"Defendants—and their counsel—well know that the falsehood lies not in any supposed “premise,” but in their continued mischaracterization of the Supreme Court’s Order. ... Defendants’ objection reflects a willful and bad faith refusal to comply with discovery obligations. The objection is overruled." https://www.courtlistener.com/docket/69777799/100/abrego-garcia-v-noem/
This doesn't bode well for the DoJ attorneys or their clients in the Trump regime. 2/
BIG. In the Abrego Garcia matter, Judge Xinis is not having any of the Trump regime's guff regarding discovery in the contempt-related proceedings in her court. The plaintiffs had asked for a status conference to deal with the nonresponsiveness of the Trump executive to questions submitted by them. Xinis held conference today and issued a ruling which starts with this: 1/ #LawFedi
The Trump executive has been making it sound like it wrongly irregular for the plaintiffs to seek emergency relief from the Supreme Court because at the time it was sought the judge in the Northern District of Texas had not ruled on the matters the plaintiffs wanted the Supreme Court to address. But, as the plaintiffs argue, [T]he government argues that [plaintiffs] jumped the gun, but that claim cannot be squared with the facts on the ground." 2/
Whether or not he sincerely believes that the problematic actor in this case is the Supreme Court, because the majority issued an order against removal, Alito has given fodder for members and fans of the Trump regime to say that it is the Supreme Court that is the bad actor here, when of course the heinous, untrustworthy, lawless, and anti-constitutional actor is the Trump executive. 10/10
And of course the reason the plaintiffs were seeking emergency relief all day is because they had no reason to think the Trump regime wouldn’t be shipping people to El Salvador in the middle of the night, when it would be even more disruptive for the trial court just, as well as potentially futile, to be filing for an emergency TRO. 8/
Thus, Alito makes it sound like the plaintiffs foolishly or unreasonably waited until mid-afternoon to seek relief, when in fact they had been trying all day to get an emergency injunction from the trial court. 7/
Furthermore, the plaintiffs filed when they did in part because the district court had rejected their first TRO motion, lodged earlier in the day, based on the first reports that the Trump regime was boarding detainees onto buses to the airport, where they would then be flown to El Salvador. As more evidence of this came in, the plaintiffs filed the motion Alito is referring to. …6/
Law professor (emeritus), philosopher, progressive. Committed to rule of law and pluralistic democracy. Interests include art, books, history, science, cats, sharp wit. Boosts are not necessarily endorsements.