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1. Embed this notice
   Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 05:57:22 JST Nonilex

   In a brazen display of defiance, #Trump’s #DOJ filed papers less than two hours before the 5PM hearing, telling Judge James E. #Boasberg that there was no reason for anyone to come to court because the administration was not going to provide any further information about the #deportation flights.

   https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.24.0_2.pdf

   #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

   • Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 05:57:21 JST Nonilex

     in reply to

     In another remarkable move, the DOJ wrote a letter to the federal appeals court that sits over Judge #Boasberg, asking it to remove him from the case entirely given what they falsely described as his “highly unusual & improper procedures.”

     The two government filings came on a day of extraordinary resistance to the court by the #Trump admin, which has said that it has not violated Boasberg’s order stopping the flights, but also that he had no authority to issue it in the first place.

     #law

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:21:11 JST Nonilex

     in reply to

     ICYMI, this stmnt from #Trump’s US AG #PamBondi is incredible:

     "Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans.…This order disregards well-established authority regarding Trump's power, & it puts the public & law enforcement at risk. The DOJ is undeterred in its efforts to work w/the WH, the DHS, & all of our partners to stop this invasion & Make America Safe Again.”

     The issue is compliance w/the #law & has nothing to do with “support” of terrorists.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:21:12 JST Nonilex

     in reply to

     Judge #Boasberg responded to #DOJ’s Monday motion to vacate the 5PM hearing:

     The Court ORDERS that Defendants' 24 Motion to Vacate is DENIED. The hearing will proceed as scheduled. So ORDERED by Chief Judge James E. Boasberg on 3/17/2025.

     So, it should start in about 5 minutes.

     #law #Constitution #14thAmendment #5thAmendment #DueProcess #Venezuela #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #Trump #AbuseOfPower

     Steve's Place and mark repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:20 JST Nonilex

     in reply to

     #Boasberg gets the #DOJ to confirm the 5 individual named plaintiffs, which were the subject of his first TRO, are still here.

     Boasberg asks "How many planes departed the US at any point on Saturday carrying any people being deported solely on the basis of the proclamation."

     DOJ refuses to answer!!

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:21 JST Nonilex

     in reply to

     🧵 coverage of Judge #Boasberg’s hearing via Aaron Reichlin-Melnick:

     Chief Judge Boasberg begins the hearing. Lee Gelernt & others from the #ACLU are there in person, along with others from #DemocracyForward.

     For the government, appearing are Abishek Kambli & August Flentje.

     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:21 JST Nonilex

     in reply to

     #Boasberg begins by saying today's hearing is not about the merits of his TROs issued on Sat. He says the sole reason he's here is fact-finding about the govt's #compliance w/his orders. He notes the govt asked the DC Circuit to stay this hearing & asked that he be removed.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:21 JST Nonilex

     in reply to

     #Boasberg says he wants to focus on the timelines involved. He says, again, "I just want to obtain some facts here, I'm not planning to issue any rulings about the government's conduct today, it's just to get information." He says the ACLU can raise any objections to the facts if they have them

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:57 JST Nonilex

     in reply to

     #Boasberg is now questioning the government about the other 2 flights, which the government itself somewhat mentioned in its orders.

     The government continues to refuse to disclose any information. Boasberg asks why it can't be said outside of the public, & the #DOJ attorney refuses to say why.

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:58 JST Nonilex

     in reply to

     #Boasberg is now asking about a third flight identified by the #ACLU that they were asking about, which is I believe what the last bit was about. He gets the #DOJ to confirm no one on that plane was subject to the #AEA proclamation.

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

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   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:22:59 JST Nonilex

     in reply to

     #DOJ says that the only thing they are authorized to say is that the two flights which took off after the written order were not relevant to this case (which I guess is saying they had no one subject to the #AlienEnemiesAct #AEA on board?). He then claims #NationalSecurity & diplomacy mean he won't answer further.

