The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Feb. 6
Feb 9, 2026
They cover legal battles over searches and sealed filings tied to the Fulton County probe. Removal doctrine fights and efforts to shift state prosecutions to federal courts get attention. Rights challenges to ICE and CBP use of force, congressional oversight, and access to detainees are discussed. Several high‑profile procedural skirmishes and litigation developments are highlighted.
AI Snips
Chapters
Transcript
Episode notes
Evidence Access Dispute In Priddy Shooting
- Minnesota BCA sought access after exclusion from Alex Priddy's crime scene but the judge denied the TRO citing preservation obligations.
- The judge expressed puzzling reliance on presumption of regularity despite troubling public statements by officials.
Portland Ruling On Excessive Force And Protest
- A federal judge granted a narrow TRO in Portland finding ICE used excessive force at protests, protecting speech and newsgathering at that site.
- The order targets conduct at the Portland ICE building specifically rather than nationwide policy.
Operational Constraints, Not Just Defiance
- DOJ and DHS publicly denied systemic problems despite courtroom testimony showing logistical, safety, and resource barriers to compliance.
- Internal claims included fears that releasing timing details could put agents at risk and hinder court compliance.