Legal News for Fri 11/22 - Gaetz Bails Citing "Distractions," Trump's Musk-led Panel Targets Federal Rules, EU Regulators Drop Probe of Apple, Biden's District Judge Deal

Minimum Competence

This Day in Legal History: Max Headroom Incident

On November 22, 1987, a bizarre and illegal hijacking of television signals in Chicago made history as the "Max Headroom incident." During an evening broadcast of the news on WGN-TV, the signal was interrupted by a person wearing a rubber Max Headroom mask—a character from a popular British-American sci-fi show. The intruder, who spoke in distorted audio while a buzzing background noise played, reappeared later during a broadcast of "Doctor Who" on PBS affiliate WTTW. In the second interruption, the masked figure performed erratic gestures, spouted nonsensical phrases, and referenced TV culture, all culminating in a crude act involving a flyswatter and exposed buttocks.

The Federal Communications Commission (FCC), tasked with regulating airwaves, launched an immediate investigation, as signal hijacking violates federal laws prohibiting unauthorized use of broadcast frequencies. Despite efforts by the FCC and law enforcement, the perpetrators were never identified, adding an air of mystery to the event. The technical feat required to override broadcast signals in 1987 suggested that the culprits had considerable expertise and access to specialized equipment.

This incident was one of the most notorious cases of broadcast signal intrusion, highlighting vulnerabilities in television networks at the time. It also sparked debates about cybersecurity, freedom of expression, and the emerging role of "hacktivism" in digital media. No further incidents of this type occurred on such a scale in the United States, likely due to improvements in broadcast security and stricter regulatory oversight.

President-elect Donald Trump announced his nomination of former Florida Attorney General Pam Bondi as Attorney General following Matt Gaetz's withdrawal. Bondi, a longstanding Trump ally, has been a vocal supporter of his claims that the Justice Department’s investigations into him were politically biased. If confirmed, Bondi would oversee major aspects of the DOJ, including defending controversial policies and managing federal grants.

Trump praised Bondi for her toughness and alignment with his "America First" agenda. Bondi previously served on Trump’s legal defense team during his first impeachment trial and has taken high-profile legal stances, including challenging the Affordable Care Act as Florida's Attorney General. However, her tenure has also been marked by controversies, such as accepting a Trump Foundation donation while considering action against Trump University, though no wrongdoing was found.

Bondi’s nomination comes as Trump plans significant changes to the Justice Department, including possible leadership shifts, and amid ongoing federal indictments against him. Bondi has publicly supported Trump’s claims of voter fraud and pledged to investigate alleged “deep state” actors. Her background includes working on drug policy and opioid abuse commissions during Trump’s first term and involvement with the Trump-aligned America First Policy Institute.

Matt Gaetz, initially chosen for the role, stepped down citing the distraction caused by controversies, including a closed sex trafficking investigation and a House Ethics probe. Trump’s choice of Bondi highlights his intent to reshape the DOJ’s focus while surrounding himself with trusted allies.

Trump Picks Pam Bondi for Attorney General After Gaetz Exit (1)

Trump picks Pam Bondi for US Attorney General after Gaetz withdraws | Reuters

President-elect Donald Trump has appointed Elon Musk and Vivek Ramaswamy to lead the newly created Department of Government Efficiency (DOGE), tasked with identifying and repealing federal regulations they consider overly burdensome or invalid. The panel plans to focus on rules that they argue were enacted by unaccountable bureaucracies, guided by recent Supreme Court decisions that curtail agency rulemaking powers. DOGE also aims to propose mass layoffs and identify unauthorized federal spending, with a goal of completing its work by July 4, 2026.

Repealing federal rules, however, is a complex and lengthy process governed by the Administrative Procedure Act, which requires detailed justifications, public comment periods, and compliance with legal standards. While Trump could issue executive orders halting enforcement of certain rules, agencies must still follow formal procedures for repealing them. Lawsuits are likely to challenge attempts to eliminate regulations, especially by opponents who claim improper justification or procedural violations.