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:29:53 JST Nonilex

     in reply to

     #Boasberg’s questions for #DOJ:

     1. How many planes departed the US at any time on Saturday carrying any people being deported solely on the basis of the proclamation?

     2. How many people in that category were on those planes?

     3. What foreign countries did those planes land in?

     4. What time did the planes leave the US?

     5. What time did they enter foreign airspace?

     6. What time did they land?

     7. What time were those individuals transferred into foreign custody?

     🧵
     #law #Constitution #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:29:54 JST Nonilex

     in reply to

     #Boasberg cites case law that the govt is required to provide a clear reason before refusing to provide him classified or national security info.

     He asks if the #DOJ can provide in writing tomorrow by noon what their position is communicating the info to him.

     Boasberg to the DOJ: "Let me just tell you the questions that I wish you could answer, & that I will be asking you.”

     🧵
     #law #Constitution #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

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   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:29:55 JST Nonilex

     in reply to

     #Boasberg points out he gets classified info all the time "Why are you showing up today & not having answers as to why you can't disclose it?”

     He points out that if the answers are classified, fine, just tell him.

     Boasberg remains incredulous at the fact that the govt won't even tell him why they won't tell him how many flights took off. #DOJ says all he can say is that the flights took off before his order, & he suggests that's not relevant to #compliance.

     🧵
     #law #Constitution #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:34:33 JST Nonilex

     in reply to

     #Boasberg now asks Lee Gelernt of the #ACLU is there are any other questions that should be asked, & asks him if he objects to the timing of a hearing tomorrow at noon to explain why they won't tell him the information.

     Lee says "we're getting very close" to a #ConstitutionalCrisis.

     the audio is unclear Lee's comments aren’t all relayed. He says it appears there is an admission that there may have been a flight which left after the order? the third flight?

     🧵
     #law #Constitution #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:34:59 JST Nonilex

     in reply to

     #Boasberg: "The inquiry here is 'have they obeyed my order?'”

     Boasberg notes #DOJ says they're representing no one on the third flight was subject to the #AEA, so Lee asks that they submit a sworn declaration.

     Lee notes the govt is distinguishing between the AEA proclamation & a claimed inherent presidential authority, & asks for more on that.

     🧵
     #law #Constitution #immigration #Venezuela #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:38:12 JST Nonilex

     in reply to

     #DOJ at first says they would be willing to submit a declaration but goes back their argument that they didn't violate the order, but then pushes back & says they won't until they can argue that they don't have to disclose any info at all.

     #Boasberg asks for that to be part of noon tmw filing

     Boasberg moves on to the core issue:

     Did the #Trump admin violate the court’s order?

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:41:40 JST Nonilex

     in reply to

     #DOJ argues that the written order issued 40mins later supersedes anything said orally, & says that the DOJ "on good faith" only viewed the written order as binding, not what #Boasberg said in court.

     Boasberg notes he said “you shall inform your clients immediately” ... that any planes that are going to take off, or are in the air, shall be turned around….

     He asks "You're telling me your first argument" is that didn't apply because it wasn't in the minute order?

     🧵
     #law #Constitution #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:42:51 JST Nonilex

     in reply to

     #Boasberg again gets #DOJ to confirm that they are arguing that because he didn't include every word of that language in the written order, they could simply ignore what he said.

     DOJ lawyer says that's what his client [#Trump] has instructed him to argue. Boasberg is incredulous & keeps pushing back.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:47:07 JST Nonilex

     in reply to

     #Boasberg says "so when I said directly turn the plane around, you read it because my written order was pithier, this could be disregarded? That's a heck of a stretch."

     #DOJ then basically says that's what they're arguing, then pivots to the international waters argument.

     Boasberg explores the argument about being outside the US. He asks whether the DOJ is arguing that because the plane was outside US airspace, his order did not apply.

     🧵
     #law #Constitution #Judiciary #AbuseOfPower #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:49:47 JST Nonilex

     in reply to

     #DOJ says “no”, "removal" had already happened because they had already left US airspace.

