Be kinde to folk. This changeth the whole habitat.
- Manlobbi
Halls of Shrewd'm / US Policy
No. of Recommendations: 6
DOJ says it owes deported Venezuelans no due process, dares courts to intervene
The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The Supreme Court said then that individuals removed under the Alien Enemies Act must have the ability to contest their removal and have a meaningful opportunity and notice to do so before they are removed.
His December order required the Trump administration to submit to the court in writing its plans to provide due process to the class of migrants deported to El Salvador. Boasberg said the administration could do this by either returning the migrants to the U.S. to have their cases heard in person or facilitate hearings abroad with members of the class that "satisfy the requirements of due process."
"If, over defendants’ vehement legal and practical objections, the Court issues an injunction, defendants intend to immediately appeal, and will seek a stay pending appeal from this Court (and, if necessary, from the D.C. Circuit)," the Justice Department said.https://currently.att.yahoo.com/news/articles/doj-...That, people, is bald faced defiance of the Supreme Court. And we are only one year in to the reign of Trump the God.
Steve
No. of Recommendations: 2
DOJ says it owes deported Venezuelans no due process, dares courts to intervene
The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
Surely no lickspittles will defend the DOJ’s refusal to comply.
Surely…
No. of Recommendations: 2
I read the article, and I couldn't find where they defied a court order.
The administration said in their arguments that they think the plaintiffs are wrong, and that if the court rules in favor of the defendants they intend to appeal and request an immediate stay from higher courts.
Which is not the same thing as defying a court order, or even claiming that they're going to defy a court order. And this is a game they've played before - they're very aggressive in the language they use in court filings, but when there's actually a clear order interpreting the law that hasn't been stayed on appeal, they follow it.
No. of Recommendations: 4
The administration said in their arguments that they think the plaintiffs are wrong, and that if the court rules in favor of the defendants they intend to appeal and request an immediate stay from higher courts.
I don't even play a lawyer on TV, but, seems that SCOTUS held, months ago, that the people who were deported have a right to legal due process. With that question settled, the case went back to circuit court. The circuit court then ordered the DOJ to submit a plan to grant due process to the prisoners. DOJ is dressing up their answer in legalese, but their answer is "no".
And this is a game they've played before
Yes, it is. Straight out of the Trump playbook, going back long before he was POTUS: Make one claim. Run it all the way to SCOTUS, losing at every step. Then make another claim. Run that one all the way up to SCOTUS, losing at every step. Then make another claim. Wash, rinse, repeat. In this case, they ran the issue of whether the prisoners had a due process right all the way up, and lost. Now, they intend to run the issue of submitting the plan to implement due process all the way up. When they lose that one, they will raise another issue, and run that all the way up. Meanwhile, the people who were deported sit in prison, without any due process, year, after year, after year. Trump kept a Congressional subpoena for one of his aids hung up like this, for years. Someone once said "justice delayed is justice denied". Trump's tactics are intended to deny justice via infinite delay.
Now, circle back to Trump seizure of ballots and voting machines. Slow walk the investigations, while preventing the Dems who won in those districts taking their seats in Congress. Every suit filed gets the Trump treatment: hung up in litigation, for years. Trump the God ends up with an overwhelmingly MAGA Congress, because the Dems are prevented taking their seats.
Steve
No. of Recommendations: 2
The circuit court then ordered the DOJ to submit a plan to grant due process to the prisoners. DOJ is dressing up their answer in legalese, but their answer is "no".
Which complies with the order. The judge didn't order the government to do any specific thing. He ordered them to come back with what they proposed to do. The answer very well can be "nothing" - that the bell is already rung, the glass is already broken, there's nothing to be done. In which case the judge can issue an injunction ordering them to do one or several specific things that the judge has decided are constitutionally required. And the government is signaling that since, at this point, everything that might plausibly be done now has implications for their foreign policy in Venezuela that all of those options are off the table for the court to order.
You'll notice, however, that the government hasn't been sending any more detainees to CECOT this way. They're complying with the Court's determination that they couldn't do this specific thing - the dispute is about remedial measures for the folks they already did it to.
Now, circle back to Trump seizure of ballots and voting machines. Slow walk the investigations, while preventing the Dems who won in those districts taking their seats in Congress. Every suit filed gets the Trump treatment: hung up in litigation, for years.
Again, that's extremely unlikely. Election challenges don't work on normal court time. They're always heavily expedited. Unlike normal litigation, the courts don't let litigants slow walk election challenges. So that's very unlikely to work.
No. of Recommendations: 2
The answer very well can be "nothing" - that the bell is already rung, the glass is already broken, there's nothing to be done.
The issue may be moot if "glass is already broken", but that is not the case here. These men are not dead. They are sitting in prison.
