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Minimum Competence

Minimum Competence

Auteur(s): Andrew and Gina Leahey
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 Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey Politique Sciences politiques
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  • Legal News for Fri 12/19 - Trump Takes Aim at Green Card Lottery, ICE Blocking Judge Convicted, Epstein File Drama and No Tax on Car Loans is Bogus

    Legal News for Fri 12/19 - Trump Takes Aim at Green Card Lottery, ICE Blocking Judge Convicted, Epstein File Drama and No Tax on Car Loans is Bogus
    Dec 19 2025
    This Day in Legal History: Entrapment as DefenseOn December 19, 1932, the U.S. Supreme Court decided Sorrells v. United States, a case that reshaped how American courts evaluate government conduct in criminal investigations. The case involved a Prohibition-era prosecution in which a federal agent repeatedly pressured the defendant to obtain illegal liquor. The Court held that criminal convictions should not stand when the government induces a crime that the defendant was not otherwise predisposed to commit. This decision formally recognized entrapment as a valid defense under federal law.Rather than focusing only on the defendant’s actions, the Court emphasized the importance of limiting improper law enforcement tactics. The majority opinion reasoned that Congress could not have intended criminal statutes to be enforced through deception that manufactures crime. As a result, courts were instructed to examine whether the criminal intent originated with the government or the accused. The ruling reflected growing concern about aggressive policing methods during Prohibition. Over time, Sorrells became a foundational case cited whenever defendants challenge undercover operations. The decision also highlighted the judiciary’s role in supervising executive conduct in criminal prosecutions.The Trump administration has suspended the Diversity Immigrant Visa Program—commonly known as the green card lottery—following two high-profile campus attacks. Homeland Security Secretary Kristi Noem announced the move, stating that the suspect in the fatal shootings of a Brown University student and an MIT professor had entered the U.S. through the program. The shooter, Claudio Manuel Neves Valente, a 48-year-old Portuguese national and former Brown student, was found dead in an apparent suicide. Noem said the pause is necessary to prevent further harm from what she called a “disastrous program.”The lottery program, which grants up to 50,000 green cards annually, has long been a target of Trump’s immigration agenda, which links violent incidents to immigration policy failures. This suspension follows earlier actions by the administration, including visa restrictions after a separate shooting by an Afghan national and a proposal to impose a $100,000 application fee for H-1B work visas, which are heavily used in the tech industry.Trump’s broader immigration crackdown also includes enhanced social media vetting for tourists, expanded ICE operations in major cities, and the development of large-scale immigration detention centers known as “mega centers.” These moves align with Trump’s campaign promises to tighten border controls and execute large-scale deportations.Trump Suspends US Green Card Lottery After Brown, MIT AttacksTrump administration officials are scrambling to meet a Friday deadline to release a large cache of documents related to the Justice Department’s investigations into Jeffrey Epstein. The release was mandated by a recently passed law, supported by both parties in Congress, following months of political pressure and public frustration over the administration’s resistance to transparency. Though President Trump initially opposed the legislation, he reversed course shortly before the vote amid growing dissent from his own supporters.The new law permits the Justice Department to withhold certain details, including victims’ identities and information tied to ongoing investigations. Attorneys in the department’s National Security Division have been racing to redact sensitive data, raising internal concerns about the risk of mistakes, especially regarding private information. The tight timeline has disrupted other DOJ casework since Thanksgiving.Trump’s handling of the Epstein matter has dented his support among Republicans, with only 44% approving of his actions, according to a recent Reuters/Ipsos poll. This contrasts sharply with his broader 82% approval within the party. Critics argue that Trump’s past friendship with Epstein and his failure to follow through on a 2024 campaign promise to declassify the records have fueled suspicions of a cover-up. While Trump has denied knowledge of Epstein’s crimes and has not been accused of wrongdoing, past email disclosures have added to the controversy.As more emails emerge—some implying Trump’s involvement, others suggesting no direct misconduct—the administration has tried to redirect attention toward figures like Bill Clinton and JPMorgan. But with midterms approaching, the Epstein file release may remain a political liability.Trump administration officials race to meet Friday deadline for Epstein files | ReutersWisconsin Judge Hannah Dugan was found guilty of obstructing a federal proceeding for aiding a migrant in avoiding an immigration arrest at the courthouse, marking a significant legal win for the Trump administration’s intensified immigration enforcement efforts. The jury acquitted Dugan on a lesser charge of ...
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    11 min
  • Legal News for Thurs 12/18 - Courts Block Trump CFPB Firings, Doctors Sue RFK Jr. HHS Over Vaccines, DC Guard Deployment Remains and Trump Ballroom Moves Forward

