Roger Parloff

@rparloff

Senior Editor, Lawfare. Practiced law a long time ago. Email: roger.parloff@lawfaremedia.org ; signal rparloff.61

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Roger Parloff@rparloff· 26d

Oof. I misread the part about 7/10. NYT meant that the GJ subpoenas were issued on 7/10, not that the motion to quash was filed then (which would've been incredible turnaround). Motion was filed yesterday, 7/15.

Roger Parloff@rparloff· 26d

Correction/clarification: NYT now says 5 g.j. subpoenas were prepared, but only 3 have been served. www.nytimes.com/2026/07/15/b...

Three Times reporters received subpoenas: Julian E. Barnes, Eric Lipton and Eric Schmitt. The newspaper learned that subpoenas were prepared for two others, Adam Goldman and Tyler Pager, but neither received one.

Roger Parloff@rparloff· 26d

The @nytimes.com has filed a motion to quash the grand jury subpoenas to several of its reporters. The motion was actually filed 7/10 but is still sealed. NYT says it's trying to have it unsealed. Statement of David McCraw, Senior Vice President and Deputy General Counsel below:

Roger Parloff@rparloff· 27d

“In other words, Mr Hearn’s widely published photo proves that he caused no damage to the Reflecting Pool.” Photo above taken from @washingtonpost.com article at below link. 3/3 www.washingtonpost.com/nation/2026/...

words, Mr. Hearn's widely published photograph proves that he caused no damage to the
Reflecting Pool.

Roger Parloff@rparloff· 27d

Context: Minutes after 7/9 arraignment, govt seized Hearn’s phone. In 7/10 motion to get it back, Hearn’s attys assert that the seizure warrant (still sealed) admits that Hearn’s photos were taken before the touching. … 2/3 www.documentcloud.org/documents/28...

Following the seizure, the government provided the defense with a copy of the affidavit
purporting to establish probable cause for the seizure. Exhibit C.2 Paragraphs 12-13 of the affidavit
contain two photographs allegedly capturing the same area within the Reflecting Pool before
(Paragraph 12) and after (Paragraph 13) Mr. Hearn touched the Reflecting Pool. Paragraph 7 of
the affidavit provides that a witness "observed HEARN using his cellular telephone to take what the NPS employee believed to be video or photographs) of the damage to the reflecting pool" before he then "knelt" and "placed his hands in the Reflecting Pool" —describing no other occasion
on which Mr. Hearn was seen using his cell phone.

But the government's seizure affidavit nowhere mentions the widely published photograph
taken-by the affidavit's own account— by Mr. Hearn before he placed his hands in the Reflecting
Pool. Exhibit A at 3; Exhibit B at 8. That photograph shows the same patch of damaged blue pool coating in the same condition as the "after" photograph in the government's affidavit.

Roger Parloff@rparloff· 27d

Attys for Reflecting Pool defendant David Hearn say govt witness told govt that photos Hearn took showing damaged liner (published in WaPo, e.g.) were taken *before* he touched the water—drawing into question how he could’ve damaged it. … 1/3

Roger Parloff@rparloff· 28d

Judge Kaplan in 2023: "The proof convincingly established, and the jury implicitly found, that Mr. Trump deliberately and forcibly penetrated Ms. Carroll's vagina with his fingers, causing immediate pain and long lasting emotional and psychological harm." storage.courtlistener.com/recap/gov.us...

Roger Parloff@rparloff· 28d

E Jean Carroll's atty has $5.62M for the Carroll II verdict. ...

Roger Parloff@rparloff· Jul 11

Here's alt text for the excerpt in the first post.

