The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Aug. 8
Aug 11, 2025
Peter Harrell, a Lawfare contributor and expert on tariffs at the Carnegie Endowment, joins the discussion alongside Lawfare’s senior editors. They delve into the D.C. Circuit's recent legal rulings affecting Trump’s IEEPA tariffs and the intriguing legal crises in Texas over redistricting. The trio examines the complexities of mandamus and contempt, along with the implications of Justice Kavanaugh's views on national security. They also humorously dissect the legal intrigue surrounding Texas legislators fleeing their duties, showcasing the confluence of law and politics.
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Mootness Complicates Habeas For Removed Migrants
- Many class members in Venezuela told ACLU they want to return and contest removals.
- That claim forces Boasberg to decide whether habeas rights survive after removal.
Minute Order Ambiguity Drives Katzas' Mandamus View
- Katsas argued Boasberg's minute order was ambiguous about 'removed' meaning territory versus custody.
- Ambiguity, he said, prevents a criminal contempt prosecution and supports mandamus relief.
Rao: Contempt Looked Like Coercive Compliance Tactic
- Rao wrote Boasberg improperly used contempt to coerce executive compliance after the Supreme Court ruling.
- She favored vacating the order but not fully terminating contempt proceedings outright.