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

Jun 30
After today’s 5th Circuit argument in the Alien Enemies Act case WMM v Trump ( formerly AARP) it appeared that at least 2 of the 3 judges would approve the validity of Trump’s Alien Enemies Act proclamation. Unclear what due process they’ll afford targeted aliens. ...
1/6
... Judge Andrew Oldham (Trump appointee) doubted that a court could "countermand" virtually any aspect of Trump's decree. He even doubted that aliens had a right to deny their membership in Tren de Aragua, tho SCOTUS has said they do. ...
2/6
... Judge Leslie Southwick (GWBush) was tending toward adopting Judge Haines's (WDPenn) view. Haines found that the decree plausibly found a “predatory incursion” in light of Secy Rubio’s designation of TdA as a “foreign terrorist organization.” ...
3/6
Read 6 tweets
Jun 25
Emil Bove, like Blanche on X, may be evading. Reuveni wrote than on 3/14 "Bove stated that DOJ would need *to consider* telling the courts "fuck you” and ignore any such court order." So it's true Bove didn't literally order anyone to violate court orders *at that meeting*
1/3 Image
... & it’s also true that Reuveni, later that day, after speaking to DOJ colleague Flentje, felt momentarily reassured. But it's the events that followed--laid out in detail over 27 pages--that suggest that Bove's "fuck you" comment *was* eventually carried out. ...
2/3 Image
... And I don't think anybody yet has denied that the "fuck you" comment was made. Maybe Bove will today. Maybe not. But there’s likely a text between Reuveni & Flentje referencing it when DOJ/DHS was, it seems, violating Judge Boesberg’s orders on 3/15.
/3-end Image
Read 4 tweets
Jun 19
Tomorrow, at noon, Judge Farbiarz (DNJ) will hold a hearing on whether to release Mahmoud Khalil on bail. Khalil, in custody in Louisiana, requested the hearing 91 days ago. Since then at least 5 others similarly situated have all been released. Thread.
1/21
Khalil is a lawful permanent resident Columbia grad student who participated in Gaza protests. No criminal record. Palestinian. On 3/8 he was detained in his lobby in NYC as he returned with his US citizen wife, who was then 8-months pregnant. ...
/2
On 3/9, Khalil sued seeking release, alleging retaliation for 1st Amendment protected speech.
On 3/11 DHS told Khalil that the reason he was being removed was Secy Rubio’s finding that his presence in US had “serious adverse foreign policy consequences.” ...
/3
Read 21 tweets
Jun 12
Hearing in Newsom v California, the national guard case, starting at 4:30pm ET. I'll try to live-blog for @lawfare , technology permitting. ... It's on Zoom, but I think the 1000 max has already been hit. ...
/1
Judge Charles Breyer on bench now.
Newsom v Trump
counsel giving appearances
Nicholas Green for state AG seems to be lead.
Brett Shumate from DOJ
/2
Judge: preliminary comments. reason it's necessary to have briefing is while it was initially styled ex parte proceeding, it was certainly not ex parte. there was cooperation between parties. wanted to make sure i had complete record to extent it can be achieved

/3
Read 64 tweets
Jun 12
In motion for civil contempt & other sanctions against govt officials, including personal fines, Abrego Garcia’s attys shoot for the moon. Here they ask Judge Xinis to order AG Pam Bondi et al. to turn over her personal devices for in camera review. ...
/1

storage.courtlistener.com/recap/gov.usco…Image
The motion relies on allegations of both a pattern of obstruction & specific responses inconsistent with NYT reporting & the timing of Abrego Garcia's indictment. Here, e.g., attys allege 60 days of obstructive conduct *after* SCOTUS ruling ordering facilitation of his return:
/2 Image
But the real smoking guns are alleged responses of, for instance, DHS atty Joseph Mazzara, who filed a declaration & was deposed in the case. NYT has reported emails of him allegedly saying, "We're also trying to keep him where he is."
/3 Image
Image
Read 6 tweets
Jun 11
Admitting “perfect storm of errors,” DHS has changed its story in the case of Jordin Melgar-Salmeron, the 31yo Salvadoran who, on 5/7, was deported to El Salvador 28 minutes after the US 2d Circuit Court of Appeals forbade his removal pending appeal. ...
/1 Image
... Melgar-Salmeron was appealing an adverse asylum ruling. On 4/17 govt told USCA2 it would remove him unless court stayed his removal by 5/8. On 5/7, at 9:52am ET, USCA2 stayed his removal. But at 10:20am ET he was removed anyway. ...
/2

documentcloud.org/documents/2597…Image
... Govt has filed 3 letters explaining. 2d letter, on 5/28, said there were 2 computer systems. Deportation officer, reporting to DOJ, monitored one showing deportation set for 5/9. But ICE Air had him down for 5/7 all along. DOJ & ICE Air statements of 5/28 below:
/3 Image
Image
Read 6 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!

:(