Category Archives: Court

Judge blocks Trump administration attacks on California universities

U.S. District Court Judge Rita Lin issued a preliminary injunction on Friday prohibiting the Trump Administration and its agencies from cutting or blocking current or future funding or grants to the University of California system or its faculty and staff “with the goal of bringing universities to their knees and forcing them to change their ideological tune.”

“Plaintiffs have submitted overwhelming evidence” in support of their claims that Trump’s actions have violated rights guaranteed by the First and Tenth Amendments, and failed to follow legally required administrative procedures in the process, Judge Lin wrote in her order.

“Defendants do not deny any of this,” she found.

“The undisputed record demonstrates that Defendants have engaged in coercive and retaliatory conduct in violation of the First Amendment and Tenth Amendment,” Judge Lin wrote. “It also shows that they have flouted the requirements of Title VI and IX and cancelled funding in an arbitrary and capricious manner while ignoring required procedural safeguards.”

Here, I’m including the full text of the introductory section of her order granting a motion for a preliminary injunction.

INTRODUCTION
Plaintiffs have submitted overwhelming evidence. Across 74 declarations and more than 700 pages of supporting documents, Plaintiffs show that the Administration and its executive agencies are engaged in a concerted campaign to purge “woke,” “left,” and “socialist” viewpoints from our country’s leading universities. Agency officials, as well as the President and Vice President, have repeatedly and publicly announced a playbook of initiating civil rights investigations of preeminent universities to justify cutting off federal funding, with the goal of bringing universities to their knees and forcing them to change their ideological tune. Universities are then presented with agreements to restore federal funding under which they must change what they teach, restrict student anonymity in protests, and endorse the Administration’s view of gender, among other things. Defendants submit nothing to refute this.

It is undisputed that this precise playbook is now being executed at the University of California. Defendant Leo Terrell, who heads the Administration’s Task Force to Combat Anti-Semitism, publicly stated in a news interview that the UC had been “hijacked by the left” and vowed to begin investigations. The Department of Justice and Department of Education have
opened a series of civil rights investigations into the UC. On July 29, 2025, in one of those investigations, DOJ issued a Notice of Findings to UCLA concerning its handling of antisemitism during 2024 student protests. Defendants did not engage in the required notice and hearing processes under Title VI for cutting off funds for alleged discrimination, nor did they
mention the remedial steps UCLA had already taken to address the issues described. Instead, within 72 hours, the National Institutes of Health, National Science Foundation, and Department of Energy abruptly froze $584 million in research funding to UCLA, citing alleged civil rights violations. And at least one of those agencies, NSF, has acknowledged that it is under instructions not to approve any new grants to UCLA. About a week later, on August 8, 2025, DOJ proposed a settlement to restore funding, which would require UCLA to review its DEI programs, change its handling of student protests, and adopt the Administration’s views on gender, among other things. The UC has not stated whether it will agree. However, UC President James Milliken called the situation “one of the gravest threats in UC’s 157-year history.” The UC receives more than $17 billion per year in federal funding. Defendant Terrell has vowed to take “every single federal dollar” from the UC and similar universities, if they do not accede.

Defendants do not deny any of this. Instead, their principal argument is that the UC might not agree to the proposed conditions for restoring funding, so Plaintiffs’ present case is too speculative to be heard. But Plaintiffs’ harm is already very real. With every day that passes, UCLA continues to be denied the chance to win new grants, ratchetting up Defendants’ pressure campaign. And numerous UC faculty and staff have submitted declarations describing how Defendants’ actions have already chilled speech throughout the UC system. They describe how they have stopped teaching or researching topics they are afraid are too “left” or “woke,” in order to avoid triggering further funding cancellations by Defendants. They also give examples of projects the UC has stopped due to fear of the same reprisals. These are classic, predictable First Amendment harms, and exactly what Defendants publicly said that they intended.

The undisputed record demonstrates that Defendants have engaged in coercive and retaliatory conduct in violation of the First Amendment and Tenth Amendment. It also shows that they have flouted the requirements of Title VI and IX and cancelled funding in an arbitrary and capricious manner while ignoring required procedural safeguards. None of the jurisdictional hurdles raised by Defendants prevent the issuance of preliminary injunctive relief to stop the ongoing and imminent harms that Defendants are undisputedly causing. Plaintiffs’ motion for a preliminary injunction is GRANTED, for these reasons and those further explained below.

At the conclusion of her order, after spellling out the evidence of constitutional violations, Judge Lin point to specific examples of actions by the administration that would violate the First Amendment rights of plaintiffs in the case.

To be clear, examples of conditions on the grant or continuance of federal funding that would violate the First Amendment rights of Plaintiffs’ members would include, but are not limited to:

• Requiring the UC to make hiring, firing, or funding decisions on the basis of Plaintiffs’ members’ protected speech or freedom of assembly.

