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#Boasberg with a sarcastic aside: "What I will hear from you by noon tomorrow — & I will memorialize in written form since apparently my oral orders don't carry much weight — is a written declaration" about the third flight & also the information he's previously ordered them to provide.
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
With that, the hearing is over. The govt will file more information tomorrow, & it may again refuse to provide specific the information #Boasberg requested (but must explain why). There is a further hearing on the #TRO on Fri, & action in the DC Circuit Court where briefing ends Wed.
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#Boasberg did in fact mention #contempt as an aside earlier that I didn’t include.
Here’s the exact quote:
“Two more questions for Mr. Kambli (for the US govt) that don't relate to CONTEMPT / disobeying court orders. 1) Was Trump's Tren de Aragua proclamation signed in secret on Friday? Or on Saturday? Need to know timing & when US thinks it went into effect.”
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
Family members of Venezuelan migrants who suspect their loved ones were sent to El Salvador as part of a rapid US #deportation operation over the weekend are struggling to get more info as a legal battle plays out.
Advocates have launched a WhatsApp helpline for people searching for family members, while #immigration attorneys have tried to locate their clients after they went dark.
#law #Constitution #DueProcess #CivilRights #USpol #Trump #AbuseOfPower #AlienEnemiesAct
https://www.reuters.com/world/americas/relatives-missing-venezuelan-migrants-desperate-answers-after-us-deportations-el-2025-03-17/
4. #Trump #DOJ says they will only give Judge #Boasberg answers on #compliance "through an in camera & ex parte declaration." (that is, they say will file a non-public declaration that he alone can see). They still give zero specific reasons other than handwaving at national security.
#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess#Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
Here's the government's notice:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.28.0_1.pdf
And here's the accompanying declaration with the data:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.28.1.pdf
#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess#Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
Essentially the #DOJ told Judge #Boasberg that it does not need to provide the Court with any additional info (despite being ordered to do so) b/c "there was no violation of the Court's *written* order (since the relevant flights left US airspace, & so their occupants were 'removed,' before the order issued)"
DOJ then said the Court's oral pronouncements prior to the written order being docketed "were not independently
enforceable as injunctions"
[this is bullshit]
#law #Judiciary #Trump
#DOJ also argued that b/c it filed for a stay before the appeals court, it "should not be required to disclose sensitive information bearing on national security & foreign relations until that motion is resolved, especially given that this information is neither material nor time-sensitive."
[Not time-sensitive? They were literally flying people out if the country as fast as they could to avoid complying with the court’s order]
The #UnitedStates Govt Affidavit provides an explanation for the third flight leaving after #Boasberg’s orders:
"[A]ll individuals on that third plane had Title 8 final removal orders."
That means this flight complied with the order.
From the Sat night hearing:
#UnitedStates Govt attorney:
"Would this TRO apply to aliens that otherwise have final orders of removal, because from our perspective, that would be an independent basis to effectuate their removal?"
...
Judge #Boasberg: "That's fair. ... Yes, Mr. Ensign, I agree."
There are still serious concerns about the prior two flights WITH *alleged* [w/o #DueProcess there’s no way to verify & family members & attorneys have said the allegations are false in many cases] #AlienEnemiesAct detainees onboard that continued despite the judge's order.
They were not DEPORTED. Deported means sending them back to their country of origin. These people were sent to a maximum security #prison in #ElSalvador, without any #DueProcess or any analysis as to whether they feared harm there.
Flying a person to a third country that they may never have been to, directly into a prison where they are going to be forced to do hard labor, is not a #deportation; it's something else entirely.
Per Asha Rangappa:
Historical note: When President Lincoln *actually suspended* #HabeasCorpus under the Suspension Act of 1863, he was required to provide lists of all people detained who were not POWs to the circuit court. He complied. While prosecuting an *actual war*.
(Ex parte Milligan - https://www.law.cornell.edu/supremecourt/text/71/2%26nbsp)
From Southpaw:
The #UnitedStates government under #Trump by all accounts is shipping these people into indefinite involuntary servitude in #ElSalvador without even the pretense of any #judicial process, much less duly convicting them of a #crime. It’s an enslaving operation.
