Morning Docket: 10.09.26

* DOJ seeking to indict Cassidy Hutchinson for testifying to the January 6 Committee about the insurrection. Grand jury testimony is supposed to be secret, but it’s the Trump administration so spectacle outweighs. [NBC News]

* OpenAI and Anthropic argue that open weight models are dangerous, implying that their products that are running around hacking people are not dangerous. Expect to hear this a lot in the context of “please ban all the more cost-effective options and give us a monopoly” over the coming months. [Bloomberg Law News]

* Family separation is back, but this time it’s a byproduct of vague detention guidance to make it more difficult to challenge. [Slate]

* NCBE runs pilot bar exam to test out remote proctoring and “AI-assisted” questions — you know, the things they claimed were existential threats to the very integrity of the process when California tried to step outside the monopoly. [ABA Journal]

* Supreme Court stays case about FCC political advertising rate rule on cusp of election. [Election Law Blog]

* NFL and multiple states ask Supreme Court if states can regulate gambling, which traditionally is an unquestioned state power, but now has to be run by our unelected Star Chamber for… reasons. [ESPN]

* Arizona court system hacked, exposing 1.3 million people’s information. [ABA Journal]

* NYC suit against oil companies flagged false claims about cleaner gasoline in an effort to dupe consumers, but court tossed it claiming that the only people who care enough about the environment to let it impact their gas choice would have known the claims were bogus anyway. [Courthouse News Service]

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