• Requiring the UC to restrict its curriculum, scholarship, or research based on the Defendants’ preferred viewpoints.

• Requiring the UC to screen international students based on “anti-Western” or “anti-American” views and/or “socialize” international students to favored “norms.”

• Requiring the UC to institute reporting requirements concerning Plaintiffs’ protected speech or freedom of assembly.

• Requiring the UC to adopt specific definitions of “sex,” “male,” and “female,” or adopt Defendants’ favored views as to gender or gender affirming care and disallowing inconsistent speech by its faculty, staff, or students.

• Restricting how the UC decides scholarship awards, hiring, or admissions, beyond what current constitutional or statutory law requires.

The full text of Judge Lin’s order follows.

The D.C. Sandwich Guy goes free

It’s Sunday. The day started with rain. I’m on low speed today as my brain feels like I’m hungover, but it’s really just the vestiges of the cold I picked up while in Portland. I’m trying to ween myself off the decongestants today. We’ll see.

Meanwhile, here’s some fine reading for a gray Sunday: “Sandwich Guy, Thrower of Hoagie–Or Hero?,” by Molly Roberts, a former member of the Washington Post editorial board who is now senior editor at Lawfare.

Roberts reports on this week’s trial in federal court of Sean Charles Dunn, 37, who was charged with a federal crime for tossing a loaded salami sandwich at a Customs and Border Protection officer during a protest against federal officers patrolling the streets of the nation’s capitol, striking him directly on his bullet-proof vest.

It’s seems surreal that a charge like this would be filed, and end up with a full-fledged trial during which, Roberts reports, jurors had trouble controlling their laughter.

Dunn was acquitted, but not before the trial put the idiocracy to the test.

Here’s a teaser, but you really should read her entire story.

The question, as it turns out, isn’t really, “Did he throw a sandwich or did he not throw a sandwich?” (That’s hardly in dispute; even the defense emphasized in its opening statement, “He did it. He threw the sandwich.” The government opted for, “No matter who you are, you can’t just go around throwing stuff at people if you’re mad.”) The question is whether the throwing of the sandwich was, as the defense put it, “a punctuation,” “an exclamation mark at the end of a verbal outburst,” “a harmless gesture that did not and could not cause…injury” or whether it was a violent act, and a federal crime.

Throughout the trial, the prosecution and defense characterize the sandwich throw as either ferocious (the prosecution) or frivolous (the defense). They employ language to match, staging a high-tension courtroom drama: “He takes the sandwich in his hand, he cocks it back,” a lawyer for the government describes, as if the grinder were a gun. Similarly, in a court filing, the prosecution says the sandwich was thrown at “point-blank range.” Later, the lawyer inquires about the “impact” felt by the alleged victim, Customs and Border Protection Officer Gregory Lairmore.

“I could feel it through my ballistic vest,” the agent testifies. “The sandwich…exploded all over my uniform. I could smell the onions and the mustard.” As Joseph Conrad’s Kurtz might have testified, “The horror! The horror!”

The defense, in contrast, treats l’affaire de sandwich more as farce. An attorney plays for the jury the final portion of an Instagram video depicting the incident. The now notorious late-night snack lies discarded on the ground, accompanied by a caption, “This sandwich is going up in history.” She asks the victim to identify the sandwich; he says he can’t make a positive verification, because he didn’t go back to collect it. She points out that the paper wrapping is still largely on, the contents essentially intact.

“You don’t see there’s mustard on it?” No. “You can’t tell there’s ketchup on it?” No. “You can’t tell there’s mayonnaise on it?” No. Lettuce? Tomato? “In fact, the sandwich hasn’t exploded at all?”

Also see:

How a thrown sub made ‘Sandwich Guy’ a resistance icon in Trump’s D.C.,” Washington Post, August 21, 2025.

Prosecutors charge D.C. sandwich thrower with misdemeanor,” Washington Post, August 28, 2025.

“‘I could smell the onions and mustard’ | CBP agent testifies at ‘sandwich guy’ assault trial,” WUSA9 News [Includes video of the sandwich throw].

DC ‘sandwich guy’ found not guilty of misdemeanor assault,” The Hill, November 7, 2025.

Man who threw sandwich at federal agent in D.C. found not guilty of misdemeanor after trial,” CBS News, November 6, 2025.

New charges being considered in probate fraud case

It has been nearly six months since Robert Earl Chapman, the former managing partner of a large downtown Honolulu law firm, was indicted on 22 counts stemming from the alleged theft of property held by the estate of a deceased client.

