As I mentioned in my just previous thread, see https://mastodon.social/@heidilifeldman/114560817993596803, there were two wild developments in the case today. This thread is about the Trump regime's motion for reconsideration of Judge Murphy's earlier findings and orders and a stay of these orders while the Trump regime appeals. 1/ #LawFedi
Not only is this absurd on its face, but if by some stretch of the imagination maintaining the migrants in DHS custody in South Sudan were so harmful, Murphy's orders themselves gave the Trump regime the option of returning the men to the U.S. and conducting proper credible fear hearings here. 5/
If keeping the plaintiffs in South Sudan is harming U.S. strategic interests Marco Rubio should tell Trump to order his DHS to stop this harm and return the migrants to the U.S. - not complain that somehow the court's protection of these immigrants' likely due process rights is somehow endangering the U.S. or interfering with the conduct of foreign policy. 6/
Per usual for the Trump-Bondi DoJ, the motion for reconsideration and stay goes on and on, making the now usual arguments: the court has no jurisdiction because of executive branch national security prerogatives; no jurisdiction bc case only concerns matters that are only to be heard in immigration court; even if court has jurisdiction, all due process requirements have been satisfied; etc. etc. 2/
Rubio claims, under oath, that Murphy's orders that the immigrants DHS shipped to South Sudan, likely in violation of their due process rights, have to be kept in the custody and control of DHS and given appropriate credible fear hearings are causing "significant and irreparable harm to U.S. foreign policy" by creating "negative consequences to important U.S. strategic interests" in Libya, South Sudan, and Djibouti. 4/
Presumably, appeals courts, including the Supreme Court, will reject Rubio's statement as any basis for vacating Judge Murphy's orders. But, we shall see.... 7/7