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Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel

Brett J. Talley, President Trump’s nominee to be a federal judge in Alabama, has never tried a case, was unanimously rated “not qualified” by the American Bar Assn.’s judicial rating committee, has practiced law for only three years and, as a blogger last year, displayed a degree of partisanship unusual for a judicial nominee, denouncing “Hillary Rotten Clinton” and pledging support for the National Rifle Assn.

On Thursday, the Senate Judiciary Committee, on a party-line vote, approved him for a lifetime appointment to the federal bench.

Talley, 36, is part of what Trump has called the “untold story” of his success in filling the courts with young conservatives.

UPDATE: Brett J. Talley withdraws nomination »

“The judge story is an untold story. Nobody wants to talk about it,” Trump said last month, standing alongside Senate Majority Leader Mitch McConnell (R-Ky.) in the White House Rose Garden. “But when you think of it, Mitch and I were saying, that has consequences 40 years out, depending on the age of the judge — but 40 years out.”

Civil rights groups and liberal advocates see the matter differently. They denounced Thursday’s vote, calling it “laughable” that none of the committee Republicans objected to confirming a lawyer with as little experience as Talley to preside over federal trials.

“He’s practiced law for less than three years and never argued a motion, let alone brought a case. This is the least amount of experience I’ve seen in a judicial nominee,” said Kristine Lucius, executive vice president of the Leadership Conference on Civil and Human Rights.

The group was one of several on the left that urged the Judiciary Committee to reject Talley because of his lack of qualifications and because of doubts over whether he had the “temperament and ability to approach cases with the fairness and open-mindedness necessary to serve as a federal judge.”

Some conservatives discount the ABA’s rating. “The ABA is a liberal interest group. They have a long history of giving lower ratings to Republican nominees,” said Carrie Severino, counsel for the Judicial Crisis Network, which supports Trump’s nominees. She said past liberal nominees have been rated as qualified even if they had little or no courtroom experience.

Talley does have some other qualifications, some traditional, others less so. He grew up in Alabama and earned degrees from the University of Alabama and Harvard Law School. He clerked for two federal judges and worked as a speech writer on the presidential campaign of Mitt Romney. And, like many people who eventually became federal judges, he became the protege of someone who became a senator.

In Talley’s case, the mentor was Republican Sen. Luther Strange, the former Alabama state attorney general who was appointed to the Senate in February to replace Jeff Sessions, who left the Senate to become U.S. attorney general. Talley worked for Strange as a deputy.

Typically, senators play the lead role in recommending nominees for the federal district judgeships in their state. Talley also had something of an inside track. This year, when Sessions moved to the attorney general’s post, Talley took a job in the Justice Department’s office that selects judicial nominees.

Trump and McConnell have succeeded in pushing judicial nominees through the Senate because the Republicans have voted in lockstep since taking control of the chamber in 2014.

When Trump took office in January, there were more than 100 vacant seats on the federal courts, thanks to an unprecedented slowdown engineered by McConnell during the final two years of President Obama’s term. The Senate under GOP control approved only 22 judges in that two-year period, the lowest total since 1951-52 in the last year of President Truman’s term. By contrast, the Senate under Democratic control approved 68 judges in the last two years of George W. Bush’s presidency.

The best-known vacancy was on the Supreme Court. After Justice Antonin Scalia died in February 2016, McConnell refused to permit a hearing for Judge Merrick Garland, Obama’s nominee. Trump filled the seat this year with Justice Neil M. Gorsuch.

The Alliance for Justice, which tracks judicial nominees, said Trump’s team is off to a fast start, particularly when compared with Obama’s first year. By November 2009, Obama had made 27 judicial nominations, including Justice Sonia Sotomayor. Trump has nominated 59 people to the federal courts, including Justice Gorsuch. That’s also a contrast with Trump’s pace in filling executive branch jobs, where he has lagged far behind the pace of previous administrations.

Liberal advocates are dismayed that Republicans have voted in unison on Trump’s judges.

“So far, no one from his party has been willing to stand up against him on the agenda of packing the courts,” said Marge Baker, executive vice president of People for the American Way.

