“[The govt] submitted a 6-paragraph declaration from the Acting Field Office Director for Enforcement & Removal Operations at ICE's Harlingen, TX, Field Office…. After 4 paragraphs of identifying info, he repeated the same general info about the flights: 'On March 15, 2025, 2 flights carrying aliens being removed under the #AEA departed US airspace before the Court's minute order of 7:25PM EDT, & before the Court's oral statements during the hearing.'
“He then stated, 'I understand that Cabinet Secretaries are currently actively considering whether to invoke the #StateSecrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours.'
“This is woefully insufficient.”
[a seriously scripted declaration]
#Trump #Boasberg #law #immigration #AlienEnemiesAct #ConstitutionalCrisis
“To begin, the Govt cannot proffer a regional ICE ofcl to attest to Cabinet-level discussions of the #StateSecrets privilege; indeed, his declaration on that point,…is based solely on his unsubstantiated 'understand[ing].' Although its skepticism concerning the suitability of such privilege…remains, the Court at a minimum requires an ofcl w/direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests.“
“[The Court] further expects such deliberations to be concluded by March 25, 2025, which only exceedingly good cause may excuse.
“In addition, to avoid further delay, the Court will require Defendants to show cause on the facts that they have already disclosed as to why the failure to return the class members aboard the 2 earliest planes did not violate the Court's TROs. Further supplementation may be required once particulars are ultimately disclosed.”
#Trump doubling (tripling? quadrupling?…) down on #illiberal #authoritarian #StochasticTerrorism toward the #judiciary even going after conservative #SCOTUS Chief Justice #JohnRoberts (see pic).
#Boasberg #law #Constitution #ConstitutionalCrisis #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower
The #Trump admin is back in court this afternoon before Judge #Boasberg who is seeking detailed info about the govt’s defiance of his court order to return #Venezuelans deported under the #AlienEnemiesAct.
Boasberg—who isn’t some small time judge as Trump & the DOJ are saying, but rather the chief judge for the US District Court for the DV—on Thurs called the info the govt had provided him after multiple hearings & orders “woefully insufficient” (see earlier in this 🧵 for entire quote).
#law
This morning, Dpty AG (& fmr #Trump #criminal defense atty who lost the case that resulted in Trump becoming the first convicted #felon to be elected POTUS in history) #ToddBlanche submitted a sworn declaration at confirming that there are ongoing Cabinet-level discussions that Blanche is involved in about whether the admin will invoke the “#StateSecrets privilege” to shield some info from the court.
#law #Constitution #immigration #AlienEnemiesAct #Judiciary #SeparationOfPowers
Edited 107d ago
The privilege would allow the govt to withhold evidence on the grounds that it could compromise national security. #Boasberg has repeatedly expressed skepticism that this privilege applies if for no other reason than everything about the #deportations were broadcast by #Trump & the admin on social media.
After reviewing #ToddBlanche’s declaration, Boasberg scheduled a hearing for 2:30PM today, & said the govt must decide by Tues whether it would be invoking the privilege.
Edited 107d ago
@Nonilex
Do I understand correctly that this privilege does not in fact allow the DOJ to withhold evidence from examination by the judge to verify that privilege is warranted?
It’s a delay tactic. Boasberg has clearance to see classified & top secret stuff & does so regularly. He’s the chief judge at the DC federal court FFS.
The longer the all goes on the less likely the deportees will be able to be returned. The ones who weren’t gang members are in very real danger of getting killed in CECOT.
Also while the admin’s actions & their application of AEA is being contested, they’re continuing to deport people by saying nothings been decided yet.