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
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
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
Here's the government's notice:
storage.courtlistener.com/reca…
And here's the accompanying declaration with the data:
storage.courtlistener.com/reca…
#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess#Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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
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
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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
#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.
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#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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #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.
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #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!!
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
🧵 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
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
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.
storage.courtlistener.com/reca…
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