It is #HumanTrafficking.
In response to the #DOJ's filing today in the #AlienEnemiesAct case, Judge #Boasberg ordered the #Trump admin to send him a sealed explanation of whether they in fact violated his court order.
https://www.courtlistener.com/docket/69741724/jgg-v-trump/
#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #Trump
Here is the new minute entry in #JGGvTrump:
This is some messed up dystopian stuff
Photos of the #Venezuelans illegally *deported* by #Trump under the #AlienEnemiesAct to the maximum security prison Terrorist Confinement Centre (#CECOT) in Tecoluca, #ElSalvador
Photos, released by the Presidencia El Salvador.
Photos of the #Venezuelans illegally *deported* by #Trump under the #AlienEnemiesAct to the maximum security prison Terrorist Confinement Centre (#CECOT) in Tecoluca, #ElSalvador
Photos, released by the Presidencia El Salvador.
Photos of the #Venezuelans illegally *deported* by #Trump under the #AlienEnemiesAct to the maximum security prison Terrorist Confinement Centre (#CECOT) in Tecoluca, #ElSalvador
Photos, released by the Presidencia El Salvador.
NEW
#Trump admin chastises judge for making #deportation flight case ‘a picayune dispute’
The #DOJ chastised a federal judge’s demand for info about deportation flights that left the country over the weekend, accusing him of “digressive micromanagement” in a court filing Wed.
Judge #Boasberg ordered the Trump admin to provide him the details under seal by midday Wed as the judge investigates whether ofcls violated his Sat order to turn around airborne planes….
#law
https://thehill.com/regulation/court-battles/5202939-justice-department-boasberg-deportation-case/
“What began as a dispute between litigants over the President’s authority to protect the national security & manage the foreign relations of the US pursuant to both a longstanding Congressional authorization & the President’s core constitutional authorities has devolved into a picayune dispute over the micromanagement of immaterial factfinding,” #DOJ wrote.
“The Court has now spent more time trying to ferret out information about the Government’s flight schedules & relations with foreign countries than it did in investigating the facts before certifying the class action in this case. That observation reflects how upside-down this case has become, as digressive micromanagement has outweighed consideration of the case’s legal issues,” the DOJ wrote [missing the point].
Judge #Boasberg just granted the #Trump admin ANOTHER 24hrs to explain themselves. His order expressed serious doubt about the claim of state secrets or classified information. Boasberg points out that everything was already largely disclosed by Trump on socialmedia.
ORDER: The Court ORDERS that: 1) Defendants' 37 Motion is GRANTED IN PART & DENIED IN PART; & 2) Defendants shall have until March 20, 2025 at 12PM
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.38.0_1.pdf
Per Raffi Melkonian:
Judge #Boasberg is building insurance against appellate review. He wants the appeals court to see that the district judge gave #DOJ every opportunity to comply w/ his orders.
It's just very difficult to get a contempt order or something similar to stick, especially against DOJ.
It’s not how it should work, but it’s the world we live in.
Even this level of restraint & patience may not work.
AG #PamBondi incorrectly tells FauxNews that Judge #Boasberg in the Venezuelan #deportations case has "no right" to ask #DOJ when the planes departed & who was on them while determining whether the #Trump admin defied the court order:
"This judge has no right to ask those questions.… The judge had no business, no power to do what he did"
Wrong. So very wrong.
#DOJ lawyers urged an appeals court Wed to overturn a judge’s block on #Trump’s #deportation of #Venezuelans under the #AlienEnemiesAct.
The filing is the latest volley in an escalating legal battle over Trump's priority of strengthening #immigration enforcement. Trump has called for Chief US District Judge James #Boasberg's #impeachment …[&] #SCOTUS Chief Justice #JohnRoberts rebuked Trump over the impeachment threat.
