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. ...
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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 ...”
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“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.” ...
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... 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 ...
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‘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.’ ” ...
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... 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:...
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... “If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny.”
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More from @rparloff

Feb 15
The @ACLU has filed a class action damages suit against federal & state officers over an Idaho immigration raid last October. 200 armed officers raided a horse-race festival, detaining 400 Latinos for 4 hrs. All adults & many teens ziptied & searched.
1/8
storage.courtlistener.com/recap/gov.usco…
Complaint alleges 200 officers descended on the families, guns drawn, with a helicopter, 2 drones, 5 armed vehicles, rifles, tasers, pepper balls. They allegedly grouped the Latinos (mostly ethnically Mexican) by skin color as a proxy for presumptive citizenship. No water, few bathrooms.
2/7Image
Zipties cut into wrists. When a 15yo said they were too tight, an agent allegedly tightened them further. Adults were searched & items from their pockets were put in plastic bags strung around their necks. ...
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Read 8 tweets
Feb 5
The transcript of the MN hearing where an AUSA said “This job sucks” is remarkable for more reasons than that. It’s a searing portrait of a crisis perpetrated by depraved & oblivious high-level officials. Read it all. ...
1/7
documentcloud.org/documents/2687…Image
Judge Jerry Blackwell’s own comments deserve attention: Unlawful detention “falls on the heads of those who have done nothing wrong to justify it. ... The overwhelming majority of the 100s seen by this Court have been found to be lawfully present ... in the country.”
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“[Y]ou cannot ... detain first & sort out lawful authority later. ... Continued detention is not lawful just because ... an operation has expanded beyond the Government's capacity to execute it lawfully.” ...
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Read 7 tweets
Feb 4
Attys for class of refugees have asked Judge Tunheim in MN to hold govt in civil contempt for alleged failure to comply with his 1/28 order to unconditionally release refugees detained under a new DHS policy that, they say, departs from 45 yrs of practice.
1/4
documentcloud.org/documents/2680…Image
In Jan. DHS started subjecting 5,600 MN refugees to warrantless mandatory detention 1 year from admission if they hadn't yet become permanent legal residents. On 1/28 Judge Tunheim issued TRO to stop the policy & immediately release those detained. ...
/2

storage.courtlistener.com/recap/gov.usco…
Refugees allege DHS dragged feet & imposed onerous conditions on those released, retaining their IDs & work permits. DHS has moved to dissolve the TRO, alleging “detain-and-inspect” policy is lawful & mandated by statute below, even if never before interpreted that way. /3 Image
Read 5 tweets
Jan 30
The Trump Adm is arresting Don Lemon and overcharging disruptive protesters at Cities Church to posture as if it’s protecting Christians. It’s not. DHS is staging disruptive ops at other churches, at least one of which has had to go online. ...
1/4 Image
ICE vehicles commandeered that multicultural church’s private-property parking lot for staging purposes; staff experienced burning eyes from nearby chemical irritants & pepper balls, per declaration of MN AG investigator.
/2

storage.courtlistener.com/recap/gov.usco…Image
Other church services—a healthcare clinic and preschool—have had to shut down or go online, per declaration of MN AG investigator, based on interview with the pastor).
/3 Image
Read 4 tweets
Jan 25
In seeking a fed court order to stop fed agents from “destroying or altering evidence” re the Pretti shooting, granted last night by a Trump-appointed judge, MN’s investigatory chief said feds blocked his inquiry for 1st time in his 20+ yrs—even after he got a search warrant to inspect the public space.
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MN’s brief asserts that federal agents left the scene several hrs after the shooting, “allowing the perimeter to collapse & potentially spoiling evidence,” a “sharp departure from normal best practices” that may’ve “directly led to the destruction of evidence.”
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Here’s the declaration of Bureau of Criminal Apprehension (BCA) superintendent Drew Evans.

3/5storage.courtlistener.com/recap/gov.usco…
Read 5 tweets
Jan 21
memo announcing new policy shown only to select DHS officials, shared with some employees who were then told to read it and return it and not to take notes. Image
memo summarized here in whistleblower letter. allegedly issued on may 12 by acting ICE director Todd Lyons.
documentcloud.org/documents/2649…
Read 4 tweets

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