In another thread, you said Trump backs down, when SCOTUS delivers an unambiguous order. For whatever reason, Google is not finding the exact case, so I can not read exactly what the court said. All I know is what the article linked to says, and what the net sifter says, that the court said the men have a right to legal due process. That seems unambiguous. But, the regime, in usual Trump fashion, is finding something to quibble about.
What this reminds me of, is the Bush regime's dance with prisoners at GITMO, nitpicking about how they were beyond the reach of US courts, or they were not entitled to due process, then the "military commissions" that were set up to give the color of due process were a farce because defense council was not allowed to see the prosecution's evidence. The men sat in GITMO for years, while case after case worked it's way up to SCOTUS. In the meantime, the Bush regime could show off the Islamic boogymen, sitting in prison, just as, now, the Trump regime can show off "illegals" sitting in prison. Noem even went down to CECOT to pose for publicity pictures with the prisoners. Maybe the publicity is the objective, to show how "strong" the regime is, and the men are simply expendable meat being used in pursuit of that objective?
Steve
No. of Recommendations: 2
Here are some more:
Trump admin declines judge’s request to return deported college student
A federal prosecutor in Massachusetts said Friday that the federal government will not return a 19-year-old college student who was deported over Thanksgiving despite a court order blocking her removal.
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Judge orders Trump administration to bring back 3 families deported to Honduras, other countries
SAN DIEGO (AP) — A judge says the federal government must return three families hurt by the first Trump administration's policy of separating parents from the children at the border, saying their deportations in recent months relied on “lies, deception and coercion."https://www.yahoo.com/news/articles/judge-orders-t...Is the regime going to keep appealing every one of these, all the way to SCOTUS? They have all the resources of the United States to keep pushing their whack-a-mole strategy, to infinity.
Steve
No. of Recommendations: 2
They have all the resources of the United States to keep pushing their whack-a-mole strategy, to infinity.Well, looks like those resources are already a bit stretched:
… Le, who, according to an NBC News review of court records, picked up 88 cases in less than a month, expressed frustration at her job during an immigration hearing Tuesday in Minneapolis, where the Trump administration is carrying out a sweeping immigration enforcement operation.
“The system sucks. This job sucks. I wish you could hold me in contempt so that I could get 24 hours of sleep,” Le said, according to reporting by Lou Raguse of NBC affiliate KARE. A person in the courtroom confirmed Le's remarks to NBC News.
Raguse, who was in the courtroom, reported that Le said it was like “pulling teeth” to get the Department of Homeland Security, Immigration and Customs Enforcement and the Justice Department to follow court orders. …https://www.nbcnews.com/politics/justice-departmen...
No. of Recommendations: 2
… Le, who, according to an NBC News review of court records, picked up 88 cases in less than a month, expressed frustration at her job during an immigration hearing Tuesday in Minneapolis, where the Trump administration is carrying out a sweeping immigration enforcement operation.
Six prosecutors in Minnesota have already resigned, and, reportedly, eight more are about to pull the plug. DHS can probably put more of Trump's beauty pageant contestants in their place, but judges seem to have had about enough of their incompetence.
But it all buys time, for the regime to carry on it's show of beating up brown people.
Steve
No. of Recommendations: 7
“The system sucks. This job sucks. I wish you could hold me in contempt so that I could get 24 hours of sleep,” Le said, according to reporting by Lou Raguse of NBC affiliate KARE. A person in the courtroom confirmed Le's remarks to NBC News.There is more to this story, than NBC reported. This from the Judge that the Prosecutor made the "sucks" comment to.
Judge: 'Overwhelming majority' of cases brought to him by ICE were for people lawfully in Minnesota
U.S. District Court Judge Jerry W. Blackwell said the "overwhelming majority" of people brought to his court by U.S. Immigration and Customs Enforcement (ICE) and Customs & Border Protection (CBP) since the Trump administration's crackdown started have been "lawfully present" in the country.
It backs up the growing number of witness accounts and victim testimonies that the federal operation has expanded way beyond the supposed scope of targeting undocumented immigrants with violent criminal histories, with refugees, legal permanent residents, and even U.S. citizens being swept up in the crackdown.
"The overwhelming majority of the hundreds seen by this court have been found to be lawfully present," Blackwell said during the Feb. 3 hearing in St. Paul. "They live in their communities. Some are separated from their families."https://currently.att.yahoo.com/news/articles/judg...This trend toward government terrorism of civilians was foreseen by the General Rants over 20 years ago. For several years, people on the Fool were urged to get their papers in order, because this day was coming.
Any bets that investigation of the small business "fraud" in LA, will amount to phalanxes of ICE storm troopers invading and vandalizing only the businesses owned by people of color?
Steve
No. of Recommendations: 1
Any bets that investigation of the small business "fraud" in LA, will amount to phalanxes of ICE storm troopers invading and vandalizing only the businesses owned by people of color?
In the meantime, the massive waste, fraud and abuse being perpetrated by Trump and his cronies is just fine. SO MUCH CORRUPTION!
So much hypocrisy.