     #Boasberg says "the equitable power of the United States courts is not so limited," saying it's "pretty clear" that even if the enjoined acts were outside the territory of the US, you can't violate it.

     "What argument do you have the equity stops at this country's borders"?

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:52:10 JST Nonilex

     in reply to

     #DOJ attorney begins saying the #law generally doesn't apply extraterritorially, and #Boasberg stops him, emphasizing that the question here is about his own equitable powers, not the Immigration and Nationality Act.

     DOJ says the people had physically been removed so he no longer had jurisdiction.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:54:01 JST Nonilex

     in reply to

     #Boasberg says just return the planes then figure out the answer, rather than simply ignoring the order.

     #DOJ then says that isn't what they're arguing & then shifts to their third argument, which is inherent presidential authority to move military forces.

     /again, these were not #military flights!

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:54:02 JST Nonilex

     in reply to

     #Boasberg responds to that: "Isn't the response what you think is unconstitutional or improper or illegal injunction to seek modification or appeal?"

     #DOJ says "when the planes are in the sky and there is sensitive national security, that's not a call that can be made."

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

     Steve's Place repeated this.
   • Embed this notice
     Steve's Place (steter@mastodon.stevesworld.co)'s status on Tuesday, 18-Mar-2025 06:59:33 JST Steve's Place

     in reply to

     @Nonilex Was there a hearing? Can the DoJ even assert that they are all gang members? This is incredible overreach.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:59:34 JST Nonilex

     in reply to

     #DOJ is now arguing that this is a #ForeignPolicy issue & claims that the US would suffer if any TdA member weren't deported.

     "I'm not calling into the question the government's foreign policy ... I'm just asking how you think my equitable powers do not attach to the plane ... ?"

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 06:59:58 JST Nonilex

     in reply to

     Wow. #DOJ is arguing that #Trump has authority OUTSIDE the #AlienEnemiesAct in #InternationalWaters "that would not be subject to either orders."

     #Boasberg seems skeptical at a minimum, & asks if the president's foreign power exists only once the plane crosses into international airspace?

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:42 JST Nonilex

     in reply to

     #Boasberg then asks the government about another issue; when was the Proclamation actually signed?

     The #DOJ atty says that he does not have any information right now as to when the proclamation was signed, & Boasberg asks him to submit that information as well by noon tomorrow, & for the DOJ to provide an argument for when the proclamation went into effect.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:42 JST Nonilex

     in reply to

     #Boasberg then asks how many people are subject to the proclamation & how many people are currently in #ICE custody.

     #DOJ says they don't have it. #ACLU also says they don't have it, & points out that the proclamation is vague enough that it's hard for anyone to figure out who is subject.

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

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   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:42 JST Nonilex

     in reply to

     Lee then says they're going to argue that the government should be required to give anyone subject to the #AEA a hearing before finding that they're covered, & they'll be seeking that later.

     #Boasberg orders #DOJ to say how many people are designated under AEA. DOJ says again they may refuse.

     🧵
     #law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

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   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:43 JST Nonilex

     in reply to

     Lee Gelernt says it's "implausible" that they didn't believe they were bound by what #Boasberg said in court, but even if they did, it was obvious that the only proper action was to go back to the court & seek clarification or turn the plane around & appeal.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:44 JST Nonilex

     in reply to

     #Boasberg points out again that his equitable powers as a judge do not stop at the U.S. border lines or in international airspace.

     He pauses & says this is a complex question & it would be better to be arguing them on the basis of the #facts, pointing out again #DOJ didn't give them the facts.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:44 JST Nonilex

     in reply to

     #Boasberg then moves to Lee Gelernt of the #ACLU, asking him whether he wants to respond, & noting again that he doesn't plan to issue any rulings today about whether the order was violated.

     Lee begins by pointing out the best way to deal with a #TRO they disagreed with was to obey & then appeal.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:45 JST Nonilex

     in reply to

     #Boasberg asks "You're saying that the president somehow has extra powers over a plane once it enters international airspace once it leaves US airspace?"

