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Margot Cleveland Profile picture
@ProfMJCleveland
Aug 4, 2021 • 6 tweets • 2 min read • Read on X
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I'm digging more into impact of Biden Administration's failure to fully enforce Title 42 rule on border and this is an amazing tidbit. (March Order is 2020 March order by Trump Administration precluding entry/mandating quick removal.).
2/ But while Biden Administration claims Title 42 is necessary for public health reasons, it is doing its utmost to not use the authority to remove:
3/ See also:
4/ Some more shocking stats:
5/ And this is why @GregAbbott_TX is trying everything he can to protect Texans:
5/ Crisis. What crisis?

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More from @ProfMJCleveland

Margot Cleveland Profile picture
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 Profile picture
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 Profile picture
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! Image
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 Profile picture
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
Margot Cleveland Profile picture
Mar 15
🚨THREAD: Earlier this week Judge Ali (judge who ordered Trump to pay some $2 billion in contracts w/i 36 hours to have that order stayed by Roberts & then told by court to be more clear on who to pay & reasonable on time), entered a preliminary injunction as noted below.1/
2/ At time, I said order was confusing & in part merely ordered Trump to comply with law, but nonetheless said I expected immediate appeal. Well, gov't has filed status report saying still deciding on whether to immediately appeal and/or seek stay. Why? B/c they don't
3/ read order as really tying their hands. As status report explains, they are reviewing and paying for past work and since they would be doing that any way, absent court enter a pay now order, Trump can just plod ahead.
Read 10 tweets
Margot Cleveland Profile picture
Mar 14
🚨🚨🚨💣BREAKING: Fourth Circuit grants Trump Administration stay. Image
Image
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2/ This was case Court held hearing on earlier today about the DEI clause in contracts. So will they need to execute contracts as is?storage.courtlistener.com/recap/gov.usco…
3/ Here's the underlying background.
Read 4 tweets

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