I wasn’t sure what Code Factory’s up to these days. Turns out they are selling kiosk overlays for restaurants and the like. The price? “it depends on the business.”

I meant to ask them about my expired Eloquence license, but it didn’t come up for some reason!

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

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

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.

🧵 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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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

#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.

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

#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."

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

#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

#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

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

#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

#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

#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