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Roger Parloff Profile picture
@rparloff
Feb 10, 2024 • 6 tweets • 2 min read • Read on X
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Quick update on tense dispute between Judge Cannon & govt in USA v Trump (MaL): ln trying to persuade Cannon to reconsider her order last week to unseal identities of >24 “participants” in probe, including some witnesses & their statements ...
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... the govt showed her, under seal & ex parte (not to defense), an FBI 302 report it said (below) showed threat/harassment of a witness in this case. Yesterday, over govt objection, Judge Cannon ordered it turned over to defense *today* tho leaving it sealed from public. ...
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... Govt claims the documents Cannon ordered unsealed last week “will expose witnesses and others to intolerable and needless risks.” Says the material includes statements of potential witnesses which, by statute, need not be turned over till witness testifies ...
/3 Image
... Wanting to streamline case, govt turned them over early under protective order, not imagining they’d be made public before trial, if it all, it says. Defendants had taken “no position” on govt’s proposed redactions, but said govt hadn’t met “burden” to keep them sealed...
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Judge has given defense till 2/23 to respond to govt’s motion to reconsider. Govt must meet high standard to win a motion reconsider: either “clear error” or “manifest injustice.” Govt claiming both.
/5-end Image
To be clear, the documents ordered unsealed last week have not yet been unsealed. That's what the govt's motion to reconsider is trying to keep from happening.

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More from @rparloff

Roger Parloff Profile picture
Jul 7
I’m in Greenbelt MD and I’ll try to live-blog the Abrego Garcia hearing at 11am for @lawfare . Judge Paula Xinis will be weighing, among other things, the govt’s motion to dismiss the case for mootness. Colleague @AnnaBower will live-blog on another platform. ...
/1 Image
Abrego's attys have also asked that he be physically transferred to custody in Maryland, and that Judge Xinis bar his removal from MD or the US, but the status of that motion is unclear, because he's still in criminal custody in Nashville, & will be until at least July 16.
/2
The govt's motion to dismiss is here:
storage.courtlistener.com/recap/gov.usco…
Abrego's response is here:
storage.courtlistener.com/recap/gov.usco…
/3
Read 38 tweets
Roger Parloff Profile picture
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
Roger Parloff Profile picture
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
Roger Parloff Profile picture
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
Roger Parloff Profile picture
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
Roger Parloff Profile picture
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

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