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.
Josh Gerstein retweeted
President Trump's planned 250-foot-tall arch would cast shadows on many graves and monuments in nearby Arlington National Cemetery, the @washingtonpost's 3-D analysis found.
On some days, Trump's arch would even shade the grave and eternal flame of JFK.
NEWS: Supreme Court denies emergency application from Dem cities seeking to disrupt Texas-DOJ deal ending a longstanding immigration practice through friendly litigation @CourthouseNews
Josh Gerstein retweeted
A 28-Year-Old DOGE Operative Gutted USAID. HR Had No Record of Him Working There
wired.com/story/a-28-year-ol…
Despite the agency's human resources department saying he hadn’t even been onboarded, Jeremy Lewin oversaw the destruction of USAID. It’s not clear he had the legal authority to do so.
Josh Gerstein retweeted
Just so there’s no confusion, today’s order is stayed and has no immediate effect. I remain First Assistant U.S. Attorney and continue running the office. The Supreme Court will ultimately decide this matter.
Josh Gerstein retweeted
JUST IN: DOJ seems to suggest that no charging decision has been made in its "complex" investigation of Rep. Ilhan Omar, urging Judge Boasberg to keep the search warrant under seal until it is "fully executed." s3.documentcloud.org/documen…
Probe that led to charges against 2 former top FBI officials was ordered by FBI Director Kash Patel hours after Trump gave a speech denouncing Intel officials for favoring Biden, according to FBI agent, who said he feared case would be seen as political
politico.com/news/2026/10/27…
Josh Gerstein retweeted
Govt appeals Judge Reyes's preliminary injunction in the East Potomac golf course case. (The "I-am-not-the-Lorax-case.")
storage.courtlistener.com/re…
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…
Josh Gerstein retweeted
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…
