The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Feb. 13
4 snips
Feb 16, 2026 
Peyton Baker, a law student reporting from the Minneapolis courthouse. Anna Bower, senior editor covering election‑law and Fulton County. Roger Parloff, senior editor and legal analyst. Troy Edwards, former federal prosecutor with grand‑jury experience. They discuss Don Lemon’s crowded arraignment and pretrial issues. They dig into shaky Fulton County search affidavits, DOJ moves to vacate Steve Bannon’s conviction, and rogue grand jury dynamics.
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DOJ Moves To Vacate Bannon Conviction
- The DOJ moved to vacate Steve Bannon's conviction rather than oppose a Rule 48 dismissal, signaling prosecutorial discretion or political calculation.
- Benjamin Wittes notes judges typically accept such government motions when parties agree and courts rarely resist in similar January 6th cases.
Court Halts New Refugee Detention Interpretation
- A new government reading would allow warrantless detention of refugees after one year, reversing 45 years of practice.
- Roger Parloff reports Judge Tundheim issued a TRO rejecting that interpretation as inconsistent with longstanding practice.
Boasberg Lets Alien-Enemies Relief Proceed
- Judge Boasberg allowed certain Alien Enemies Act-related petitions to proceed and offered return or in-country options.
- Roger Parloff explains the court permitted written habeas filings from third countries and flagged potential logistical issues if hearings occur.