Judge Cannon’s order today not only postpones many trial deadlines in USA v Trump (MaL)—one by >17 weeks—but suggests she may allow an unprecedented approach to a CIPA issue that may force govt to bring an interlocutory appeal ...
... The coming dispute involves Classified Information Procedures Act (CIPA) § 4, which permits the govt to turn over classified docs in discovery in a summarized or redacted form so the defense doesn’t see national defense secrets irrelevant to the case ...
/2
... CIPA provides that the way to do this is for the govt to show the docs & proposed redactions to the judge in a sealed ex parte procedure (defense not present) & for defense to simultaneously outline its defense theories to judge, also ex parte (govt not present). ...
/3
... Judge then decides if redactions are fair. Trump wants new rules for him. He wants his lawyers to see the secret documents and to be able to argue in an adversarial proceeding that the redactions aren’t fair. He tried same thing in DC case. ...
/4
... In DC, Judge Chutkan denied Trump’s request, noting (below) that such a procedure was unprecedented and would defeat purpose of statute. But based on the new schedule Cannon has ordered, it looks like she may grant Trump’s same request in M-a-L case. ...
/5
... Why do I say that? Her original schedule (below) followed normal procedure. It called for the govt & Trump to submit simultaneous Section 4 filings—both ex parte—on 10/4. It then scheduled a hearing (presumably sealed) for one week later, 10/17, to resolve disputes. .../6
... New schedule is completely different. Govt is to file its § 4 motion on 12/4. That same day, Trump now files a motion “contesting the ex parte nature” of the process. (Cannon forgets to provide a date for govt to respond to that motion.) ...
/7
... *Then* >7 weeks later, on 1/23, Trump files “a defense challenge to § 4 motions.” This can only be possible if Cannon has granted Trump’s motion to discard ex parte procedures & proceed adversarially. (Again, she forgets to provide a date for govt to respond.)...
/8
... Cannon then calls for a 2-day hearing on the govt’s § 4 motions for 2/15-2/16. Hard to imagine a 2-day hearing that isn’t adversarial.
If Cannon grants adversarial approach to § 4, govt may have to appeal, further blowing any notion of pre-election trial.
/9-end
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Judge Chutkan just finished a phone conference hearing in D.A. v. Noem. Plaintiffs allege the govt is sending African aliens to Ghana knowing Ghana will forward them to home countries where US courts have barred govt from sending them directly ... 1/5 courtlistener.com/docket/7132371…
... due to reasonable fear of torture or persecution. Judge Chutkan fears she lacks jurisdiction—4 plaintiffs are already in Ghana & one has already been forwarded to Gambia—or that she should transfer the case to Judge Murphy in Boston as part of the DVD class action on 3d country removals. ...
/2
The @ACLU 's Lee Gelernt argued that DVD challenges general procedures whereas DA's claim is narrow: Ghana gave the US diplomatic assurances that it would not forward aliens to countries where they face persecution/torture, yet it's doing exactly that with US acquiescence/connivance. ...
/3
At 2pm there will be a preliminary injunction hearing in the Guatemalan children case (LGML v. Noem). I hope to live-blog here for @lawfare , as will colleague @AnnaBower on another platform. For bracing & thorough background, see Anna's piece here:
/1 lawfaremedia.org/article/the-ju…
If you recall, Judge Sparkle Sooknanan entered a temporary restraining order 8/31, barring the removals— govt calls them "reunifications"—of Guatemalan children ages 10-17. Govt has admitted intent to deport 327 children, with the first 76 booked for departure at 10:45am ET on 8/31. ...
/2
... Judge Sooknanan was just covering the emergency docket that day—it was Sunday Labor Day weekend—so now the case has been randomly assigned to Judge Tim Kelly, who must decide whether to extend the TROs into a preliminary injunction & whether to certify a class. ...
/3
In weekend filing, govt admitted its shocking timeline for deporting Guatemalan children, ages 10-17. Just before midnight on Saturday, Labor Day Weekend, it told caregivers to have children prepared for departure within 2 hrs (4 if in foster care). ... 1/8
... That meant packing:
•a 40-pound suitcase
•30-day supply of prescriptions/medications
•2 sack lunches (nut-free) ... 2/8
... At 1:12 a.m. ET, govt notified the caregiver’s legal service providers that children would be put on planes at 10:45 a.m. that same day to be “reunified” with their parents or legal guardians in Guatemala. ... 3/8
On Thurs (while I was on vacation), @ACLU
sought full DC Circuit review of the splintered panel decision that would vacate the Judge Boasberg order that found probable cause to believe DOJ attys committed criminal contempt in the JGG case. ...
1/5storage.courtlistener.com/recap/gov.usco…
... Recall that on 8/8 all 3 panelists agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @ACLU says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ...
/2
... .@aclu says it wants to ensure parties can’t evade even answering questions about their possible defiance of court orders. Here, DOJ attys “chose to ignore the order & then retroactively manufacture ambiguity”—“a remarkable step for any litigant, much less the DOJ" ... /3
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...
If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
/2
DOGE’s template cancellation letter left blanks to be filled from a “reason-for-termination menu,” listing topics like “DEI,” “China,” “Transgender Issues,” “Climate Change.” Use of the menu was “mandatory.” ...
/3
A thread about DOJ’s astoundingly misleading responses to the 27-page Reuveni letter (since backed by 150pp of corroborating texts/emails) alleging conduct approaching contempt in 3 cases: JGG, Abrego, DVD.
Let’s examine @DAGToddBlanche’s & @AGPamBondi’s responses. ...
1/9
Reuveni’s letter says 5 others (but not Blanche) were at the 3/14/25 meeting where Bove allegedly said they “would need to consider” telling courts “fuck you.” In Blanche's denial, he claims he was present for whole meeting—but it appears he wasn’t. ...
/2
“I was at the meeting,” Blanche writes. But Blanche only poked his head in & left, Reuveni told NYT. Tellingly, Bove testified to Senate *not* that Blanche was present, but that Blanche *said* he was present. ...
/3