Tag: pro publica
Samuel Alito

Unprecedented: Most Supreme Court Decisions Issued On 'Shadow Docket'

The Supreme Court continues to make consequential rulings in the shadows. I analyzed tens of thousands of case files from the court’s online archives, parsing through filings to separate simple requests for deadline extensions from challenges to long-established constitutional rights. I discovered that in the term that ended in 2025, the justices issued more substantive decisions on their emergency docket than in cases argued in open court. Experts told me this was likely the first time this has happened in the court’s modern history.

Representatives from the Supreme Court did not respond to my questions.

Since I reported that story in July, more major rulings have been made on the emergency docket, often called the “shadow docket,” where justices rarely hear arguments and often issue unsigned orders that don’t explain how they arrived at their decisions or even how they voted.

These decisions are continuing to come down even after the court began its summer recess. For example:

Though experts told me rulings on the shadow docket have generally enabled Trump, he has not won them all. The USPS ruling, for one, has not pleased the president. Last week, in a post on Truth Social, the social media website he owns, Trump criticized the justices he nominated, writing that they “are not the people I interviewed to serve.”

“It is a Court that will go down as having rendered some of the most destructive, hurtful, and damaging decisions in our Country’s history,” Trump wrote.

Every decision the court has made since July has been on its shadow docket. That will remain the case until the court starts its new term on October 5.

Watch our explainer to learn more about what I uncovered and how the shadow docket works.

Reprinted with permission from ProPublica

Putin and Kremlev

House Democrats Open Probe Of Don Jr's 'Wedding Gift' From Kremlin Oligarch

The House Oversight Committee has begun investigating the role of Russian oligarch Umar Kremlev in financing Donald Trump Jr.’s recent nuptials.

On Tuesday, Rep. Robert Garcia of California, the ranking Democrat on the committee, sent a letter to Don Jr. instructing him to preserve all records, documents and communication referencing his relationship to the oligarch, who is an ally of Russian autocrat Vladimir Putin.

“Oversight Democrats are investigating the numerous ways in which you have sought to enrich yourself and your family on the basis of your proximity to President Donald Trump,” Garcia wrote.

“As the son of President Donald Trump and the part-owner and major investor of multiple companies with extensive Department of Defense contracts, your praise of such an ‘extraordinarily generous wedding gift’ from a member of Russian dictator Vladimir Putin’s inner circle raises serious questions about pay-to-play schemes and foreign intelligence infiltration of the President’s family,” he continued.

Garcia has also written to Susie Wiles, President Trump’s chief of staff, requesting information on the ties between Kremlev and the Trump administration. Garcia noted that Trump failed to attend his son’s wedding to socialite Bettina Anderson and asked if Kremlev’s role and presence was related to the decision. Garcia also asked about the status of Don Jr.’s security clearance and if Kremlev had been identified as one of his foreign contacts.

The probe was triggered by a ProPublica report published Monday documenting the extensive role Kremlev played in financing the wedding. Despite the Trump family’s vast wealth, the Russian paid for much of the three-day party and wedding ceremony held on a private island. Records show Kremlev paid for lodging, fireworks, and other expenses for the 50-strong celebration.

Don Jr. accepted foreign financing for his wedding despite reports indicating he is worth at least $300 million, raising the question of whether Kremlev was paying for access and influence over the presidency.

The wedding disclosure is just the latest in a well-documented close relationship between the Trump family and Russian assets. Most notably, a bipartisan Senate investigation concluded in 2020 that Russia had intervened in the 2016 election, with an eye toward electing Trump over Secretary of State Hillary Clinton.

The elder Trump has consistently bent to Putin’s demands during both of his terms as president, including most recently pressuring Ukraine to refrain from attacks on Russia, despite years of bombardment from Russian forces trying to invade the neighboring nation.

When he isn’t doing as Russia desires, Donald Trump has thoroughly integrated corruption into his presidency, often prioritizing his personal enrichment over U.S. national security and economic stability.

Congressional Republicans under House Speaker Mike Johnson have declined to provide oversight of Trump’s actions. With their response to the Russian financing, Democrats have made clear that if they win this fall’s elections, more investigations are coming.

Reprinted with permission from Daily Kos



Trump Officials Direct Funding To White South Africans and Europe's Far Right

Trump Officials Direct Funding To White South Africans and Europe's Far Right

Reprinted with permission from ProPublica

For decades, the U.S. Department of State gave money to groups protecting free speech, human rights and persecuted minorities in poor and authoritarian countries.

To decide what to fund, staffers with deep expertise typically pored over reams of information on abuses under the most repressive regimes and held an open competition to fund groups to work in those countries.

