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Margot Cleveland

@ProfMJCleveland

Mar 17

🔥🔥🔥JUDGE: These are questions I want answers for & why you won't me:
1) How many planes departed US on Saturday carrying anyone based on Proclamation;
2) How many people in each category;
3) What foreign country/countries did they landed;
4) Time took off & wear; time you contend left US air space; what time landed in each country; what time transferred into that countries custody. 1/

2/ Judge asks Plaintiff if there are other questions that I should be asked?
Direct government to provide sworn declaration was subject to Proclamation to make sure government isn't basing it on Article II and saying that is basis.
DOJ: None of this is necessary because we complied with order.
Judge: I will require declaration on Proclamation regarding third flight.

3/ DOJ: Points out oral order is not the injunction. And transcript said saying I would memorialize gave DOJ good faith basis to base to wait for written order.
Judge: Quoting says you're saying "I'm telling you immediately turn planes around."
DOJ: Minute order controls.
Judge: You're telling me that very clear point is not an order.
DOJ: I'm telling you the government's position; and it wasn't in written order but so written order controls.
Judge: You knew that morning there would be a hearing at 5. So when I said directly turn plane around, because my written order was pithier, that can be disregarded.
DOJ: It isn't a matter of disregarded, it is a matter minute order controls.
Judge: So you're saying we were outside of airspace so no jurisdiction?
DOJ: No, "removal" happens when they left US, so that means they were already removed which is what the Court order.
Judge: Equitable power has extraterritorial reach, you can't violate it.NOTE: Judge is missing argument!

Read 8 tweets

Margot Cleveland

@ProfMJCleveland

Mar 17

🔥Trump Administration files response to Venezuela terrorists filing earlier today asking for details on flight. 1/

2/ storage.courtlistener.com/recap/gov.usco…

3/ WHOA!

Read 15 tweets

Margot Cleveland

@ProfMJCleveland

Mar 16

Thought experiment: If Trump orders flight & pilots are obeying President & if judge lacks authority to enter injunction against Trump (he does), can pilots follow order of Trump subordinate who Court ordered to turn flight around, OVER President who gave order to fly? 1/

2/ This is why I said I see Article 2 being a bigger point than Alien Enemies Act because NO matter the analysis under Alien Enemies Act, pilots can't disobey order of President because subordinate tells them to because judge told subordinate to.

3/ Also why reinstating executive officials was nuts & creates constitutional crisis. THERE, court didn't order Trump to reinstate but said to other Board members/staff you MUST treat them as Board member. But what if Trump said to them "you must NOT treat them as Board member"

Read 5 tweets

Margot Cleveland

@ProfMJCleveland

Mar 16

THREADETTE: Legacy media will undoubtedly frame this as Trump Administration ignore court order BUT that is not at all what order says. Two possibilities: 1) Planes had already landed in another country--then no violation at all OR 2) planes were in international air in which case

2/ Court would likely think in violation of TRO but a) if no jurisdiction, order is void so not ignoring it and could be no jurisdiction b/c no jurisdiction over habeas or no jurisdiction to order return once in international air or no jurisdiction to order Article II to return.

3/ OR appellate courts could well see this as a non-judicial political question which is not for a COURT to resolve. Watch for Judge to DEMAND Trump say if planes had landed, when, where, etc.

Read 4 tweets

Margot Cleveland

@ProfMJCleveland

Mar 16

🚨OMgosh...Judge in Hamas supporter habeas case (Khalil) seemed to have clerk just scanning venue statute for basis to keep case b/c he just filed notice directing parties to brief totally inapplicable sections. You'd think 1 of Khalil ~20 attorneys would have thought of them! 1/

2/ 1404(a) provides allows FOR transfer...that would be a different court transferring to THIS judge. It isn't a basis to allow THIS judge to not transfer. And that only allows for transfer "where it might have been brought," Khalil's habeas WAS brought hear but could not be!

3/ Only thing I can think of is ridiculous argument that "well, it could have been brought here if his attorney filed it during the few hours Khalil was in this jurisdiction AND I entered an order preventing transfer. BUT that doesn't work either b/c that would require

Read 10 tweets

Margot Cleveland

@ProfMJCleveland

Mar 15

🚨Update on Columbia Hamas advocate Khalil's Motion for Release pursuant to Mapp, filed early this morning. 1/

2/ Here's the full filing: storage.courtlistener.com/recap/gov.usco…

3/ There are several reasons why the Motion should be denied, first being that there is no habeas petition properly pending before the court because habeas jurisdiction exists only in district where Defendant is physically present & he is not present in S.D. New York.

Read 7 tweets

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