     #DOJ basically says yes, then starts repeating previous arguments.

     🧵
     #law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:17:59 JST Nonilex

     in reply to

     #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

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:18:27 JST Nonilex

     in reply to

     #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

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 07:18:28 JST Nonilex

     in reply to

     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

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     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 09:36:36 JST Nonilex

     in reply to

     • Steve's Place

     @steter

     No. The Alien Enemies Act suspends Habeas Corpus; Due Process.

   • Embed this notice
     Steve's Place (steter@mastodon.stevesworld.co)'s status on Tuesday, 18-Mar-2025 09:36:36 JST Steve's Place

     in reply to

     @Nonilex Swell. So anyone can be disappeared on Trump's whims, without any proof of wrongdoing of any kind, and there is no way to respond to that, other than to overthrow the dictator?

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Tuesday, 18-Mar-2025 10:18:04 JST Nonilex

     in reply to

     • Paul Lalonde

     @Flux

     As fucked up as it is, judges depend upon the executive branch to enforce court decisions.

     https://www.uscourts.gov/about-federal-courts/court-role-and-structure

   • Embed this notice
     Paul Lalonde (flux@wandering.shop)'s status on Tuesday, 18-Mar-2025 10:18:05 JST Paul Lalonde

     in reply to

     @Nonilex who would be responsible to enforce the seemingly inevitable contempt charges?

     Paul Cantrell repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:31 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #AlienEnemiesAct #CivilRights #Trump

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     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:32 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #14thAmendment #5thAmendment #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

     Rich Felker, Paul Cantrell, Infoseepage and mark repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:34 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:34 JST Nonilex

     in reply to

     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."

     #law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:35 JST Nonilex

     in reply to

     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

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:35 JST Nonilex

     in reply to

     #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]

     #law #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:36 JST Nonilex

     in reply to

     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

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:36 JST Nonilex

     in reply to

     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

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:37 JST Nonilex

     in reply to

     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/

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 01:59:37 JST Nonilex

     in reply to

     NEW. The #Trump admin files its notice w/ Judge #Boasberg, saying:

     1. Everyone on the third plane had a final order of removal, so was not deported under the #AEA

     2. The Proclamation was signed Friday but didn't go into effect until posted on the WH website

     3. #ICE alleges there are 258 known #TdA members in the US

     #law #Constitution #AlienEnemiesAct #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

   • Embed this notice
     Rich Felker (dalias@hachyderm.io)'s status on Wednesday, 19-Mar-2025 02:00:02 JST Rich Felker

     in reply to

     @Nonilex It's outsourced concentration camps. Say it. Concentration camps.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 03:54:38 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 03:54:39 JST Nonilex

     in reply to

     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)

     #law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 08:08:16 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #HumanTrafficking #Slavery

     HistoPol (#HP) 🏴 🇺🇸 🏴 repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 08:08:16 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #HumanTrafficking #Slavery

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 08:08:17 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #HumanTrafficking #Slavery

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Wednesday, 19-Mar-2025 08:08:18 JST Nonilex

     in reply to

     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:

     Aral Balkan and Børge repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Thursday, 20-Mar-2025 01:00:00 JST Nonilex

     in reply to

     “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.

     #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #CoEqualBranchesOfGovernment #ConstitutionalCrisis #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Thursday, 20-Mar-2025 01:00:01 JST Nonilex

     in reply to

     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/

     HistoPol (#HP) 🏴 🇺🇸 🏴 repeated this.
   • Embed this notice
     Steve's Place (steter@mastodon.stevesworld.co)'s status on Thursday, 20-Mar-2025 01:15:03 JST Steve's Place

     in reply to

     @Nonilex If the courts remain dazzled by the dictator, for the love of everything decent, may they please hold the smarmy lawyers in contempt with some meditative moments in jail to think about their life choices.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Thursday, 20-Mar-2025 01:15:04 JST Nonilex

     in reply to

     “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].