This year, Trump administration officials presented State Department workers with their own list of organizations that should be funded. To the shock of many staffers and lawmakers, they proposed at least a dozen grants that would bypass the normal open bidding process. They also sought to give taxpayer dollars to groups aligned with conservative and anti-immigration movements in Europe as well as advocates for white South Africans, according to interviews and documents reviewed by ProPublica.

Among the organizations appointees have considered funding in recent months are a British free-speech organization that has fought against bans on “gay conversion therapy” and an Afrikaner group run by a controversial figure who has called for self-governance of the white ethnic minority within South Africa.

This type of giving would mark a stark departure from the traditional aid that helped torture victims and documented rapes, political violence and other abuses in some of the most oppressive countries in the world, according to more than a dozen former State Department employees. One new program with $4.9 million of competitive funding available to groups to develop “civilizational self-confidence in Europe” is slated for “research, conferences, cultural engagements, and support for civil society” in wealthy democracies. The call for proposals says recipients should “not attempt to reform the legislative processes,” but experts and lawmakers have expressed concern that the U.S. is seeking to influence politics in allied countries.

That emphasis on Western nations was evident in a grant the State Department has been working on for months to a fledgling British American think tank dedicated to “renewing our Judeo-Christian culture and civilisational mission.” After pushback from Congress, the State Department abandoned those plans in recent days.

“I’ve never before seen U.S. government funding for such groups,” said William Allchorn, a senior research fellow at Anglia Ruskin University and an expert on radical-right extremism in the United Kingdom. “It’s crossing the Rubicon, isn’t it?”

A review of proposed grants shows several are being directed to more traditional human rights purposes, but even some of those have raised concerns in and outside the State Department.

Strict agency rules have long required an open bidding process whenever possible to guard against waste, fraud and abuse. Generally, the State Department is allowed to offer awards directly to a single entity or to a small group of potential grantees in rare instances, such as when only one organization is capable of the work or an emergency necessitates providing money so quickly that open competition is impossible. It has also used such “sole-source” and “limited-source” awards, which are not publicly announced, in highly sensitive countries where openly working on human rights can be dangerous.

None of those justifications appear to apply here, according to contracting experts and former staffers consulted by ProPublica. The situation is all the more concerning, they said, because Trump officials handpicked the potential recipients, decisions previously made by a panel of government experts who evaluated applicants based on the organizations’ experience and qualifications.

“It’s not good governance to have political appointees give grants to individuals for unknown reasons,” one former bureau staffer said.

Directing awards to organizations in high-income countries further complicates the funding. The practice is so unusual that an internal waiver justifying the choice is typically required.

The State Department did not answer when asked whether it had sought waivers for the grants to high-income countries.

During private briefings this month, members of Congress expressed concern over both the list of potential recipients and the plan to award no-bid or limited-bid grants, according to officials familiar with the closed-door meetings who weren’t authorized to publicly discuss them.

In response to a detailed list of questions about this story, the State Department sent a short written response, noting that “programs are still in active deliberation and receipt of a grant is not guaranteed to any organization that does not meet all requirement and standards for federal grants.” A State Department official who declined to be named stressed that the process for awarding grants was ongoing and that multiple offices provide input. They also said the administration has serious concerns about the human rights situation in South Africa that need to be addressed.

Asked about the potential grants, Sen. Jeanne Shaheen, a Democrat from New Hampshire and the ranking member of the Senate Committee on Foreign Relations, said Congress expects the State Department “to invest resources to advance human rights, democratic institutions, civil society, freedom of expression and worker rights” and that the proposals are “an appalling departure from that practice and an affront to our democratic allies.”

“These awards suggest that the Department intends to select awardees for federal funding based on their political ideology,” Shaheen said, “not in the interest of American taxpayers or national security.”

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Brendan Carr

FCC Officials Took Paramount's Pricey Gifts While Company Sought Deal Approval

Reprinted with permission from ProPublica

The rich and famous who filed into the Kennedy Center’s opera house in December were there to enjoy one of the nation’s most exclusive celebrations of the performing arts: the center’s annual honors gala.

The black-tie event, hosted by President Donald Trump, prioritized tickets to people who donated more than $75,000 to the center. This year, it feted Hollywood icon Sylvester Stallone, the legendary glam rock band Kiss and the Grammy Award-winning disco pioneer Gloria Gaynor.

Among the attendees that evening were two lower-profile government officials whose regulatory decisions had been crucial to the future of the gala’s broadcast sponsor, CBS, and its parent company, Paramount.

Five months earlier, Federal Communications Commissioner Olivia Trusty cast a decisive vote approving Paramount’s historic $8 billion merger with Skydance Media. Now, the commissioner and a guest enjoyed the star-studded celebration thanks to tickets gifted to her by Paramount worth more than $12,000, according to ethics disclosure records obtained by ProPublica.

