selection is scheduled to begin today. Opening statements and trial testimony are due to begin on March 23.
  • IP: German engineering company Bosch will seek to convince a federal jury in Texas that Canada-based Westport Fuel Systems fuel injectors used in Ford, GM and Mercedes diesel vehicles infringe its patents. 

Court calendars are subject to last-minute docket changes.

 
 

Industry insight

  • SpaceX tapped Gibson Dunn and Davis Polk & Wardwell as legal advisors on its blockbuster IPO. Read more here.
 

$3 million

That’s how much in legal fees U.S. District Judge Pamela Chen in Brooklyn awarded to lawyers who sued Kimberly-Clark over the labeling of its “flushable” wipes, dismissing objections that the lawyers would earn more than class members in the case.

 

"Regarding the dissenting opinion of Judge VanDyke: We are better than this."

—9th Circuit Judges John Owens and Danielle Forrest in a single-sentence opinion. Nearly 30 U.S. appeals court judges have rebuked 9th Circuit Judge Lawrence VanDyke, appointed by President Trump, over his coarsely-worded dissent in a case involving a nude spa for women that refused service to a transgender woman. Read more here.

 

In the courts

  • Government: ⁠Chief U.S. Judge James Boasberg in D.C. blocked subpoenas that ‌the DOJ served to Federal Reserve Chair Jerome Powell in a probe purported to be about the management of the central ⁠bank's renovation.
  • Government: U.S. District Judge Edward ‌Davila in San Jose ordered the ‌Trump administration to continue funding the CFPB, saying top ⁠officials had unlawfully relied on deficient legal advice to justify their refusal to do so.
  • Government: One of the largest U.S. labor unions filed a lawsuit in Boston federal court challenging a decision by the Trump administration to revoke security clearances for at least 80 noncitizen workers at airports nationwide. Read the complaint.
  • FTC: Adobe said it will pay $75 million to resolve a ‌U.S. government lawsuit accusing the Photoshop and Acrobat maker of harming consumers by concealing hefty termination fees and making it difficult to cancel subscriptions. 
  • Corruption: The U.S. Attorney in Brooklyn said he moved to dismiss criminal charges against a former Fox executive convicted of trying to pay bribes in exchange for lucrative broadcasting rights to soccer tournaments, because it wasn't worth devoting resources to the case.