     #law #Constitution #AlienEnemiesAct #Judiciary #ConstitutionalCrisis #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Thursday, 20-Mar-2025 03:32:45 JST Nonilex

     in reply to

     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.

     #law #Constitution #AlienEnemiesAct #Judiciary #ConstitutionalCrisis #Trump

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Thursday, 20-Mar-2025 03:32:46 JST Nonilex

     in reply to

     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

     #law #Constitution #AlienEnemiesAct #ConstitutionalCrisis

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:16:18 JST Nonilex

     in reply to

     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.

     #law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower

     Paul Cantrell, Warner Crocker and Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:16:19 JST Nonilex

     in reply to

     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

     Steve's Place and Paul Cantrell repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:16:20 JST Nonilex

     in reply to

     #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/

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:16:21 JST Nonilex

     in reply to

     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.

     #law #Judiciary #ConstitutionalCrisis #AlienEnemiesAct #SeparationOfPowers #CoEqualBranchesOfGovernment #US #Constitution

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:16:21 JST Nonilex

     in reply to

     NEW

     #Trump #DOJ filed a reply in support of emergency motion for a stay pending appeal —an attempt to block Judge #Boasberg's #TRO

     https://storage.courtlistener.com/recap/gov.uscourts.cadc.41845/gov.uscourts.cadc.41845.01208721711.0.pdf

     #law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:39:09 JST Nonilex

     in reply to

     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.

     #GiftArticle

     #law #Constitution #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

     Paul Cantrell and Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 04:43:52 JST Nonilex

     in reply to

     #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.

     #immigration #Constitution #DueProcess #CivilRights #ConstitutionalCrisis

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 05:46:57 JST Nonilex

     in reply to

     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 state-secrets privilege.…

     #Trump #law #AlienEnemiesAct #ConstitutionalCrisis

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 05:46:58 JST Nonilex

     in reply to

     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.

     #Trump #Boasberg #law #Constitution #immigration #AlienEnemiesAct #ChecksAndBalances #Judiciary #SeparationOfPowers #ConstitutionalCrisis #AbuseOfPower

     Paul Cantrell repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 05:46:59 JST Nonilex

     in reply to

     #NEW

     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

     #Trump #law #Constitution #AlienEnemiesAct #Judiciary #SeparationOfPowers #ConstitutionalCrisis

     Steve's Place and Mr. Bill repeated this.
   • Embed this notice
     Steve's Place (steter@mastodon.stevesworld.co)'s status on Friday, 21-Mar-2025 08:02:36 JST Steve's Place

     in reply to

     • Wiley Miller

     @Nonilex @Wileymiller In state courts. Preferably those where the prosecutors aren't sleeping with each other, or providing any other pretext for Trump's legal stalling team to do what it does best.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Friday, 21-Mar-2025 08:02:37 JST Nonilex

     in reply to

     • Wiley Miller

     @Wileymiller

     I personally think the most effective path would be not to attempt to penalize Trump, Rubio or Noem, but rather the individual ofcls & ICE agents carrying out the admin’s illegal orders.

     We know #Trump et al won’t actually put in jail, but if the people “just following orders” are held in contempt & then stop following orders, the illegal acts will stop.

     It’s not like Trump, Rubio or Noem are going to kick doors & fly immigrants out of country themselves.

     #law

   • Embed this notice
     Wiley Miller (wileymiller@mastodon.social)'s status on Friday, 21-Mar-2025 08:02:38 JST Wiley Miller

     in reply to

     @Nonilex

     Here's a serious question...a very serious question...what will Judge Boasberg do if they ignore both directives? This is an all-too possible scenario.

   • Embed this notice
     mark (atleagle@mastodon.online)'s status on Saturday, 22-Mar-2025 04:07:45 JST mark

     in reply to

     @Nonilex these lawyers repeating obvious bs need to go to jail for contempt. And keep piling them up until we find someone (and the admin allows) to tell the truth.

