After our win in the Michigan Supreme Court and remand back to the Court of Claims, the University filed a motion to dismiss. This morning, it was denied.
The University's principal argument since the beginning was that the gift agreement between Tanton and UM served to insulate the sealed papers from FOIA.
Today, they lost that argument.
We had asked the Court to order UM to provide a Vaughn index, a log that identifies each document and states what exemption applies and why. It would be a good way to get an idea of what's in the sealed boxes.
At a prior hearing in July, we agreed to let the Court decide all the other issues besides the Vaughn index, in case the Court would dismiss the case and render the Vaughn index moot. (Vaughn indices are notoriously laborious).
Today, thanks to the skillful lawyering of @olcplc, the Court lifted the stay on that order, and ordered UM to provide the Vaughn index within 28 days.
Icing on the cake: the Court ruled that 3 of the boxes (15 - 17) - UM waived whatever right they had to seal them under the agreement because they were once open to research.
We think we can get at least those boxes right now. Stay tuned!
We expect UM to take an interlocutory appeal. And play fast and loose with the Vaughn index. But at every stage of this litigation, their arguments and options have dwindled, and today they lost the biggest argument they had.
It's been nearly 5 years since I filed the FOIA that started all of this, anxious to shed light on the eugenics-fueled white supremacy that underlies our immigration policies and exposing the #TantonNetwork's enormous influence in creating those policies.
Virulent Islamophobe and white nationalist sympathizer.
Pushes racist agenda under academic guise.
Thinks immigrant children should be sent to Guantánamo.
I've seen a lot of ink over the last two weeks attempting to explain the Taliban's lightning takeover of this beautiful country. Biden botched the withdrawal. Afghans are tribal. The Taliban wouldn't have been able to if they weren't popular. Pakistan enabled them.
I won't opine on the accuracy of these statements. People a lot smarter than I can duke it out. My calling is to help the traumatized and voiceless and take their stories to lawmakers to give them a voice. Same I did in Tijuana and Texas and at Dulles during the Muslim Ban.
I went to Dulles again on Sunday night when I found out a young Afghan had been detained there for nearly 3 days. No lawyer, no info. We dutifully filed our G-28's even though they're routinely ignored by CBP. (I've seen this movie before. A lot.)
As @Allandaros notes, the respondent in this case couldn't convince the court he didn't participate in the Rwandan genocide. Bad facts make bad law.
But the Board did something interesting, too.
It noted that equitable defenses like laches originate from the Constitution.
Article III, to be specific. Real courts have this authority: immigration "courts" don't qualify.
So when we talk about due process in imm courts, we mean creating courts pursuant to Constitutional authority. For immigration, that's Article I. fedbar.org/government-rel…
OK. This is a problem. As I said in 2019, "basic standards of journalistic integrity are that these organizations be properly contextualized as the white nationalist organizations that they are.”
These are the groups that enabled ppl like Stephen Miller.
.@DefineAmerican did a similar study covering 2014-2018 and found the same troubling trend: white nationalist organizations being given cover as a legitimate "other side" of the immigration debate.
WHITE NATIONALISTS ARE NOT LEGITIMATE. That's all.
*knock knock* hey @StephenM you listening? I'm the guy unsealing the #TantonPapers, the blueprint for the organizations that told you how to build your deportation machine.
I've been at this for over 4 years. Just wanted to share a little update!
Some quick background: John Tanton was the mastermind behind the largest and most effective anti-immigrant organizations in the US. Tied inextricably to the white nationalist movements, they've infiltrated deep into all levels of government and policy.
After 4 years, thanks to @isabelaalhadeff I finally got to see the "gift agreement" Tanton struck with UM. And it likely doesn't reach the level of an enforceable contract. Nothing more than a string of receipts. But here's the kicker: