Many conservatives now accept with bored acquiescence the near certainty that Trump, if elected, will dismiss both federal indictments against himself. Yet it would be an abuse far greater than the Saturday Night Massacre that once shocked the nation...
1/6
In Oct 1973, Nixon fired AG Elliot Richardson & then Dep AG Wm Ruckelshaus for refusing to fire Special Prosecutor Archibald Cox, who was subpoenaing Nixon’s White House tapes. The firings galvanized bipartisan support for impeachment proceedings ...
/2
... which began 10 days later. Quaint though it may now seem, US District Judge Gerhard Gesell even ruled, later on, that the Cox’s dismissal had been illegal. ...
/3
... Yet the SCOTUS majority in Trump v US contemptuously chided the bipartisan lower courts for trying to let justice be done before Trump has a chance to abuse power to derail it. They even purported to be acting expeditiously ...
/4
... though we are, right now, pointlessly counting 32 more days off the calendar for SCOTUS’s ruling to become final, because the court declined to make it immediate. (The pause permits the losing party to seek rehearing—inconceivable here as the Court well knows.) ...
/4
... Is the president now above the law? Half-heartedly, the majority claims (s)he is not—with asterisks galore. They say the dissents are “fear-mongering” with “extreme hypotheticals”—which they tellingly don’t deign to refute. ...
/5
... Justice Thomas disdains that tack. He quips that the once-revered notion has been largely meaningless all along. Immunity from prosecution for official acts *is* the law, he writes, archly. Silly Nixon, silly us, silly forefathers for imagining otherwise.
/6-end
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The govt is asking Judge Gallagher in Baltimore to vacate an order she entered on 4/23 requiring DHS to “facilitate” return of a 2d man in El Salvador's CECOT prison, known as Cristian. (Not Abrego Garcia) Govt has filed under seal an “indicative asylum decision” ... 1/5
... Under Judge Gallagher’s earlier orders (4/23 and 4/30), the govt was supposed to tell Judge Gallagher what steps they’ve taken to facilitate Cristian’s return at a status conference tomorrow (5/6/25). ...
/2
... Cristian, now 20, is a Venezuelan covered by a 2024 class action settlement of a 2019 lawsuit on behalf of unaccompanied alien children. The settlement bars class members from being removed before their asylum claims are finally decided. ...
/3
A note on Judge Howell’s ruling striking down the Perkins Coie exec order. Key point is in 1st sentence: “No American President has ever before issued exec. orders like the [this] one.” Trump apologists can change the subject or stay silent, but can’t deny she’s right. ...
1/10
Without a blue tic, I can’t even fit all the constitutional violations into one tweet. I count 9: (1) free speech (1st Am); (2) free association (1st Am); (3) right to petition govt (1st Am); (4) right against compelled disclosure of confidential associations (1st Am);...
/2
... (5) equal protection (5th Am); (6) procedural due process (5th Am); (7) void for vagueness (5th Am); (8) right to counsel in civil cases (when you can afford one) (5th Am); right to counsel in criminal cases (6th Am). Howell does not decide one of Perkins’ claims ...
/3
In 35-page ruling, DColo judge grants class-wide (statewide) TRO against removing Venezuelans under Alien Enemy Act. Plaintiffs likely to win on argument that ACT DOES NOT APPLY. "Invasion," "predatory incursion," "foreign nation or govt" all absent here. storage.courtlistener.com/recap/gov.usco…
She also finds that DOJ's current 24 hr notice is insufficient. Must provide at least 21 days notice.
/2
Notice must also tell aliens of right to seek review, right to speak to atty, and must be written in language the alien understands. ..
/3
Some notes on this morning’s remarkable emergency stay order granted by SCOTUS, stopping Trump Adm from summarily removing Venezuelans under his Alien Enemies Act proclamation. SCOTUS acted while the NDTexas & 5th Circuit courts dragged their feet.
1/10
.@ACLU had gotten wind that Venezuelans detained at Bluebonnet facility in Anson, TX, were being herded onto buses or planes. Tho there’s a restraining order in SDTexas (El Valle facility) stopping govt from doing this, there’s none yet in NDTexas, where Bluebonnet is. ...
/2
ACLU alleges that the Venezuelans are getting only 24 hrs notice, & the notices, in English, fail to advise that they have a right to challenge removal in a habeas corpus action. The NDTexas judge (Trump appointee) was slow to act on a emergency motion ...
/3
I'm at the US Courthouse in Greenbelt, Md, where I'm going to try to live-blog the Abrego Garcia hearing at 4pm for @lawfare . Colleague @AnnaBower will also be here, and will be live-blogging on another platform. Afterward, we'll discuss live here:
/1lawfaremedia.org/article/lawfar…
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A few notes on where JGG v Noem, the original Alien Enemies Act case, stands. First, I'll just salute the @ACLU lawyers who may’ve saved 5 lives. If not for ACLU, the 5 named plaintiffs would be languishing in CECOT, where @PamBondi tried to send them without due process. ...
1/9
In fact, @USAEdMartin , you should redirect your “1512 Project” to target the DOJ attys responsible for sending 137 people to CECOT without due process. All 9 justices agreed on that (not just 6). For your convenience, I’m listing the most culpable below:
/2
As for the JGG case, where does it stand? On 4/7, immediately after SCOTUS ruled, DOJ asked Judge Boasberg to dismiss the case & dissolve his orders probing whether DOJ complied with his temporary restraining orders. So far Boasberg's done neither. ...
/3