Last month, when the Judiciary Committee held a hearing on several other nominations, Sen. Dianne Feinstein (D-Calif.) asked Talley about his fervent advocacy of gun rights. In a blog post titled “A Call to Arms,” he wrote that “the President and his democratic allies in Congress are about to launch the greatest attack on our constitutional freedoms in our lifetime,” referring to Obama’s proposal for background checks and limits on rapid-fire weapons following the 2012 shootings at Sandy Hook Elementary School in Newtown, Conn.

“The object of that war is to make guns illegal, in all forms,” Talley wrote. The NRA “stands for all of us now, and I pray that in the coming battle for our rights, they will be victorious,” he added.

A month later, he reprinted a “thoughtful response” from a reader who wrote: “We will have to resort to arms when our other rights — of speech, press, assembly, representative government — fail to yield the desired results.” To that, he wrote: “I agree completely with this.”

When pressed, he told the senators he was “trying to generate discussion. I wanted people to be able to use my blog to discuss issues, to come together and find common ground.”

In a follow-up written question, Feinstein asked him how many times he had appeared in a federal district court.

“To my recollection, during my time as Alabama’s deputy solicitor general, I participated as part of the legal team in one hearing in federal district court in the Middle District of Alabama,” he replied.

On Thursday, the Judiciary Committee approved White House lawyer Greg Katsas on a 11-9 vote to serve on the U.S. Court of Appeals for the District of Columbia, then approved Talley on another 11-9 vote. The nominations now move to the Senate floor, where a similar party-line result is expected.

Major questions before the Supreme Court this fall »

[email protected]

Twitter: DavidGSavage


UPDATES:

9:50 a.m.: This article was updated with comments from the Judicial Crisis Network.

This article was originally published at 8:10 a.m.



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Kilmar Abrego Garcia is transferred to Pennsylvania detention facility

Kilmar Abrego Garcia, who was wrongfully deported from the United States to his native El Salvador and whose case became an intensely watched focus of President Trump’s immigration crackdown, has been moved from a Virginia detention center to a facility in Pennsylvania.

Court records show Immigration and Customs Enforcement notified Abrego Garcia’s lawyers Friday that he was transferred to the Moshannon Valley Processing Center in Philipsburg. It said the location would make it easier for the attorneys to access him.

But his attorneys raised concerns about conditions at Moshannon, saying there have been recent reports of “assaults, inadequate medical care, and insufficient food,” according to a federal court filing.

The Trump administration has claimed that Abrego Garcia was a member of the MS-13 gang, an allegation that he denies and for which he was not charged.

The administration returned Abrego Garcia to the U.S. in June, but only to face human smuggling charges. His lawyers have called the case preposterous and vindictive.

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Metro Boomin reacts to verdict in rape lawsuit: ‘Grateful’

A federal jury on Thursday found hip-hop producer Metro Boomin not liable in his civil sexual assault case, after nearly a year of litigation. He is feeling more than relieved.

“I’m grateful and thankful to God that I can finally put all of this nonsense behind me,” the Grammy-nominated “Like That” musician said in a statement shared on Instagram after the verdict.

The jury sided with the 32-year-old artist, whose real name is Leland Tyler Wayne, after a brief trial that began Tuesday. He was cleared in all four actionable claims brought by Vanessa LeMaistre, who first raised her allegations in a lawsuit filed in Los Angeles in October 2024.

LeMaistre said in her initial lawsuit that she and Wayne struck up a connection in spring of 2016 amid their mutual grief: The musician had broken up with a longtime girlfriend and LeMaistre had lost a 9-month-old son “as a result of a rare and fatal disease,” according to court documents. LeMaistre alleged the assault occurred that September after he invited her to a recording studio to watch him work.

LeMaistre described the alleged incident as the “second worst thing that ever happened to her,” other than the death of her child. She also accused Wayne of impregnating her through rape and said she underwent an abortion.

The producer’s legal team quickly denied the allegations last October and dismissed the complaint as a “pure shakedown.” Attorney Lawrence C. Hinkle II echoed those sentiments Thursday in a statement shared after the verdict.

“We are extremely grateful for the jury’s careful consideration of the evidence and for reaching the correct decision,” Hinkle said. “The allegations against Mr. Wayne were frivolous and unequivocally false. Mr. Wayne has endured serious and damaging accusations, and today’s verdict confirms what he has always said — the plaintiff’s claims against him are completely fabricated.”