The other commissioner who approved the merger watched from a prized perch. FCC Chair Brendan Carr and his wife sat in a private skybox with Paramount CEO David Ellison and other executives from Paramount and CBS. Such seats sold for $125,000 a ticket, according to Kennedy Center guidelines.

It’s unclear if Paramount gifted Carr the premium seats because the FCC has yet to make public his financial disclosure for last year.

However, past disclosures show Carr and Trusty are among seven FCC commissioners who have accepted Kennedy gala tickets from CBS or its parent company over the last decade. Ethics experts told ProPublica this poses a blatant conflict of interest since the commission regulates the network. Carr’s previous financial statements show he has accepted tickets at least seven times since his 2017 appointment, totaling over $63,000 in gifts.

Last December’s ceremony attended by Trusty and Carr took place as Paramount was launching a hostile takeover bid for Warner Bros. Discovery, a move that would later result in a merger agreement that requires FCC approval.

Federal ethics rules ban employees from taking gifts from any entity that does business with, is regulated by or seeks official action from their agency.

Four ethics experts told ProPublica that by accepting the premium tickets Trusty and Carr compromised the FCC’s impartiality and should not take part in any upcoming decision on the merger.

“There’s no way that any top federal regulator should ever, ever accept a gift from a regulated company with interests their work will foreseeably affect,” said Walter Shaub, who led the federal Office of Government Ethics from 2013 to 2017. “The appearance of taking gifts like that is terrible. What’s at stake is nothing less than the public’s trust in government.”

Virginia Canter, who served as an ethics lawyer at the White House, Treasury Department, and Securities and Exchange Commission during the presidencies of George H.W. Bush, Bill Clinton, George W. Bush and Barack Obama, said the commissioners who accepted tickets cannot participate in this matter without damaging the integrity of the government’s decision-making process.

“This is shocking. Pretty disturbing, that’s what I would say. I just don’t understand what they were thinking,” said Canter, who now works as chief counsel for ethics and corruption at the nonpartisan government watchdog group Democracy Defenders Fund.

The FCC’s review of the merger is one of the final hurdles facing a historic $110 billion consolidation of two of the five largest film studios in Hollywood. The deal would unite Paramount Skydance with Warner Bros., bringing under the control of one company Paramount+ and HBO Max streaming services; CBS and CNN; and scores of other major broadcast channels, cable networks, and digital platforms.

The new megacorporation, which could reshape how millions will access news, movies, sports and video games, faces fierce opposition from inside and outside Hollywood. More than 5,000 actors, producers and entertainment workers — including stars such as Robert De Niro, Javier Bardem, Joaquin Phoenix and Glenn Close — signed an open letter decrying how the consolidation would eliminate jobs and compromise “the integrity, independence, and diversity of our industry.”

On Monday, California, New York and 10 other Democratic states filed a lawsuit seeking to block the merger under federal and state anti-monopoly laws.

American and international regulators are evaluating the deal for its potential national security implications and impacts to consumers worldwide. Last week, the British government signaled it planned to investigate whether the new entertainment titan that would emerge from the union would unfairly stifle competition. The FCC’s ongoing review includes examining the Middle Eastern sovereign wealth funds backing the deal, including from Saudi Arabia, Qatar and Abu Dhabi.

The FCC usually has five commissioners — all appointed by the president and confirmed by the Senate to serve five-year terms — but the agency currently has only three. Any vote by the full commission would likely be decided by Republicans Carr and Trusty over Democrat Anna Gomez. Gomez was not at the December 2025 show but has accepted tickets from Paramount in the past. Because the FCC requires a three-commissioner quorum for a vote, any recusal could leave the panel unable to decide on the merger. Carr could decide to ask staff to approve the deal rather than bring it to a commission vote, but the ethics experts said he should recuse himself from any decisions affecting the Paramount merger.

The experts warned the commissioners’ gifts might become central in legal challenges and said the Justice Department should investigate potential violations of federal rules or laws.

Neither Carr nor Trusty responded to ProPublica’s requests for comment. Gomez said in a statement that she followed agency advice when she attended the event in 2023 and 2024. Her statement did not elaborate or otherwise address why taking gifts from Paramount did not pose a conflict of interest.

An FCC spokesperson said agency ethics officers have for years cleared commissioner appearances, finding it consistent with ethics law.

“FCC Chairs and officials have attended the same event, in the same ways, consistently from the Trump Administration to the Biden Administration to the Obama Administration,” the FCC said in a statement. “There has been no change in recent years.”

Shaub called the justification outrageous.

“It’s no excuse to say that you took the gift because everyone else was doing it or that your agency has had a bad habit of indulging in gift taking for a long time,” Shaub said. “That kind of explanation doesn’t work for school children, and it sure as hell doesn’t work for government officials who are supposed to have better judgment than a fifth grader.”

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