🔥Trump Administration files response to Venezuela terrorists filing earlier today asking for details on flight. 1/
3/ WHOA!
3/ DOJ's position is oral ruling was NOT a governing injunction. Cites case law. Also, DOJ acknowledges oral order was broader than minute order and says minute order controls.
4/ Sounds like Trump may have given a separate order beyond the Proclamation.
5/ Once outside territory they were already "removed" DOJ argues so they didn't violate TRO that said you can't "remove" them.
6/ I'm confused here if the DOJ is saying removed based on Aliens Act but not Proclamation or NOT Aliens Act.
7/ DOJ won't tell Court what happened after outside airspace because concerns foreign relations.
8/ DOJ now brings Article II point which I saw as being strongest for the "turning around the planes" aspect of the dispute.
9/ In short: "With all due respect, your Honor, Step Off!"
10/ Link. Concluding/Overall thoughts to follow. storage.courtlistener.com/recap/gov.usco…
1/ And Judge counters: Hell no!
12/ Judge likely noted that the filing did NOT say the two flights were outside of US Territory AFTER the minute order was entered. Note the word choice: "As to any flights..."
13/ He will also likely asked if the 3rd flight involved Aliens Enemy Act removal or other removal because Trump could have ordered them removed/made same findings just not in the proclamation.
14/ Judge is going to be pissed over several things...more later.
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