    Legal News for Thurs 12/18 - Courts Block Trump CFPB Firings, Doctors Sue RFK Jr. HHS Over Vaccines, DC Guard Deployment Remains and Trump Ballroom Moves Forward
    Dec 18 2025
    This Day in Legal History: Trump ImpeachedOn December 18, 2019, the U.S. House of Representatives voted to impeach President Donald J. Trump, marking the third presidential impeachment in American history. The impeachment followed a months-long investigation centered on Trump’s dealings with Ukraine. House Democrats alleged that the president abused the powers of his office by pressuring a foreign government to investigate a political rival. A second article charged Trump with obstruction of Congress for directing executive branch officials not to comply with House subpoenas. The votes largely split along party lines, reflecting deep political polarization.Impeachment itself did not remove Trump from office, but instead formally accused him of constitutional wrongdoing. Under the Constitution, the House holds the sole power of impeachment, functioning similarly to a grand jury. Once impeached, the process shifted to the Senate, which is responsible for conducting a trial. Chief Justice John Roberts later presided over the Senate proceedings, as required when a president is tried. The Senate ultimately acquitted Trump in February 2020, falling short of the two-thirds vote needed for conviction. Despite the acquittal, the impeachment reinforced Congress’s oversight authority over the executive branch. The episode also highlighted ongoing debates about the limits of presidential power and the role of impeachment as a constitutional check.A federal appeals court in Washington reversed an earlier ruling that would have allowed the Trump administration to move forward with mass firings at the Consumer Financial Protection Bureau (CFPB). Sitting as a full bench, the court blocked plans to cut as much as 90% of the agency’s workforce and agreed to rehear the administration’s appeal of a lower court order that had paused efforts to dismantle the bureau. As a result, the administration remains temporarily barred from gutting the agency while litigation continues. The legal fight has stretched on for months, during which the CFPB has been largely sidelined. Congress originally created the CFPB after the 2008 financial crisis to protect consumers from unfair, deceptive, and abusive practices by banks, lenders, and other financial companies. Its mission includes enforcing federal consumer financial laws and preventing the kinds of predatory conduct that helped trigger the financial collapse. Supporters of the agency, including Senator Elizabeth Warren, praised the ruling as necessary to shield families from financial harm.Critics within the Trump administration have argued the CFPB is politically motivated (as protecting consumers from predatory financial practices is political, apparently) and should be eliminated, though they have also claimed in court that some version of the agency would remain. Complicating matters further, the CFPB faces a funding dispute over whether it can draw money from the Federal Reserve, raising concerns that it could run out of operating funds.US appeals court tosses decision allowing Trump mass firings at consumer bureau | ReutersFull DC Circuit Will Review Trump’s Bid to Dismantle CFPB (2)A group of leading medical organizations asked a federal judge to allow their lawsuit challenging vaccine policy changes under Health Secretary Robert F. Kennedy Jr. to move forward. The groups argue that recent actions by Kennedy and the Department of Health and Human Services will reduce vaccination rates and endanger public health. They point to a directive removing COVID-19 vaccine recommendations for pregnant women and children without advance notice or explanation. The lawsuit also challenges Kennedy’s decision to dismiss 17 experts from a CDC advisory panel and replace them with members more aligned with his views. That reconstituted panel later voted to scale back broad vaccine recommendations, including limiting COVID-19 shots to shared decision-making with doctors and eliminating universal recommendations for certain childhood vaccines.The plaintiffs claim the panel was unlawfully reshaped in violation of federal law requiring advisory committees to be balanced and free from improper influence. Government lawyers argue the medical groups lack standing because the CDC’s guidance merely advises consultation with doctors and does not directly harm them. The plaintiffs counter that they have been injured by having to divert resources to help doctors navigate confusing and abrupt policy shifts. The judge indicated skepticism toward the government’s standing argument, particularly in light of statements suggesting doctors could face liability for deviating from CDC guidance. A ruling on whether the case can proceed is expected before a scheduled January hearing.US medical groups urge judge to allow challenge to Kennedy-backed vaccine policies to proceed | ReutersA federal appeals court allowed President Donald Trump’s deployment of National Guard troops in Washington, D.C., to...
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    7 min
  • Legal News for Weds 12/17 - A Judge Revisits Trump's Deportation Policy, Judge Thapar's Xenophobia as "Constitutional Theory," and a $500m Avatar Suit