After Thursday’s verdict, LeMaistre attorney Michael J. Willemin said that although “the legal system is often stacked against survivors, our client showed unwavering fortitude throughout this trial.”

Willemin added: “We are disappointed in the outcome but are proud to represent Ms. LeMaistre and believe that the verdict will ultimately be overturned on appeal.”

Though the case — which was moved from L.A. County Superior Court to California Central District Court in December — ended in victory for Metro Boomin, he said in his statement it also resulted in a “a long list of losses.” He lamented the money and time “wasted” in the litigation process and said there had been an “incalculable amount of money and opportunities that did not make it to me or my team during this time.”

The Missouri-born artist also spoke about the case’s toll on his personal life, writing that “the trauma my family and I have endured during this dark period can never be forgiven.” He detailed adopting his youngest siblings and expressed concern over their possible online exposure to the case.

“I’m disappointed in not only the plaintiff but the janky lawyers who made the made the conscious decision to take on this suit, even though it was evident long ago that these claims had no legs or merit and would not end up going anywhere,” he said, later expressing gratitude for his own legal team.

Metro Boomin rose to prominence in the mid-2010s, working with rap stars including Young Thug, Future and Nicki Minaj. Over the years, he has also racked up collaborations with Drake, Kanye “Ye” West, Kendrick Lamar, SZA and Lil Wayne. Most recently, he reunited with Young Thug as a producer for Thug’s new album, “UY Scuti,” the rapper’s first since his release from Georgia’s Fulton County Jail last October.

With the case behind him for now, Metro Boomin concluded his statement by sending “peace and love to the actual victims out there as well as the innocent and accused.”



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Legal experts say Trump’s indictment of Comey is a test of justice

On a Phoenix tarmac in 2016, former President Clinton and U.S. Atty. Gen. Loretta Lynch had a serendipitous meeting on a private jet. The exchange caused a political firestorm. At a time when the Justice Department was investigating Hillary Clinton, the Democratic nominee for president, the appearance of impropriety prompted a national scandal.

“Lynch made law enforcement decisions for political purposes,” Donald Trump, her Republican rival that year, would later write of the meeting on Twitter. “Totally illegal!”

It was the beginning of a pattern from Trump claiming political interference by Democrats and career public servants in Justice Department matters, regardless of the evidence.

Now, Trump’s years-long claim that it was his opponents who politicized the justice system has become the basis for the most aggressive spree of political prosecutions in modern American history.

“What Trump is doing now with the U.S. attorneys is really in complete opposition to how the people who created those offices imagined what those officials would do — the Founders simply did not envision the office in this way,” said Peter Kastor, chair of the history department at Washington University in St. Louis.

“From the inception of the Justice Department,” he added, “one of the most remarkable things is how it was never used in this way.”

On Thursday, at Trump’s express direction, federal charges were filed against James Comey, the former FBI director, alleging he gave false testimony before Congress and attempted to obstruct a congressional proceeding five years ago.

The indictment was secured from a federal grand jury after Trump fired a U.S. attorney with doubts about the strength of the case — replacing him with a loyalist, and telling Atty. Gen. Pam Bondi openly on social media to pursue charges against him and others.

“JAMES COMEY IS A DIRTY COP,” Trump wrote on social media after the charges were filed. “MAKE AMERICA GREAT AGAIN!”

Comey, who was fired by Trump in 2017, denies the charges.

“My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,” Comey said in a statement posted online. “We will not live on our knees, and you shouldn’t either.

“My heart is broken for the Department of Justice. But I have great confidence in the federal judicial system,” Comey continued. “And I’m innocent. So let’s have a trial and keep the faith.”

Behind the charges against Comey, legal experts see a weak case wielded as a cudgel in a political persecution of Trump’s perceived enemy. Comey is accused of lying about authorizing a leak to the media about an FBI investigation through an anonymous source.

It is only the latest example. Over the summer, Trump’s director of the Federal Housing Finance Agency, Bill Pulte, used his position to accuse three of the president’s political foes of mortgage fraud, referring the cases to the Justice Department for potential charges — actions actively encouraged by Trump online.

