Roger Parloff Profile picture
Dec 2, 2023 7 tweets 3 min read Read on X
You’ve likely read many of the powerful passages from Judge Chutkan’s ruling yesterday holding that Trump enjoys no immunity from criminal prosecution for his acts as president. I’ll just draw attn to one more. ...
1/7bit.ly/3sZl559
To underscore the need to fulfill “our constitutional promise of equal justice under the law,” Chutkan highlights George Washington’s Farewell Address. “His decision to voluntarily leave office after two terms marked an extraordinary divergence ...”
/2 Image
“from nearly every world leader who had preceded him, ushering in the sacred American tradition of peacefully transitioning Presidential power—a tradition that stood unbroken until January 6, 2021.” ...
/3 Image
... Chutkan then quotes Washington’s famous “sober warning: ‘All obstructions to the execution of the laws’ ... are destructive of this fundamental principle.” (That’s what this indictment charges in a nutshell.) “Such obstructions would prove ‘fatal’ to the Republic, as ...
/4 Image
‘cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of govt, destroying afterwards the very engines which have lifted them to unjust dominion.’ ” ...
/5 Image
... If anyone’s missed the point, Chutkan then spells it out: “In this case, Defendant is charged with attempting to usurp the reins of government as Washington forewarned.” She seals the point with a line from Justice Felix Frankfurter:...
/6 Image
... “If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny.”
/7-end Image

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Roger Parloff

Roger Parloff Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @rparloff

Oct 5
Judge Immergut (my new favorite judge) issued her 31-page opinion, barring federalization of 200 National Guard troops in Portland, <48 hrs after entering the case. It’s a model of restrained but powerful prose & reasoning. Read it yourself ...
1/3
storage.courtlistener.com/recap/gov.usco…
Without hyperventilating, she lays out in ¶ 1 the huge stakes here. The case is about "3 of the most fundamental principles in our constitutional democracy": * federalism; * the relationship between the military & domestic law enforcement; * and judicial review. ...
/2 Image
Her ruling is also a model for how a judge can use Trump’s unhinged words (“war-ravaged Portland”) against him without going off the rails him- or herself. E.g., “The president’s own statements [show] that his determination was not ‘conceived in good faith.’”
/3-end Image
Image
Read 4 tweets
Sep 23
Given that @DowJones is not seeking a merger that @BrendanCarrFCC can block, Trump’s suit against the @WSJ (re the Epstein Birthday book note) seems destined for swift dismissal + assessment of attys fees. ...
1/6
storage.courtlistener.com/recap/gov.usco…
Yesterday, @WSJ moved to dismiss on 3 seemingly iron-clad grounds: The article is (1) true; (2) not defamatory; & (3) lacks any whiff of “actual malice.” It’s true in that it only describes a note “bearing Trump’s name” & includes his denials in the subhead & in 3 ¶s of text.
/2 Image
It's not defamatory because a bawdy note to a friend—even one later convicted of crimes—is not defamatory. In 2002, Trump admitted his 15-yr friendship with “terrific guy” Jeffrey Epstein, and in 2016 he admitted the Access Hollywood tape was just his “locker-room banter.” ...
/3 Image
Read 6 tweets
Sep 16
Last night, in the Ghana pass-thru case, Judge Chutkan found that the govt’s actions appeared to be part of a “pattern & widespread effort to evade [its] legal obligations by doing indirectly what it cannot do directly.” But she denied relief due to likely lack of jurisdiction ...
1/4Image
She noted that immigration judges have found that the 5 plaintiffs face “persecution, torture, or death” if returned to their home countries, as one already has been. US officials allegedly told plaintiffs on planes to Ghana that they would ultimately be sent to home countries.
/2Image
Chutkan noted that “this case is not an outlier,” listing 6 other examples of suspicious or abusive govt conduct. She says the deal with Ghana appears to be “hasty & unwritten” & suggests that the govt knew all along what it was doing. ...
/3 Image
Read 5 tweets
Sep 13
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
Read 5 tweets
Sep 10
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…Image
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
Read 69 tweets
Sep 8
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 Image
... That meant packing:
•a 40-pound suitcase
•30-day supply of prescriptions/medications
•2 sack lunches (nut-free) ...
2/8 Image
... 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 Image
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(