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Items tagged with: SeparationOfPowers


Well, #Trump is now just regularly ignoring court orders.

On Friday, Judge Hollander asked #SocialSecurity Administration Commissioner #LelandDudek to appear at a hearing on April 15, tomorrow.

Tonight, the Trump admin says it will decline to make him available.

storage.courtlistener.com/reca…

#law #judiciary #SeparationOfPowers #AbuseOfPower


Via Nathan Kalman-Lamb

One of hundreds of people abducted by #ICE & sold to slavery in #ElSalvador was a 19 yr old with no criminal record in the US or Venezuela & no tattoos of any kind.

An ICE kidnapper who grabbed him outside his house said, "He's not the one."

The other said, "Take him anyway."

So they did.

#Trump #law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower
documentedny.com/2025/04/14/ic…


#MarcoRubio posted on social media that he sent 17 people to #CECOT in #ElSalvador overnight, he claims that they are all Tren de Aragua or MS-13 members.

If they were *deported* under the questionably legal (US is not at war) #AEA, then it was in violation of the court order. Otherwise they would have to have had final orders of removal.

#law #immigration #Trump #AlienEnemiesAct #Constitution #CivilRights #HumanRights #DueProcess #Judiciary #SeparationOfPowers #Rendition #Abduction


The oral arguments in the DC Circuit Court of Appeals for #Trump’s #AlienEnemiesAct appeal is will be live streamed starting at 1:30pm ET today.

You can watch here:
youtube.com/watch?v=4DoTLGECQS…

Or if you prefer to listen, audio will be available here:

media.cadc.uscourts.gov/record…

#law #Constitution #immigration #DueProcess #CivilRights #DualState #ConstitutionalCrisis #14thAmendment #5thAmendment #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower


AG #PamBondi incorrectly tells FauxNews that Judge #Boasberg in the Venezuelan #deportations case has "no right" to ask #DOJ when the planes departed & who was on them while determining whether the #Trump admin defied the court order:

"This judge has no right to ask those questions.… The judge had no business, no power to do what he did"

Wrong. So very wrong.

#law #Judiciary #ConstitutionalCrisis #AlienEnemiesAct #SeparationOfPowers #CoEqualBranchesOfGovernment #US #Constitution


#GOP *lawmakers* have unleashed an unprecedented flood of long-shot #impeachment articles aimed at federal judges who are standing in the way of #Trump's agenda.

James #Boasberg, chief judge of the DC District Court, is at least the fifth federal judge who is facing a #HouseRepublicans impeachment attempt after issuing a ruling unfavorable to the admin.

#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis


NEW STATEMENT FROM #SCOTUS CHIEF JUSTICE #JohnRoberts:

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."

#law #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower #Trump
nytimes.com/live/2025/03/18/us…


From Southpaw:

The #UnitedStates government under #Trump by all accounts is shipping these people into indefinite involuntary servitude in #ElSalvador without even the pretense of any #judicial process, much less duly convicting them of a #crime. It’s an enslaving operation.

It is #HumanTrafficking.

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower


Per Asha Rangappa:

Historical note: When President Lincoln *actually suspended* #HabeasCorpus under the Suspension Act of 1863, he was required to provide lists of all people detained who were not POWs to the circuit court. He complied. While prosecuting an *actual war*.

(Ex parte Milligan - law.cornell.edu/supremecourt/t…)

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #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


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


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


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


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


#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.”

🧵
#law #Constitution #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.

🧵
#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.

🧵
#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.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#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.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#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.

🧵
#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.

🧵
#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.

🧵
#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.

🧵
#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.

🧵
#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?

🧵
#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 ... ?"

🧵
#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