Roger Parloff Profile picture
Jul 12, 2024 7 tweets 3 min read Read on X
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...
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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 ...
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... 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. ...
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... 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 ...
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... 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.) ...
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... 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. ...
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... 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.
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More from @rparloff

Jun 4
Another judge just ordered govt to reveal its deal with Bukele to attys for another alien sent to CECOT. A magistrate judge in Columbus, GA did so in the case of Venezuelan EDQC, removed on 3/15 with no opportunity to raise a fear-of-torture claim.
1/5
storage.courtlistener.com/recap/gov.usco…
... EDQC was previously identified as Edicson David Quintero Chacon, 28. He filed a habeas corpus petition on 2/10/25 while in custody at Stewart Detention Center in Lumpkin, GA. He was removable to Venezuela, but Venezuela wouldn’t take him. ...
/2
... SCOTUS precedent says that after 6 mos of post-removal order detention, release is required. EDQC alleges that on 3/10 he passed the 6 mos mark. But on 3/15, instead of being released, he was flown to CECOT. ...
/3
Read 5 tweets
Jun 3
Attys for Jordin Melgar Salmeron, who was removed to El Salvador 5/7 in violation of an order of the US Court of Appeals for the 2d Circuit, asked that court last night to order govt to “actively facilitate” his return & to appoint a special master ...
/1

documentcloud.org/documents/2595…Image
... Melgar Salmeron contends he’ll face torture, corporal punishment, or death in El Salvador. The Bureau of Immigration Appeals denied his claim & he appealed to USCA2 in Nov 2023. At *govt’s* request, his case was then paused for 482 days while ...
/2
... USCA2 considered a legal question in other cases pertinent to Melgar Salmeron situation. Those cases were then also paused while SCOTUS considered that issue. (It still is, in Riley v. Garland, argued 3/24/25.) Then, suddenly ....
/3
Read 7 tweets
May 26
On Friday, a 2d judge—a George W. Bush appointee—struck down in its entirety a 2d of the Trump executive orders aimed at deterring law firms from representing causes that Trump disagrees with. It's well-written. Thread. ...

1/16storage.courtlistener.com/recap/gov.usco…
Judge John D. Bates’s north star is the 1943 SCOTUS ruling that struck down—in the midst of WWII—a state law conditioning public school attendance on pledging allegiance to the flag: “[N]o official ... can prescribe what shall be orthodox” ...
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... “In our constitutional order,” Bates writes, “few stars are as fixed as the principle that no official “can prescribe what shall be orthodox in politics. ... And in our constitutional order, few actors are as central to fixing that star as lawyers.”
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Read 16 tweets
May 21
This morning, at 11am, Judge Brian Murphy will resume a hearing on whether the Trump Adm violated his preliminary injunction by sending aliens to South Sudan (not their homes) without notice & opp to challenge. Here’s the backdrop: ...
1/12
The hearing comes in a class action filed for aliens who have final orders of removal to home countries where, for various reasons, they can’t be removed. E.g., some have been granted legal protection from return due to fears of facing persecution, torture, or death. ...
/2
... Others are citizens of countries with which we have bad relations, or that won’t take them back, like Venezuela or Cuba. Until Trump II, DHS had a policy of not removing aliens to 3d countries (not their home country) without notice. ...
/3

storage.courtlistener.com/recap/gov.usco…
Read 12 tweets
May 19
A few late notes on SCOTUS’s AARP II ruling. Beyond extending for now the bar against removing aliens from NDTexas under the Alien Enemies Act, it does 3 key things. The biggest, below, is declaring ICE’s current ~24-hr notice policy unconstitutional. ...
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Fixing that policy won’t be easy without vastly reducing the value of the AEA to the Trump Adm. The main reason to invoke it, as AG Bondi explained in her once-secret 3/14 memo below, was to remove aliens without *any* process. That effort has failed. ...
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Assuming courts will now require at least 14 days notice, including specific notice of a right to *challenge* the AEA designation, aliens will now at least have a chance to put the govt to its proof with regard to whether they are really Tren de Aragua. ...
/3
Read 12 tweets
May 13
A month after SCOTUS ordered govt to “facilitate” Abrego Garcia’s return, parties filed briefs last night over “state secrets” & “deliberative process” privileges. On 5/7 Secy Rubio filed sealed declaration claiming that any “agreement” with Bukele is a “state secret.” ...
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... Abrego Garcia says Rubio’s declaration is “vague & boilerplate” and belied by public statements galore by Rubio, Bukele & others. (State secret can be invoked when compelling evidence would “expose military secrets” compromising “national security.”) ...
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... Interestingly, Abrego Garcia's attys say that, during mysterious week-long pause in case, govt “apparently” suggested to court that it was working to secure his return, even as senior officials said “precisely the opposite to the American public” ...
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Read 5 tweets

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