#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?
#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
#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
#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?
#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?
#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 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.
#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 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
#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 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
#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 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
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.
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.
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.
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.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.24.0_2.pdf
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