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:46 JST Nonilex

     in reply to

     #Boasberg: "Why was this proclamation essentially signed in the dark? ...And then have people rushed onto planes? TO me, the only reason to do that is to” rush people out of the country before a suit is filed.

     #DOJ: "I don't have operational details"
     [FFS 🤦🏼♀️ that’s what this & the last several hearings & orders have been about! argh!!!]

     🧵 #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

     Mr. Bill repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:47 JST Nonilex

     in reply to

     #Boasberg: "I often tell my clerks before they go out into the world & practice law that the most valuable" attributes they have are "their reputation & their credibility.”
     [burn]

     Boasberg moves on to the underlying case. He says that nobody contests the President's ability to oversee #ForeignAffairs.

     [of course this was not a foreign affair but domestic #immigration policy operation]

     🧵 #law #Constitution #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:47 JST Nonilex

     in reply to

     #Boasberg: “It is also clear that individuals must have a chance to show that they are members of a class that #AEA" affects.

     #DOJ finally concedes that the government has legal avenues for deporting people subject to the #AlienEnemiesAct & that the court has allowed the #Trump admin to do so.

     [you know, the way it is supposed to be done]

     [TYVM]

     🧵 #law #Constitution #immigration #DueProcess #Judiciary #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:48 JST Nonilex

     in reply to

     Judge #Boasberg’s hearing has started on #DOJ’s motion to vacate his #TRO barring the #Trump admin from carrying out any further #AlienEnemiesAct #deportations.

     Boasberg starts off, telling DOJ that they have been using "disrespectful, intemperate language" that he's "never seen from the United States"

     "Without having any edge, I made it very clear what you had to do. Did you not understand my statement from that hearing?" Boasberg asks

     🧵 #law #Constitution #immigration #DueProcess #Judiciary

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:48 JST Nonilex

     in reply to

     #Boasberg asks #DOJ about his order to return the detainees to the US:

     “You understood that?”

     DOJ’s atty says that what he told the trump admin – is covered by #AttorneyClientPrivilege.

     Judge Boasberg says that at the start of Sat’s hearing, the DOJ told him that it had "no detail" on the removal flights.

     "No one told you anything about those flights?" Boasberg asked.

     [btw, this was publicly available information via flight tracker]

     🧵 #law #Constitution #immigration #DueProcess #Judiciary

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:49 JST Nonilex

     in reply to

     The privilege would allow the govt to withhold evidence on the grounds that it could compromise national security. #Boasberg has repeatedly expressed skepticism that this privilege applies if for no other reason than everything about the #deportations were broadcast by #Trump & the admin on social media.

     After reviewing #ToddBlanche’s declaration, Boasberg scheduled a hearing for 2:30PM today, & said the govt must decide by Tues whether it would be invoking the privilege.

     #law #immigration

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:50 JST Nonilex

     in reply to

     The #Trump admin is back in court this afternoon before Judge #Boasberg who is seeking detailed info about the govt’s defiance of his court order to return #Venezuelans deported under the #AlienEnemiesAct.
     
Boasberg—who isn’t some small time judge as Trump & the DOJ are saying, but rather the chief judge for the US District Court for the DV—on Thurs called the info the govt had provided him after multiple hearings & orders “woefully insufficient” (see earlier in this 🧵 for entire quote).

     #law

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:50 JST Nonilex

     in reply to

     This morning, Dpty AG (& fmr #Trump #criminal defense atty who lost the case that resulted in Trump becoming the first convicted #felon to be elected POTUS in history) #ToddBlanche submitted a sworn declaration at confirming that there are ongoing Cabinet-level discussions that Blanche is involved in about whether the admin will invoke the “#StateSecrets privilege” to shield some info from the court.