“It’s not a list,” Trump said Thursday, asked whether more prosecutions are coming. “I think there will be others. They’re corrupt. These were corrupt radical left Democrats. Comey essentially was Dem — he’s worse than a Democrat.”

The president’s overt use of the Justice Department as a partisan tool threatens a new era of political persecutions that could well backfire on his own allies. The Supreme Court has made clear that presidents enjoy broad immunity for their actions while in office. But their aides do not. Bondi, Pulte and others, just like Comey, are obligated to provide occasional testimony to House and Senate committees under oath.

“The Comey indictment is notable for its personalized politicization being so open,” said Andrew Rudalevige, a professor of government at Bowdoin College. “The same actions carried out clandestinely would seem scandalous, because they are — and the fact they were so blatantly advertised does not make them less corrupt.”

But the Comey case can also be seen as a test of the viability of a prosecution based purely on politics. Already, lawyers for Trump’s other legal targets have said they plan on using his overt threats against them to get cases against their clients thrown out in court.

This week, Karoline Leavitt, the White House press secretary, defended Trump’s vocal advocacy for criminal charges against political foes as a matter of “accountability.”

“We are not going to tolerate gaslighting from anyone in the media, from anyone on the other side who is trying to say that it’s the president who is weaponizing the DOJ,” Leavitt said.

“You look at people like [California Sen.] Adam Schiff, and like James Comey, and like [New York Atty. Gen.] Letitia James, who the president is rightfully frustrated with,” she continued. “He wants accountability for these corrupt fraudsters who abused their power, who abused their oath of office to target the former president.”

But Trump’s accusations against Democrats have routinely failed the tests of inspectors general, journalistic inquiry and public scrutiny.

When Trump was investigated over potential coordination between his campaign and the Russian government in the 2016 race, he claimed a liberal, “deep state” cabal was behind an inquiry based on, as the special prosecutor’s report concluded, “numerous links between the Russian government and the Trump campaign.”

And when charged with federal crimes over his handling of highly classified material, and his effort to overturn the results of the 2020 presidential election, he dismissed the charges as a witch hunt choreographed by President Biden and his attorney general, a claim that had no basis in fact.

The special counsel investigations against Trump, Kastor said, were “prosecutions, not persecutions.”

“His claims that the investigations surrounding him are specious — the investigations were appropriate,” Kastor added. “These investigations are not.”

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National Parks stewards warn of trash and damage as shutdown looms

Across the nation’s beloved national parks this summer, skeleton crews — whittled down by the Trump administration’s reduction of the federal workforce — have struggled to keep trash from piling up, latrines from spilling over and injured hikers from perishing in the backcountry.

They’ve mostly succeeded, but it has been a struggle.

Now, as bickering politicians in Washington, D.C., threaten to shut the government down and furlough federal employees as soon as next week if a budget deal isn’t reached, 40 former stewards of the nation’s most remote and romantic landscapes have sent an “urgent appeal” to the White House.

If the government shuts down, close the national parks to prevent a free-for-all inside the gates.

Pointing to the strain the parks are already enduring since the new administration fired or bought out roughly 24% of the workforce, the retired superintendents — including those from Yosemite, Joshua Tree, and Sequoia and Kings Canyon — warned of chaos.

If the parks stay open with no employees to manage them, “these nascent issues from the summer season are sure to erupt,” the former superintendents wrote to Doug Burgum, secretary of the Department of the Interior, on Thursday. “Leaving parks even partially open to the public during a shutdown with minimal — or no — park staffing is reckless and puts both visitors and park resources at risk.”

Unlike many federal agencies such as the Centers for Disease Control and the National Institutes of Health, whose once obscure and mundane day-to-day operations have become flash points in the nation’s toxic and polarizing culture war, the national parks remain a beloved refuge: a place where Americans of all stripes can unplug, exhale and escape.

In 2024 the parks set an attendance record with over 331 million visitors; that’s nearly two and a half times the number of people (136 million) who attended professional football, baseball, basketball and hockey games combined.

It’s not hard to understand the appeal. Exhausted by the bickering on cable news and social media feeds? Go climb Half Dome in Yosemite, or stroll among the giant trees in Sequoia, or camp beneath the stars in Joshua Tree.

