Losing My Perspicacity, October 29, 2025

Good morning and Happy Wednesday! For once, I am coming to you with good news right at the top of the newsletter!

We had two good developments on the legal front today, both in Portland and in Chicago. We’ll start out west, where a majority of the judges in the Ninth Circuit have voted to grant an en banc rehearing of Oregon v. Trump.

As you’ll recall, federal district Judge Karin Immergut granted the State of Oregon and the City of Portland a temporary restraining order (TRO), which blocked Donald Trump from deploying National Guard troops in Portland. Days later, Immergut granted a second TRO, which prohibited Trump from deploying the National Guard from Oregon or any other state, in Portland. The first TRO went up on appeal (the second didn’t), and a three-judge panel, which included two Trump appointees, granted a stay of Immergut’s original TRO, which would have allowed Trump to deploy the National Guard immediately, had the second TRO not been in place.

Within hours of the three-judge panel’s ruling, Chief Judge Emeritus Sidney Thomas (our hero), called for an en banc rehearing of the case. Early last evening, we found out that the judges of the Ninth Circuit voted to rehear the case. An en banc rehearing is a huge win for the plaintiffs. First, the ruling of the 3-judge panel goes into the trash, which means the plaintiffs (Oregon & Portland) get another shot at keeping the National Guard off their streets. Secondly, the en banc panel will be made up Chief Judge Mary Helen Murguia (appointed by Barack Obama) and 10 other judges chosen at random. The upshot of all this is that the plaintiffs could wind up in front of a much more liberal panel of judges than they got on the first go ‘round.

We don’t have a date for the en banc panel rehearing yet, but a trial on the merits of the case is set for tomorrow at 11 am CT.

Meanwhile, in Chicago, Judge Sara Ellis hauled Border Patrol Commander Greg Bovino into court and chastised him like a small child over all the violations of the TRO she issued against ICE and CBP in Chicago.

Here’s how much of it went:

Bovino did a lot of nodding and “yes ma’am”ing of Ellis, which was funny, considering he said this in a Telemundo interview on Saturday:

The transcript of that interview was filed by the plaintiffs (a coalition of Chicago journalists, clergy, and protestors) around the time the hearing was getting underway, so we don’t know if Judge Ellis actually saw it before she began questioning Bovino, who, by the way, recently dressed like this for a CNN interview.

Am I the only one who feels like he watched Schindler’s List and decided to cosplay as Ralph Fiennes’ character?

Here it is in color:

Not … not a great way to convince people you’re not a Nazi.

After Judge Ellis made Bovino listen to her read off a list of ICE/CBP violations for an hour and a half, she decided that Bovino will appear before her every night at 6:00 pm (until November 5) to answer her questions about how ICE and CBP are conducting themselves in Chicago. She also ordered him to wear and operate a body cam.

Here’s Bovino (yes, he dressed like that for court) leaving the Dirksen Federal Building and doing his best to look like a real tough guy.

Don’t get me wrong: I think Judge Ellis could have been a lot tougher on Bovino. For instance, she entered and continued the plaintiffs’ motion to ban federal agents from using tear gas in Chicago, saying, "I don't know that we're going to see a whole lot of tear gas being deployed over the next week." I think it’s admirable to assume that everyone will act in good faith, but I also think it’s naive. Bovino and his goons will continue brutalizing Chicagoans, and then will come back into court and try to justify their actions by saying it was a “safety issue.” Still, she’s giving the feds every opportunity to comply, which makes a good record if/when this case goes up on appeal.

Finally (because we might as well do all the legal stuff in one fell swoop), we had two amicus briefs filed today in support of James Comey’s Motion to Dismiss the criminal charges against him based on US Attorney Lindsey Halligan’s improper appointment: One by a bipartisan group of current and former members of Congress, and another by a group of former federal judges and US Attorneys. The judge hearing that Motion to Dismiss has asked the DOJ to hand over everything showing how much involvement “the indictment signer” (Halligan) had with the grand jury, which seems to bode poorly for the prosecution. If Halligan is found to have been improperly appointed, the charges have to be thrown out.

Elsewhere today: This Tylenol thing is getting ridiculous; Jeff Bezos gets caught doing bad journalism; Lindsey Graham doesn’t know how Siri works; and The High Note.

Before we get to all that, I want to make sure you’ve all seen this:

The confused wandering is bad enough, but why did he salute the Japanese flag?

Ken Paxton sues Tylenol, because of course

I don’t know if there has ever been a public official who wastes as much time and money on the absolute worst projects than Texas AG Ken Paxton. If he’s not terrorizing trans kids and pregnant women, he’s suing drug companies over claims everyone knows are complete bullshit.

Probably worth mentioning that the American College of Obstetricians and Gynecologists “supports the use of acetaminophen in pregnancy when taken as needed, in moderation, and after consultation with a doctor. Acetaminophen has long been established as a safe pain reliever and fever reducer for use during pregnancy.”

When this case inevitably blows up in Paxton’s face, I hope Texans ask him to reimburse the state for his terrible lawyering. 

And if you need the Tylenol, take the Tylenol.

Jeff Bezos caught doing what Jeff Bezos does these days

I remember a time when it felt like a good thing to support Amazon and Jeff Bezos. He seemed progressive! He saved the Washington Post!

These days, it’s hard to believe I was ever that stupid.

Anyway, in addition to union busting, treating his employees like indentured servants, and sending Katy Perry into space, Bezos has now been caught omitting Amazon’s financial interests in multiple Washington Post editorials.

The Post tried to save face retroactively, but failed spectacularly:

Things are going great at the Post, which has lost more than 200,000 subscribers since Bezos killed the paper’s endorsement of Kamala Harris last summer. What was once America’s greatest investigative paper is now Jeff Bezos’ personal newsletter.

Oh, and as long as I’m whining about the media, I’d be remiss if I didn’t share the latest Bari Weiss shenanigans:

I can only imagine Dan Brown saying, “Why the hell are they asking me? I’m an author, not a cop!”

Lindsey Graham doesn’t know how Siri works

Had a bad day? Need a good laugh, preferably at the expense of someone who supports all of Trump’s worst instincts? Never fear, Lindsey Graham has got you covered:

What a dingus. Cue the VEEP credits music.

The High Note

Each Day, I do my best to leave you with a smile on your face, a song in your heart, and the will to fight another day.

In honor of the encroaching end of baseball season, let’s all re-enjoy this rundown between a mic’d up Anthony Rizzo and Freddie Freeman, which popped up on my timeline today, and is still one of my favorite Cubs’ moments.

Hey, survive and advance out there today, kids. Don’t let the bastards get you down.