🚨🚨🚨BREAKING: Trump's attorneys argument Smith & DOJ violated Cannon's order by conveying information to Congress concerning its view on final report. 1/
THREADETTE: Just tonight I caught another nuance I missed in SCOTUS's Garcia order--something Trump Administration is hitting hard. SCOTUS didn't say clarify what "effectuate" means! SCOTUS said "clarify" "directive." 1/
2/ Now, Judge Xinis is reading "directive" as "effectuate," but Trump Administration has better argument that "directive" is the injunction because the entire injunction should be giving due regard to Trump's Article II authority over foreign affairs.
3/ And because the Court said "the rest of the order remains in effect but requires clarification on remand." What requires clarification? THE ORDER. Not the word "effectuate," although meaning of that term is unclear.
3/ Trump Administration begins noting that Court invited the Motion Garcia filed for "additional relief," and that the relief sought seeks to micromanage diplomatic relations...It does.
🚨🚨🚨Two new filings in Garcia case (El Salvadorian improperly removed to El Salvador). First, Garcia's attorneys followed district court's lead to file a Motion for Supplemental relief. That Motion asks Court to enter an order requiring 3 things: 1/
2/ Full Motion here. Motion opens by saying that because Trump said if SCOTUS ordered him to bring someone back he would, but that ignores reality that Trump doesn't control El Salvador. storage.courtlistener.com/recap/gov.usco…
3/ Specifics of what Garcia requests go to my earlier THREAD that the improper removal isn't an olly olly oxen free. The wrongful removal does not entitle Garcia to parole in U.S.
THREADETTE: So, more I think about it, the more I think improper removal of El Salvador national lacks judicial remedy. Now that would be "conscience shocking" if mistake happened to U.S. citizen. BUT mistake re Garcia is different because: 1/
2/ a) He is illegal alien; b) who had due process and was found (1) removable, (2) not entitled to asylum & (3) not entitled to protection under CAT (Convention Against Terrorism); (4) sole reason he couldn't be removed to El Salvador no longer exists; (5) he is El Salvadorian.
3/ Add to that, had Trump Administration not made error in sending him to El Salvador, he would still be removed from U.S. and possibly still to El Salvador. Yes, yes, yes, it was a mistake, but that doesn't mean court can create a fix because El Salvador HAS an interest
🔥Yesterday a federal court denied an injunction to delay DHS's requirement that aliens (including) illegals register, holding plaintiffs lack standing. I'm surprise there are no other cases challenging these regs even though STATUTE requires registration. 1/
2/ Here's entire decision which is worth a read to understand how the administrative state runs the government often in violation of Congress's commands. storage.courtlistener.com/recap/gov.usco…
3/ More broadly, the order summarizes the registration process and illustrations how Trump Administration is fighting illegal immigration: If they don't register, they commit a crime; if they commit a crime an investigation can be launched to obtain info from IRS to locate.