But if the parks stay open with nobody around to maintain them, that cleansing experience will turn nasty the moment a bathroom door opens, according to the retired superintendents.

In previous shutdowns stemming from budget disputes or the COVID-19 pandemic, facilities inside the parks deteriorated at an alarming rate.

Unauthorized visitors left human feces in rivers, painted graffiti on once pristine cliffs, harassed wild animals and left the toilets looking like “crime scenes,” according to a ranger who asked not to be identified for fear of retribution.

“It’s just scary how bad things can get when places are abandoned with nobody watching,” she said.

In an interview Thursday, Senate Majority Leader John Thune said a government shutdown was still “avoidable” despite sharp divisions ahead of Wednesday’s deadline to pass a funding bill.

“I’m a big believer that there’s always a way out,” the South Dakota Republican said. “And I think there are off-ramps here, but I don’t think that the negotiating position, at least at the moment, that the Democrats are trying to exert here is going to get you there.”

Thune said Democrats are going to have to “dial back” their demands, which include immediately extending health insurance subsidies and reversing the healthcare policies in the massive tax bill that Republicans passed over the summer. Absent that, Thune said, “we’re probably plunging forward toward the shutdown.”

After a shutdown in late 2018 and early 2019, park rangers in Death Valley returned to find mounds of feces and what they jokingly called “toilet paper flowers” scattered across the desert floor.

At Joshua Tree, officials found about 24 miles of unauthorized new trails carved across the desert by off-road vehicles, along with some of the park’s namesake trees toppled.

In the absence of park staff, local climbers volunteered to keep the bathrooms clean and stocked with toilet paper, and gently tried to persuade rowdy visitors to put out illegal fires and pick up their trash.

Some complied right away, climber Rand Abbott told The Times in 2019, but “70% of the people I’m running into are extremely rude,” he said. “I had my life threatened two times. It’s crazy in there right now.”

People weren’t the only unruly guests moving in and making themselves at home.

At Point Reyes National Seashore, along the Marin County coast, officials had to close the road to popular Drakes Beach during the shutdown. The absence of humans created an ideal opportunity for about 100 elephant seals to set up a colony, taking over the beach, a parking lot and a visitor center.

The seals didn’t just poop everywhere, they threw a full-scale bacchanal. As far as the eye could see, enormous, blubbery beasts — males can reach 16 feet long and weigh up to 7,000 pounds — were rolling in the sand and mating in broad daylight.

Females, which can weigh up to a ton themselves, wound up giving birth to something like 40 new pups. When the park reopened, flustered officials had little recourse but to open a public viewing area at a safe distance and send employees — primly referred to as “docents” — to explain what was happening on the once serene seashore.

The Associated Press contributed to this report.

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Another day, another life saved by high school athletic trainer

For those high schools in California that still don’t have an athletic trainer, what happened last week at San Clemente High was another reason why they are so valuable for the safety reasons. And also proven was the requirement that coaches be certified in CPR every two years.

As a soccer class was ending last Thursday, an assistant coach fell to the ground. Head coach Chris Murray thought he tripped. Then he looked into his eyes, which appeared dilated, and saw that his face was purple. While a football coach nearby was calling 911, Murray began chest compressions.

Athletic trainer Amber Anaya received a text in her office that said, “Emergency.” She got into her golf cart that contained her automated external defibrilator (AED) machine and raced to the field within two minutes. She determined the coach was in cardiac arrest.

While Anaya hooked up her AED machine to the coach, Murray continued chest compressions. The AED machine evaluated the patient and recommended one shock. This went on for some seven minutes until paramedics arrived. Another shock was given after the paramedics took over.

The coach was transported to a hospital and survived. He would receive a pacemaker. It was a happy ending thanks to people who knew what to do in case of an emergency.

Last school year, the Culver City athletic trainer helped save a track athlete who went into cardiac arrest.

Murray said what he did was based on instincts and adrenaline. As soon as the ambulance left, he said he collapsed to his knee exhausted.

“His ribs are sore but not broken,” Murray said, “so I guess I did good.”

All the preparation in case of an emergency was put to good use by the coach trained in CPR and the athletic trainer who knew how to use an AED machine.

This is a daily look at the positive happenings in high school sports. To submit any news, please email [email protected].

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