     #law #Constitution #immigration #AlienEnemiesAct #Judiciary #SeparationOfPowers

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:51 JST Nonilex

     in reply to

     “[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 #Boasberg #law #Constitution

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:51 JST Nonilex

     in reply to

     #Trump doubling (tripling? quadrupling?…) down on #illiberal #authoritarian #StochasticTerrorism toward the #judiciary even going after conservative #SCOTUS Chief Justice #JohnRoberts (see pic).

     #Boasberg #law #Constitution #ConstitutionalCrisis #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:52 JST Nonilex

     in reply to

     “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.“

     #Trump #Boasberg #law #Constitution

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:53 JST Nonilex

     in reply to

     “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.

     #Trump #Boasberg #law #Constitution #immigration #AlienEnemiesAct #ChecksAndBalances #Judiciary #SeparationOfPowers #ConstitutionalCrisis #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:53 JST Nonilex

     in reply to

     “[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.'

     #Trump #Boasberg #law #ConstitutionalCrisis

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:07:53 JST Nonilex

     in reply to

     “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]

     #Trump #Boasberg #law #immigration #AlienEnemiesAct #ConstitutionalCrisis

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:19:39 JST Nonilex

     in reply to

     #Boasberg: Within only a couple of hours planes cleared US airspace, all of these people were put on these flights & collected & the flights had taken off.

     "ICE had to have had advance notice of this proclamation because it's impossible that this could have happened in a few hours"

     #DOJ says that seems like "a reasonable inference”

     [I’ll boost a post I made 3 days ago with a graphic of the timeline]
     🧵 #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:22:14 JST Nonilex

     in reply to

     #Boasberg: let's talk about whether #HabeasCorpus is the sole avenue of review

     [hopefully we will soon hear about #judiciary #power & the #Trump admin’s defiance of the courts]

     #DOJ keeps trying to argue that the challenge in this case would strip the govt, somehow, of its authority to detain people.

     [not if they do it without breaking the law]

     Boasberg, incredulous: this is about removal, isnt it? [not detention]

     🧵 #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:22:15 JST Nonilex

     in reply to

     #DOJ returns to the idea that individual people can raise challenges under #HabeasCorpus.

     [not exactly an option for people who are already in an El Salvadorian terrorist detention center!]

     #Boasberg compares this to the old #Guantanamo cases, in which the courts were able to review whether a detainee was a member of Al Qaeda even if "they had never even set foot in the United States"

     🧵 #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:22:16 JST Nonilex

     in reply to

     #Boasberg begins questioning #DOJ on #DueProcess infringements:

     “What happens if govt removes someone who is not a member of Tren de Aragua?”

     DOJ cites a case from 1946.

     Boasberg asks what limits the DOJ thinks there are for determining who is subject to the #AlienEnemiesAct proclamation.

     DOJ allows for very limited #HabeasCorpus.

     🧵 #law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:29:46 JST Nonilex

     in reply to

     #Boasberg asks what standard of review the #DOJ uses to determine if a deportee is subject to the #AlienEnemiesAct

     DOJ cites war powers, foreign policy, other areas where, the atty argues, courts have recognized that "where review is available in court, it's done deferentially"

     Boasberg: "Are you going to tell each person that's going to be deported" that they have the right to a challenge? WHAT IS THE COURT’S ROLE in ensuring deportees are subject to the AEA before they end up in El Salvador?

     Steve's Place repeated this.
   • Embed this notice
     Nonilex (nonilex@masto.ai)'s status on Saturday, 22-Mar-2025 04:35:51 JST Nonilex

     in reply to

     #Boasberg reminds the #DOJ that #Congress created a court for exactly this -- the Alien Terrorist Removal Court. It has never been used.

     FYI: Boasberg was Chief Judge of The Alien Terrorist Removal Court 2020–2025 →

     https://www.fjc.gov/history/courts/alien-terrorist-removal-court-judges

     Boasberg asks about #DueProcess rights to aliens within the #US

     DOJ argues their rights are "quite limited"

     🧵 #law #Constitution #immigration #AlienEnemiesAct #Judiciary #Trump #AbuseOfPower