🧵 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.
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#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
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#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!!
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#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.
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#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.
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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 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.
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#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.”
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#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?
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#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?
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#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.
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#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?
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#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?
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#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.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct
"DOJ lawyer says that's what his client [#Trump] has instructed him to argue."
"I am only following orders"
#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.
#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"?
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#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!
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#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 ... ?"
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#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?
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#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.
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#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.
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#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.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
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.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#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.
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct
#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
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 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
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 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.”
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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
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/
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
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
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
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
#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
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
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
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
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