All that said, because the decisions to issue the Executive Order and to abandon this pros-
ecution-even after the Government secured convictions for serious crimes relating to the attack
on the Capitol on January 6 are solely the Executive's, no one should mistake the Court's grant-
ing of the Government's motion for its agreement with those decisions.
As the Court has said many times, the attack on the Capitol on January 6, 2021 was a
perilous event. It was an attack on people, including police officers, many of whom were injured.
It was an attack on a coordinate branch of government Congress—-that the Founders saw fit to
give a place of primacy in Article I of the Constitution. And it was an attack on the Constitution's mechanism to facilitate the peaceful transfer of power from one president to the next, what President Reagan called "nothing less than a miracle." President Ronald W. Reagan, Inaugural Address
(Jan. 20, 1981). Moving forward, if this Nation's experiment in self-government is to last another
250 years, the American peopleno matter their partisan preferences —will have to act together to preserve, protect and defend that miracle through our constitutional framework.
Because the Constitution and Rule 48(a) require it, the Court will grant the Government's
motion and dismiss this case with prejudice. A separate order will issue.

Roger Parloff@rparloff· Jul 10

Likely answer:

took some digging but i'm almost certain that reason for district-wide recusal is that a notice of appearance by Daniel A. Horwitz, for Owens, hit docket on July 2. He was plaintiff in... Horwitz v. U.S. District Court for the Middle District of Tennessee, 3:24-cv-01180.

Roger Parloff@rparloff· Jul 10

From @seamushughes.bsky.social :

As all District Judges and Magistrate Judges of the Middle District of Tennessee have
recused in this matter, a District Judge from outside the District will be designated by the Sixth
Circuit Court of Appeals. When the designation is made, the case will be reassigned.
It is so ORDERED.

Roger Parloff@rparloff· Jul 9

Final line from Judge Kaplan's explanation last night of his order okaying release of Trump's $5+M security deposit with the court clerk to E Jean Carroll's atty: "[D]efendant has been stalling this case for years. ... It's time for him to 'do equity' and pay the judgment."

In the last analysis, defendant has been stalling this case for years.
A jury
unanimously concluded that he sexually abused and defamed plaintiff and awarded her damages
accordingly. The judgment on that verdict has been upheld on appeal. En banc rehearing has been denied. The Supreme Court has denied certiorari without dissent. It is time for him to "do equity" and pay the judgment.

Roger Parloff@rparloff· Jul 9

Theoretically, if SCOTUS grants rehearing & reverses (which might trigger a civil war), I think Trump could use all ordinary methods of collection to try to get it back. In her opposition papers. Carroll's atty said she plans to put it in an acct for her retirement. So she might have it.

Roger Parloff@rparloff· Jul 9

Last night, in a one-sentence order, the Second Circuit denied Trump's emergency motion for an administrative stay of Judge Kaplan's order, which has already released $5+M from court clerk to E Jean Carroll's atty. ... 1/2

Roger Parloff@rparloff· Jul 8

And now Trump is appealing Judge Kaplan's order, earlier today, releasing $5 M+ in funds to E. Jean Carroll.

Roger Parloff@rparloff· Jul 8

Trump has now filed a new SCOTUS petition for rehearing in Carroll II, which has been accepted for filing. H/T @lylden.bsky.social

Roger Parloff@rparloff· Jul 8

Trump also argues that the reason he didn't raise this argument before the Second Circuit is that the briefing in Carroll II was complete before SCOTUS decided Trump v USA, where it 1st ruled that official acts can't even be used *as evidence* to prove non-immunized wrongs.

Roger Parloff@rparloff· Jul 8

They did. On June 2, they said it would be filed "within the next month," but then they failed to do so and SCOTUS denied cert Jun 29 (after rescheduling 15 times).

Roger Parloff@rparloff· Jul 8

Trump asks Judge Kaplan not to release $5.8M from court escrow to E Jean Carroll claiming his "petition for rehearing [of cert denial!] remains pending before SCOTUS." But SCOTUS docket shows his petition was "not accepted for filing" on July 6. storage.courtlistener.com/recap/gov.us...

Roger Parloff@rparloff· Jul 7

"Everyone ... should be concerned about the DOJ's ability to utilize the power of the grand jury to appropriate your private information without a legitimate purpose." (Quashing grand jury subpoena seeking personal info on thousands of Fulton Co election workers.)

Roger Parloff@rparloff· Jul 7

Tension between Trump & the Smithsonian's chief began on a museum tour, as they passed an exhibit on the Dutch role in the slave trade, & Trump's only comment was, "You know they love me in the Netherlands." By Maggie Haberman & @jonathanswan.bsky.social www.nytimes.com/2026/07/06/u...

Mr. Bunch described in his 2019 memoir the moment he took the new president on a tour of the African-American history museum in early 2017. Mr. Trump appeared uninterested in the history of slavery in the United States, Mr. Bunch wrote. As they passed an exhibit on the Dutch role in the slave trade, Mr. Trump's only comment was, "You know, they love me in the Netherlands."
"I was so disappointed in his response to one of the greatest crimes against humanity in history," Mr. Bunch wrote.

Roger Parloff@rparloff· Jul 7

Ruling here: storage.courtlistener.com/recap/gov.us... Cited State Dept stats here: www.rpc.state.gov/documents/Re...

Roger Parloff@rparloff· Jul 7

From 10/1/25 to 5/31/26, refugees admitted to the US were overwhelmingly white Afrikaners—likely 6,665 out of 6,668. (Other 3 were Afghans. Detail from Judge Marbley’s ruling yesterday, enjoining DHS’s “pause” in processing immigration applications from disfavored countries. ) 1/2

In accordance with President Trump's Executive Order, the overwhelming number of refugees to the United States appear to be white Afrikaners from South Africa, and the White House has touted the plight of "white farmers in South Africa." Thus, from October 1, 2025 through May 31, 2026, 6,665 of the 6,668 refugees admitted into the
United States were from South Africa.

Roger Parloff@rparloff· Jul 4

Judge Kaplan denies Trump's request for more time. His brief arguing why he shouldn't release the $5.8M to E. Jean Carroll right now remains due Tues., 7/7.

Roger Parloff@rparloff· Jul 4

Trump asks Judge Kaplan for more time before paying E Jean Carroll $5.8M, even tho cert’s been denied. Trump says his new atty needs time to get up to speed. Carroll says no. Trump’s known for 5 mos that his lede atty was leaving & has co-counsel who’s been on case since day one. ... 1/2

Roger Parloff@rparloff· Jul 2

Statement from counsel for David Hearn, the just indicted ex-Olympian, charged with felony destruction of property, in connection with something he did at the Reflecting Pool.

Roger Parloff@rparloff· Jul 2

SCOTUS has denied a stay to former Fox News reporter Catherine Herridge (and has lifted an administrative stay), leaving her under a civil contempt order to pay $800 a day until she reveals the name of a source who provided info about an FBI probe into Yanpeng Chen. Kavanaugh would've granted. 1/2

THURSDAY, JULY 2, 2026
ORDER IN PENDING CASE
HERRIDGE, CATHERINE V. CHEN, YANPING, ET AL.
The application for stay presented to The Chief Justice and
by him referred to the Court is denied. The motions for leave to file the application and reply under seal are granted. The order
heretofore entered by The Chief Justice is vacated.
Justice Kavanaugh would grant the application for stay.

Roger Parloff@rparloff· Jul 2

Praising SCOTUS for standing up to Trump on tariffs/Cook/birthright is like "praising the arsonist who shows up with a fire extinguisher: the ... blazes he ... puts out cannot be weighed in isolation from the far larger ones he set." By @stevevladeck.bsky.social www.stevevladeck.com/p/bonus-236-...

“standing up” to Trump—on tariffs, on birthright citizenship, on the mail-inballots case, on Lisa Cook—gets the OT2025 story exactly backwards. As Isuggested in the
Times
roundtable, giving the Court credit for that is like praising the arsonist who shows up with a fire extinguisher: the handful of blazes he stoops to put out cannot be weighed in isolation from the far largerones he set. And the fires the Court set this term—in
Callais
, in Texas, in
Slaughter
—were set at least largely through choices that were entirely its own.

Roger Parloff@rparloff· Jul 1

Full motion to release funds is here: storage.courtlistener.com/recap/gov.us... The 2023 stip is here: storage.courtlistener.com/recap/gov.us...

Roger Parloff@rparloff· Jul 1

In June 2023 (3 yrs ago) Trump posted $5.5M cash with court & stipulated (below) that it could be released if there was “a denial of a writ of certiorari,” Carroll atty @robbiekaplan.bsky.social says. (That happened 6/29/26.) 2/3