    Legal News for Weds 12/17 - A Judge Revisits Trump's Deportation Policy, Judge Thapar's Xenophobia as "Constitutional Theory," and a $500m Avatar Suit
    Dec 17 2025
    This Day in Legal History: Project Blue Book EndsOn this day in legal history, December 17, 1969, the U.S. Air Force officially terminated Project Blue Book, its two-decade-long investigation into unidentified flying objects (UFOs). Launched in 1952 during a peak in UFO sightings and Cold War anxiety, Project Blue Book reviewed over 12,000 reports of aerial phenomena. The Air Force concluded that most sightings could be explained by natural phenomena, aircraft, or hoaxes, and found no evidence of extraterrestrial activity or threats to national security. With its closure, the government effectively stepped back from public-facing UFO investigations, although some believe military interest continued behind closed doors.Legally, the end of Project Blue Book catalyzed decades of litigation and Freedom of Information Act (FOIA) requests, as citizens, journalists, and researchers sought access to government-held UFO data. The skeptical legal view has often emphasized that classified information typically relates to military technology or surveillance programs, not alien spacecraft. Despite popular culture’s fixation on extraterrestrials, courts have routinely deferred to executive branch claims of national security in resisting full transparency.While the project’s conclusion did not trigger direct legislation, it helped shape a legal culture around government secrecy, classification standards, and the public’s right to know. It also fueled persistent legal tension between conspiratorial narratives and evidentiary standards. As UFOs—now reframed as “unidentified anomalous phenomena” (UAPs)—have resurfaced in congressional hearings in recent years, Blue Book remains a touchstone for the limits of disclosure and the enduring gap between public curiosity and provable claims.Skepticism remains warranted: decades later, no clear evidence has emerged to support the claim of extraterrestrial contact—despite tens of thousands of pages released and re-litigated under FOIA.U.S. District Judge Brian Murphy in Boston expressed openness to again striking down a Trump policy that allows for the rapid deportation of migrants to third countries without meaningful notice or an opportunity to raise fears of persecution or torture. The case challenges Department of Homeland Security (DHS) policies that permit deportation to countries other than a migrant’s country of origin, often with as little as six hours’ notice. Judge Murphy had previously issued an injunction in April to halt such deportations, arguing they violated due process, but the Supreme Court paused that order in June via its “shadow docket” without providing detailed reasoning.Despite acknowledging the likely involvement of the Supreme Court again, Murphy indicated that he may still rule on the merits of the case, though any decision would likely be temporarily stayed. The lawsuit, a class action, targets a DHS memo from March and guidance from July that permits deportations based on “credible” diplomatic assurances. Plaintiffs argue these policies fall short of constitutional protections, while the Justice Department insists migrants already have opportunities to raise objections during proceedings. The judge criticized the lack of clarity from the Supreme Court’s earlier intervention and emphasized the importance of due process in removal proceedings.US judge open to again striking down Trump policy on third-country deportations | ReutersA Trump-appointed federal appeals court judge has argued that constitutional rights do not extend to immigrants who entered the United States unlawfully, a position he laid out in a partial dissent in a Second Amendment case. Sixth Circuit Judge Amul Thapar agreed with upholding a federal ban on firearm possession by undocumented immigrants but rejected the majority’s reasoning. Instead, he argued the case should have been resolved by declaring that only U.S. citizens are included in “the people” protected by the Constitution. Thapar relied heavily on the Constitution’s preamble and an originalist reading of history, asserting that the Founders never intended constitutional protections to apply to non-citizens, especially those unlawfully present.The majority opinion rejected that framing, pointing to Supreme Court precedent recognizing that non-citizens who develop substantial connections to the country may invoke constitutional rights. Thapar went further, suggesting that even the First and Fourth Amendments were not originally meant to protect non-citizens. The case arose from a challenge by a Guatemalan national convicted of unlawfully possessing firearms, but Thapar’s reasoning reached far beyond gun regulation. His dissent echoes arguments long advanced by the Trump administration and aligns with his status as a former Trump Supreme Court shortlist candidate.From my perspective, this is a racist, xenophobic, and profoundly ahistorical take that threatens to usher in a shameful new...
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    7 min
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