Chapman has pleaded “not guilty” to the charges, although his attorney, Myles Breiner, has indicated in a court filing that a change of plea is “probable.”

According to the indictment, Chapman went to court in 2018 to obtain authority as the “personal representative” of a Honolulu man who had died two years previously.

He then allegedly used fraudulently created or altered documents to transfer property valued at $750,000 from the estate to himself or to a company in which he was the sole officer.

Court records show at least one plea offer has been made by prosecutors, and negotiations over terms of a plea agreement are ongoing and a trial date has been postponed several times.

Chapman has been free after posting a $1 million bail bond. He and his wife took out a $1 million mortgage on their Lanikai home to secure the bond.

More than two years before his indictment, Chapman gave up his license to practice law in lieu of being disbarred by the Hawaii Supreme Court following a lengthy investigation of a different case of probate fraud.

Now, with a possible plea deal still in limbo, prosecutors appear to be ready to play hardball by adding at least one additional charge.

During a court hearing two weeks ago, prosecutors said an additional charge is being considered.

“State updated the court as to a potential new criminal case,” according to minutes of the October 20 hearing. A further update “as to the additional charge” will be provided at a hearing February 6, 2026, the hearing minutes available online show.

There is no other indication of what the additional charge or new criminal case might be.

Meanwhile, Chapman has been traveling.

He requested and received court approval to travel out of state on two different trips since he was charged in June.

He was allowed to fly to Massachusetts, and then drive through New Hampshire and on to Maine between September 21 and October 11. This is considered the best time for “leaf peeping,” or traveling to enjoy view of vibrant colors of the fall folliage.

He has also received court approval to spend five weeks in New Zealand visiting his grandchildren between December 8 and January 13, 2026.

Also see:

Fraud allegations lead to resignation of prominent business attorney, December 29, 2022.

Former Honolulu attorney indicted in alleged $750K probate fraud, iLind.net, June 21, 2025.

Bermudez dumps another attorney

Screenshot

Lance Bermudez was the last of about 18 associates of the late racketeering boss, Michael J. Miske, Jr., to be sentenced. On July 14, Judge Derrick Watson sentenced him to 30 years (360 months) for drug trafficking, with lesser sentences for racketeering and assault to run concurrently to the drug term. It was the longest prison sentence among that 18 or so of Miske’s co-defendants and other associates who pleaded guilty.

He is currently serving his sentence at a federal facility in North Carolina.

Within days of his sentencing, Bermudez filed a notice that he would be appealing to the 9th Circuit Court. At the same time, his attorney, Myles Breiner, filed a motion asking to withdraw from the case. In a declaration filed in court, Breiner said Bermudez wanted a court-appointed attorney to take over. Breiner also said there could be a conflict of interest if Bermudez were to appeal based on a claim of “ineffective counsel.”

A California-based attorney, DeAnna Dotson, was appointed to replace Breiner on August 14.

On the same day, Dotson mailed Bermudez a letter informing him of her appointment to handle his appeal. She also telephoned and was able to speak with him.

In a declaration filed in court this week, Dotson said Bermudez “refused to receive the letter I had mailed to him and it was returned to me unopened marked ‘Inmate refused to Legal Mail.’”

“My client signed a Plea Agreement which waived his right to a direct appeal,” Dotson continued. However, if the government breached that agreement I would be able to file a direct appeal on his behalf. I received his documents and reviewed all of them to see if there was a breach. I could not find any such breach by the government.”

“My client does not want to have any contact with me, either by mail or telephone,” Dotson wrote.

As a result, she has also asked to withdraw from the case. Before withdrawing, however, Dotson reported spending time trying to arrange for Bermudez to be transferred to a prison in Beaumont, Texas, where he wants to be held because he has family in the area.

It is unclear at this point whether another Bermudez will be offered another court-appointed attorney or whether his failure to cooperate will end his appeal.

Meanwhile, appeals filed on behalf of John Stancil and Norman Akau are on hold due to the ongoing government shutdown.

Deadlines for filing opening briefs in their appeals, and other cases being handled by court-appointed attorneys, have been vacated by order of Mary Murguia, chief judge of the 9th Circuit. Those deadlines will not be reset until a funding bill is passed and funds are available to pay the attorneys.

Both men have filed notices of appeal. Stancil’s opening brief was due last week, while Akau’s would have been due next week. Both are now in legal limbo pending the end of the shutdown.

Also see:

The “Hammah” falls, iLind.net, September 8, 2022.

Seven years since the fatal shooting at Ala Moana Center, iLind.net,

What’s Next for “Hammah”? Lance Bermudez, key Miske associate, to be sentenced, iLind.net, October 12, 2025.

The “Hammah” and his attorney get hammered as the Miske Enterprise case winds down, iLind.net, October 16, 2025