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