#law #DueProcess #Judiciary #ConstitutionalCrisis
https://www.usatoday.com/story/news/politics/2025/03/19/justice-department-appeal-trump-deportations-alien-enemies-act/82551316007/
DC Circuit Judges Henderson, Millett, & Walker have scheduled oral arguments Monday, March 24, 2025, at 1:30PM on whether to block Judge #Boasberg's #TRO in J.G.G. v. #Trump, the #AlienEnemiesAct #deportation case.
#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://media.cadc.uscourts.gov/orders/docs/2025/03/25-5067LDSN2.pdf
It appears that #Trump’s #DOJ has *missed* (refused to comply with) the deadline set by Judge #Boasberg to provide answers on the #AliensEnemiesAct #deportations.
Holy freaking crap
The #Trump admin says that the #AlienEnemiesAct allows #Immigration Agents to enter the homes of ANY PERSON who they *believe* are subject to the declaration WITHOUT A WARRANT.
#law #Constitution #FourthAmendment #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://www.nytimes.com/2025/03/20/us/politics/trump-alien-enemies-immigration-agents.html?unlocked_article_code=1.5U4.39cB.wD5EgfXixxmS&smid=nytcore-ios-share&referringSource=articleShare&sgrp=p
#Trump lawyers have *determined* [made up from whole cloth] that an 18th-cent wartime #law Trump invoked to deport *suspected* [presumed] members of a Venezuelan gang allows federal agents to enter homes WITHOUT A WARRANT….
The disclosure reflects the Trump admin’s aggressive view of #PresidentialPower, including setting aside a key provision of the #FourthAmendment that requires a #CourtOrder to search someone’s home.
Order from Judge #Boasberg in #JGGvTrump
1. By March 21, 2025, at 10:00 AM, Defendants shall submit a sworn declaration by a person with direct involvement in the Cabinet-level discussions regarding invocation of the state-secrets privilege;
2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not the Government is invoking the privilege;
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.47.0_1.pdf
3. By March 25, 2025, Defendants shall file a brief showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025; &
4. Plaintiffs may file any response to such brief by March 31, 2025.
Judge #Boasberg is exasperated.
“On March 18, 2025, the Court ordered Defendants to provide by noon the following day specific information regarding flights carrying individuals subject to the Court’s Temporary Restraining Orders issued 3 days before.…Defendants instead filed a pleading shortly before the deadline seeking to stay the Order in large part on the ground that they were considering whether to invoke the #StateSecrets privilege.…
“Although skeptical of the applicability of such privilege, the Court granted Defendants another 24hrs either to release the information ordered or to invoke the privilege.…
“In an ex parte pleading delivered shortly after today's deadline, the Govt again evaded its obligations.
“[The govt] submitted a 6-paragraph declaration from the Acting Field Office Director for Enforcement & Removal Operations at ICE's Harlingen, TX, Field Office…. After 4 paragraphs of identifying info, he repeated the same general info about the flights: 'On March 15, 2025, 2 flights carrying aliens being removed under the #AEA departed US airspace before the Court's minute order of 7:25PM EDT, & before the Court's oral statements during the hearing.'
“He then stated, 'I understand that Cabinet Secretaries are currently actively considering whether to invoke the #StateSecrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours.'
“This is woefully insufficient.”
[a seriously scripted declaration]
“To begin, the Govt cannot proffer a regional ICE ofcl to attest to Cabinet-level discussions of the #StateSecrets privilege; indeed, his declaration on that point,…is based solely on his unsubstantiated 'understand[ing].' Although its skepticism concerning the suitability of such privilege…remains, the Court at a minimum requires an ofcl w/direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests.“
“[The Court] further expects such deliberations to be concluded by March 25, 2025, which only exceedingly good cause may excuse.
“In addition, to avoid further delay, the Court will require Defendants to show cause on the facts that they have already disclosed as to why the failure to return the class members aboard the 2 earliest planes did not violate the Court's TROs. Further supplementation may be required once particulars are ultimately disclosed.”
#Trump doubling (tripling? quadrupling?…) down on #illiberal #authoritarian #StochasticTerrorism toward the #judiciary even going after conservative #SCOTUS Chief Justice #JohnRoberts (see pic).
