THREAD: Huge development. FBI TOLD Twitter the Hunter Biden laptop was real shortly after story broke. LATER FBI refused to answer when Facebook asked same question. Implications are HUGE. 1/
2/ First, it means FBI members of the Foreign Influence Task Force knew about the laptop and that it was real. I had NO idea that was the case, just the FBI as an entity. That makes FBI hinting of Russia disinformation hack and release worse.
3/ Second, it means Twitter knew the laptop was real but censored it anyway and even froze the New York Post account. So why did James Baker say to err on side of caution? Did someone from FBI get ahold of Baker?
4/ So who was the FBI agent who said it was real? Who all was present when that statement was made? Who at Twitter was present and with whom did they share that info? How was there NOTHING in Twitter files that referenced FBI saying it was real?
5/5 This new info is most significant revelation in entire censorship of Hunter Biden story scandal.
🚨BREAKING: Trump Administration file brief in response to Judge's order it "show cause" why it didn't violate Court order re the Alien Enemies Act removals of terrorists. 1/
🚨🚨🚨BREAKING: Trump Administration tells Judge in Alien Enemies Act case it will provide him no more information re the flights etc. and is exercising the State's Secret doctrine. 1/
2/ Key to Trump's argument is this point: Given Trump hasn't contested they landed and were deplaned after order issued there is no need for court to know any other details.
UPDATE: So I finished listening to entire hearing and my initial "gut" remains: Walker is 100% no jurisdiction because this must be brought in habeas. Judge Wilett is 100% jurisdiction and upholding TRO. Henderson will be swing vote. 1/
2/ My gut is Henderson will find Walker's argument was more convincing because it was based on controlling precedent of LoBue & Wilett was based on emotional. LoBue is controlling & no jurisdiction. Walker can overcome Wilett's worst-case concerns by
3/ Saying it will enter administrative stay for 5 days to allow for appeal or habeas to be filed in Texas. NOTE: This will not end contempt issue as you can have contempt of an order that is void.
🚨...jumping in:
DOJ: Says it is habeas is "jurisdictional" and not "venue." Goes to "authority" of court not steering where appropriate.
ACLU: Jumps into conversation--district court has not said anything yet about whether to bring people back. Very concerned his order has been violated and has not made decision if violated much less whether ordered back so that is not before court.
Claims gov't is admitting must be ability to contest whether you fall within proclamation is "how". D.Ct. has said he wants to figure out how that works. Neither gov't or us had answer. BUT easy ground to affirm, because there is "no process."
Gov't saying "you can have process" that's illusory because paper said they have no process.
Judge Walker: Could you have done everything in Texas D.Ct. that you did in this court. Perhaps, but law is clear you don't need to bring in habeas because you aren't seeking release. You could have filed exact same complaint that you filed here in district court. Government is agreeing each Plaintiff COULD have gone before habeas in district court in Texas.
ACLU: We could have filed a class habeas but we weren't looking to just get 5 individuals. If gov't is saying we could do this for each individual, we couldn't because we didn't know. We filed at 2 a.m., 5 a.m. enjoined re the 5 a.m. Absent a class TRO we would have had more in prison.
Judge Walker: Everything that happened a Southern District Court of Texas could have done.
ACLU: Yes.
Judge Walker: That tees up the dispute. Gov't says it a) must be habeas; and b) where detainee is, which is Texas.
ACLU: Common ground now that there must be process. We're talking to people to El Salvador one of worse prisons. Government provided zero ability to provide habeas.
Judge: Everyone who is detained can bring a habeas petition.
ACLU: Only because of TRO by judge Boasman.
2/ Judge Walker: Does it have to be brought by habeas. Hard to get around LoBue.
ACLU: That was extradition. Say it is different.
3/ ACLU: Many, many, many other cases say they aren't seeking release.
Me: But LoBue seems ONLY cases addressing precise issue of not seeking release. Here's my earlier thread on LoBue saying I saw it as dispositive.
🚨🚨🚨BREAKING: First of several likely SCOTUS filings by Trump Administration this week, here seeking stay of order by federal court to reinstate terminate probationary officers.
🚨🚨🚨Unsurprisingly, Court in Alien Enemies Act denied Motion to Vacate TRO but offered to convert to a Preliminary Injunction which allows immediate appeal. 1/
2/ Opinion only concerns merits and not issue of contempt, but again, the Court's own words focus on "removal" and Trump Administration's position is order only prevented "removal" and they were already removed before the written order.
3/ On the merits: I remain of the view this court lacked jurisdiction because there is habeas jurisdiction just not before THIS judge and when another basis for relief is available an Administrative Procedure Act claim cannot be brought. storage.courtlistener.com/recap/gov.usco…