Sr. Legal Affairs Reporter, @POLITICO. Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺[email protected]. Signal: joshgerstein.46
Joined August 2009
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If you prefer to follow me on other platforms, going forward, most posts are also available on Threads bit.ly/40TFirx and Bluesky bit.ly/3ZcEtc8. I intend to keep posting here. Updates as conditions warrant. Thank you for your attention.
JUST IN: News consumers' suit over Trump's selective ban on White House press goes to Judge J. Paul Oetken (Obama/SDNY). Earlier: politico.com/news/2026/10/26…
Josh Gerstein retweeted
JUST IN: DOJ adds an obstruction count to its charges against former FBI officials Nicole Floris and Bradley Benavides.
s3.documentcloud.org/documen…
Josh Gerstein retweeted
This morning, I’m joining five co-plaintiffs in suing the Trump Administration in federal court, challenging its policy of expelling journalists and news organizations from the White House grounds.
As a student journalist, I rely on reporting from the White House press corps to understand the decisions made in Washington and their impacts on my campus community. A vibrant free press — able to operate without fear or censorship — allows me to do that job.
You can read more about the challenge here:
knightcolumbia.org/content/t…
Josh Gerstein retweeted
The filing here relies on 18 U.S.C. § 3282 to justify the argument that an information tolls the statute of limitations. And that makes sense--the general statute specifically references informations. The only problem is Comey is charged under 18 U.S.C. § 792 and 793, for which Congress specifically extended the SoL of five years from the general statute to ten years for espionage. But they did so only mentioning indictments, not informations. Interesting statutory interpretation arguments to come.
The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.
courtlistener.com/docket/750…
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Both CNN and Politico were barred from travel pool duty on Air Force One today. Axios is sending notes from the "secondary" pool seat. Here's the relevant note that just went out to subscribers:
Josh Gerstein retweeted
DOJ sent a letter to Washington state today describing its efforts to obtain the state's voter "roles." perma.cc/M42U-ZQJD
Josh Gerstein retweeted
An insane and deeply troubling story from @semaforben semafor.com/article/10/25/20…
Josh Gerstein retweeted
Law professor Josh Blackman called the NYT out on politically labeling conservatives more often than liberals, and editor Patrick Healy acknowledged he was right:
“It can come off like The Times treats liberals as normal and conservatives as unique and worthy of labeling.”
Josh Gerstein retweeted
Translation:
An emotional unstable leftist woman from Uruguay who Biden made a DC federal judge believes she (somehow) has the power to tell the duly-elected President (who happens to develop golf courses) how to handle tree maintenance at a rundown federal golf course.
BREAKING: Judge Reyes has issued a preliminary injunction over the golf course and begins with this:
"Rarely, if ever, has the United States Department of Justice urged a federal court not to believe the sitting President."
ecf.dcd.uscourts.gov/cgi-bin…
UPDATE: During the high-profile DC trial of Dem atty Michael Sussman in 2022, former FBI general counsel Jim Baker discussed the alleged leak at issue in the 3rd criminal case against James Comey. Baker said he thought disclosure was approved by FBI & DNI politico.com/news/2026/10/26…
One thing omitted here: A POLITICO reporter was excluded from today's hearing at request of Khan Suri's lawyers due to the "nature" of the testimony, including DHS cross-examination of Khan Suri's wife. DOJ judge allowed the selective exclusion. Earlier: politico.com/news/2025/03/19…
An immigration judge will now decide whether Badar Khan Suri can remain in the country after his trial concluded.
In the third hearing, six witnesses, including family and a colleague, attested to his character and his detainment’s personal impact.
thehoya.com/news/khan-suri-a…
NEW: 9th Cir. rebuffs Trump admin in fight over segregating mail-in ballots from 20K suspected foreigners on CA voter rolls. Unclear if TRO hearing before Judge Carter will proceed tom'w. 7PM PT deadline for en banc petition. w/@kyledcheney @lindseymholden politico.com/news/2026/10/26…
BREAKING: 9th Cir. panel, 2-1, denies Trump demand for immediate order to segregate mail-in ballots from 20K suspected foreigners on CA rolls. Majority: Bennett (Trump), Sanchez (Biden). Dissent: Bumatay (Trump). Doc: storage.courtlistener.com/re… Earlier: politico.com/news/2026/10/25…
FLASH: Justice Department charges former FBI Director James Comey for 3rd time, alleges he caused leak of classified information to NYT about email surveillance practices in 2016. He denies. Fight underway over statute of limitations. w/@kyledcheney politico.com/news/2026/10/26…
JUST IN: Justice Sotomayor rejects emergency appeal from 5th Cir. by Louisiana over federal courts' role in fights about drilling in Rockefeller wildlife refuge. Why Sotomayor and not Alito ? I suspect Alito recused as he does in many energy cases. Dkt: supremecourt.gov/search.aspx…
Big setback for Trump DOJ's claims to be able to fire civil service employees based on presidential say-so
Huge win here for Maurene Comey, with a federal judge ruling she was illegally fired by the Trump administration from her job as a prosecutor at SDNY: storage.courtlistener.com/re…
JUST IN: 6 news consumers, backed by @knightcolumbia & @MFIAclinic, sue Trump over his "ban" on news outlets, including @politico. Filed in SDNY by @KenRoth, Ben Wittes, @froomkin, suit argues Trump is burdening their ability to get quality WH reporting politico.com/news/2026/10/26…
Josh Gerstein retweeted
Justice Department faces skeptical appeals court panel in California ballot fight politi.co/4exuIwt