Musk and Ramaswamy's efforts will leverage recent Supreme Court rulings limiting agencies' ability to address major economic or societal issues without explicit Congressional authorization. Despite this, many regulations have firm legal backing, making their repeal difficult. Legal experts predict a wave of lawsuits and mixed outcomes, given the partisan makeup of federal courts. DOGE’s recommendations signal Trump’s broader agenda to significantly curtail the administrative powers of federal agencies.

How Trump's Musk-led efficiency panel could slash federal agency rules | Reuters

The European Commission has closed its four-year antitrust investigation into Apple’s rules for e-book and audiobook app developers following the withdrawal of the original complaint. The complainant, who remains unnamed, opted to drop the case, prompting regulators to end the probe. The closure does not indicate that Apple's conduct was found to comply with EU competition laws.

EU regulators emphasized their ongoing commitment to monitoring tech industry practices, including Apple's, under the Digital Markets Act and broader competition regulations. The case's conclusion reflects the challenges in sustaining antitrust investigations without active complainants, though scrutiny of Apple’s business practices in Europe is expected to persist.

EU regulators scrap probe into Apple's e-book rules after complaint was withdrawn | Reuters

Senate Democrats have agreed to a deal with Republicans to advance votes on President Joe Biden’s district court nominees while abandoning four appellate court picks. The agreement allows the Senate to confirm several district court judges quickly, despite GOP stalling tactics aimed at delaying Biden’s judicial appointments before Republicans assume control of the White House and Senate in January. Majority Leader Chuck Schumer’s spokesperson highlighted that the trade-off prioritized advancing more district court nominees over the blocked circuit picks.

The deal derails the nominations of Adeel Mangi, Ryan Park, Karla Campbell, and Julia Lipez for appellate court seats. Mangi, who would have been the first Muslim federal appellate judge, faced opposition from some Democrats over allegations linking him to antisemitic and anti-police groups. Park’s nomination was also at risk due to lack of Republican support.

Meanwhile, the Senate pushed forward on cloture votes for several district court nominees, including Spark Sooknanan, Brian Murphy, Anne Hwang, Cynthia Valenzuela Dixon, and Catherine Henry. Votes on their confirmations will occur after Thanksgiving. Other nominees, such as Sharad Desai for Arizona and several others approved by the Judiciary Committee, also advanced.

The agreement leaves critical appellate seats open, including those on the Third and First Circuits, aiding President-elect Donald Trump’s agenda to influence the federal judiciary. Some judges considering semi-retirement may now delay their decisions, further impacting the judicial landscape.

Biden Circuit Picks Derailed by Senate Deal on Trial Judges (2)

This week’s closing theme is by Johann Sebastian Bach.

Johann Sebastian Bach (1685–1750) was a German composer and musician of the Baroque period, widely regarded as one of the greatest composers in Western music history. Born into a family of musicians in Eisenach, he displayed prodigious talent from a young age, mastering the organ, harpsichord, and violin. Throughout his career, Bach held prestigious positions as a court musician, music director, and cantor, most notably serving as the Thomaskantor in Leipzig, where he composed many of his most enduring works. His output includes cantatas, concertos, masses, and instrumental pieces, showcasing an unparalleled command of counterpoint, harmony, and structure. Despite limited recognition during his lifetime, Bach's music profoundly influenced later composers, earning him the title "Father of Music."

This week's closing music is Bach’s Prelude and Fugue in G minor, BWV 861, from The Well-Tempered Clavier, Book I. This collection of preludes and fugues in all 24 major and minor keys was revolutionary, both as a demonstration of the possibilities of the then-novel well-tempered tuning system and as a masterclass in compositional technique. The G minor prelude opens with a flowing, somber melody that builds in complexity, evoking introspection and elegance. The fugue that follows is a testament to Bach's genius for counterpoint, weaving together a single thematic idea into an intricate tapestry of musical voices.

The Prelude and Fugue in G minor exemplifies Bach's ability to transform simple ideas into profound statements, inviting listeners into a world of meticulous craftsmanship and emotional depth. It’s a fitting choice to close the week, blending timeless artistry with intellectual rigor.

Without further ado, Johann Sebastian Bach’s Prelude and Fugue in G minor, enjoy.

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