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#constitutionalcrisis

17 posts8 participants0 posts today

The Hill: ABOARD AIR FORCE ONE — President Trump said Friday he would respect a Supreme Court decision to bring back a Maryland man the administration mistakenly deported to El Salvador.

“If the Supreme Court said bring somebody back I would do that. I respect the Supreme Court," Trump told reporters aboard Air Force One on his way to Florida for the weekend. “I have great respect for the Supreme Court,” he added.
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Get on it Roberts. Time to be very clear in your orders and stop shifting it around the lower courts. Let's see if he can comply with even one court order.

#SupremeCourt #ConstitutionalCrisis.

Continued thread

Judge: I don't understand why these questions can't be answered today. But maybe you can answer them for me by 5PM tomorrow.

And we'll go ahead and set a follow up hearing for the day after govt files the declaration I previously requested

Ensign repeats that deadlines are impracticable but that they intend to comply w/ #SCOTUS order.

And that's it. Hearing over. Judge will enter written order in due course.

Continued thread

Judge: I hope you will in good faith comply & we'll take it from there. But I know I want daily updates until this is resolved. Do you have any alternative suggestions for me, Mr. Ensign?

Ensign wants a declaration due by Monday close of business, not daily.

Judge: My order is daily updates

Continued thread

Garcia's counsel says daily status updates would be appropriate and they would respond as needed very quickly to each update.

Ensign [#DOJ] says government intends to comply with #SCOTUS order, but court deadlines not practicable

Judge: Then you can tell the public that every day in status updates
🔥🔥🔥

Continued thread

Now plaintiff's counsel up...

Says court's order was sufficiently clear, defendants did not comply, leave the remedy in the discretion of the court.

"It quite clear...the defendants are playing a game with their own lawyers."

Court should order people w/ personal knowledge before court.

Continued thread

Judge: Easy way to combat that is to communicate what they've done to you. And if they can't, they need to put that in writing.

Judge to Ensign: That you don't know suggests you don't have a full and effective relationship with your client. So can you explain why you don't have personal knowledge?

Ensign repeats line about needing to evaluate the SCOTUS order...

Continued thread

Xinis: Ok, so they've done nothing? This is a yes or no question. This is a direct question that is yes or no. I'm not asking what yet...just WAS THERE anything done to facilitate return?

Ensign: I'm unable to answer, don't have knowledge of that

Judge: Communicate this to your client: If they don't communicate any evidence to you as their representative that you can communicate to the court, then there is no evidence.

Continued thread

Ensign: Plaintiffs have said he was known to be in #ElSalvador, no evidence to contradict that

Judge: So there's no evidence where he is today, that's extremely troubling

Judge moves on: What steps has the govt taken thus far to facilitate return? Notes there was a period of several days in which her order to return him was in effect. What have the defendants done?

Ensign: Not prepared to share that info, still evaluating

Continued thread

Xinis: It's quite basic information. I'm asking a very simple question: Where is he?

Xinis: Filing about an hour ago talks about prospective info. You're saying you haven't had time to think of next steps. but this question isn't about prospective next steps. I'm asking simply: WHERE IS HE?

Ensign repeats that he doesn't have that info.

Continued thread

In a filing ~45 mins after the deadline had passed, #DOJ lawyers wrote:

“In light of the insufficient amount of time afforded to review the Supreme Court’s Order following the dissolution of the administrative stay in this case, Defendants are not in a position where they 'can’ share any information requested by the Court. That is the reality.”

This is another escalation of the #Trump admin’s refusal to acknowledge the #equal #power of the #JudicialBranch.

Woot.

ACLU brings class habeas action in N.Y. challenging Trump’s use of wartime powers for deportations
A hearing in the new Alien Enemies Act litigation is already set for Wednesday morning. lawdork.com/p/aclu-brings-clas

The ACLU filed a class petition for a writ of habeas corpus in the Southern District of New York on Tuesday challenging President Donald Trump's Alien Enemies Act proclamation and the implementation of it. The filing was a near-immediate response to Monday's 5-4 U.S. Supreme Court decision holding that challenges to Trump's Alien Enemies Act proclamation must be brought in habeas.

The Southern District of New York, according to the petition, is where the two individual petitioners are located, or at least were at the time when the petition was filed. Although only two individuals are named — with pseudonyms — the ACLU’s intention is for a full class to be protected if the litigation succeeds.

U.S. District Judge Alvin Hellerstein, a Clinton appointee who has overseen many high-profile cases, has already scheduled a hearing on the motion for a temporary restraining order for 9 a.m. Wednesday — and ordered the petitioners not to be deported or moved out of the district in the meantime.
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Take that SCOTUS.

Law Dork · ACLU brings class habeas action in N.Y. challenging Trump’s use of wartime powers for deportationsBy Chris Geidner

The Hill: The Trump administration asked the #SupremeCourt to lift a judge’s ruling ordering the government to return a man mistakenly deported to El Salvador by the end of Monday. the Justice Department (DOJ) said it can’t comply with the ruling and called for the high court’s emergency intervention.

“This order sets the United States up for failure,” Solicitor General D. John Sauer wrote. “The United States cannot guarantee success in sensitive international negotiations in advance, least of all when a court imposes an absurdly compressed, mandatory deadline that vastly complicates the give-and-take of foreign-relations negotiations. The United States does not control the sovereign nation of El Salvador, nor can it compel El Salvador to follow a federal judge’s bidding,” Sauer continued.

By default, the administration’s request will go to Chief Justice John Roberts, who handles emergency appeals arising from the 4th Circuit. He could act on the application alone or refer it to the full court for a vote. The request came minutes before a 4th U.S. Circuit Court of Appeals three-judge panel unanimously denied the administration’s bid to lift the judge’s order.

Continued thread

...So... Today, the trump regime suspended Reuveni. AG Pam Bondi saying “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences.”

But they didn't stop there... August Flentje, who was Reuveni's supervisor, was placed on administrative leave Saturday by officials at Main Justice for "failure to supervise a subordinate"

So to recap, they sent a man to a foreign torture prison by 'mistake.' The judge has ordered the admin to return him. The admin says tell it to the President of El Salvador. The DOJ lawyer said he's trying to get the admin to comply, give me more time. Judge says no, bring him back by Monday. The admin fires the lawyer AND the lawyers boss for not being "zealous" enough.

Rolling Stone: After President Donald Trump‘s Department of Homeland Security admitted that it deported an innocent Maryland man to an El Salvadoran mega-prison known for torture and human-rights abuses, White House Press Secretary Karoline Leavitt brushed off a judge’s order to bring him back.

“We suggest the judge contact President Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” Leavitt said in a statement on Friday, referring to El Salvadoran President Nayib Bukele.

Bukele responded to news posted by an X account called “End Wokeness” of the judge’s order by sharing a GIF of a confused cartoon bunny.