🔥On Friday, the Blue States filed a Motion to Enforce TRO claiming Trump Administration had violated TRO. Tonight Trump Administration responded. The filings illustrate precisely what I noted were issues before: that court failed to conclude what law would be violated.
4/ Response makes several points that I had highlighted before as things still allowed: Some of the funding frozen was frozen b/c it came from other agencies that weren't defendants. Other funding frozen b/c it was frozen by earlier EOs and an earlier OMB Directive.
5/ Other grants are in review process to ensure comply with statutes--and TRO said you can w/h if required by statute, reg., or grant.
6/ Also interesting is that grantees all started to try to pull huge amount of funds out triggering automatic red flag that required manual review of files and that is causing delay.
7/ Court created mess because it never addressed any specific grant or specific Defendant so it now needs to determine if Trump Administration violated TRO with variety of different grants, with a variety of reasons they weren't yet distributed, including reasons unrelated to
8/8 freeze. I'd wager, nonetheless, court will find violation of TRO, which is absolutely nuts because there is no irreparable harm--you can always sue & get the money for everything they are complaining about.
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THREAD: I just had a chance to read order granting TRO prohibiting Trump Administration from putting USAID employees on paid leave & ordering immediate evacuation. This case differs greatly from the other cases involving TRO in 2 hugely significant ways. 1/
2/ First, Plaintiffs (union representing actual USAID members) has standing to assert injury to its members. This isn't the nonsense standing asserted in other TRO cases. Second, allegations of imminent harm are facial persuasive: a) no access to State Dep't warning system &
3/ lack of ability to plan for return. I guess I should add a 3rd: At least facially there is at least a Congressional Act referenced that has direct bearing on issue, unlike general (and incorrect APA arguments). As Order explained, harm can't be undone after so TRO makes sense.
🔥🔥🔥Judge Engelmayer's granting Blue State's TRO barring access to Treasury Department is even more appalling than I realized yesterday, given limit of access--something I only discovered in reading State's Petition for TRO. 1/
🚨Seeing reporting federal judge stayed "buyout" order until Monday but nothing hit docket yet. The complaint, however, is nuts w/ 2 bases presented for federal court intervening: APA "arbitrary and capricious" and that Congress hasn't yet come up w/ funding for rest of year. 1/
3/ Trump should immediately order all federal workers to report to work in office tomorrow in response to this nonsense, other than those who signed up with "resigned." Americans are tired of this shit.
3/ Two thoughts: Damn, that was a close call. And her implicit dig at @netanyahu is pretty appalling & seeing what Trump achieved even before in office makes her comments even more appalling.
THREADETTE: Today's @SpecialReport w/ @BretBaier included interview of Canada's UN Ambassador Bob Rae. While Rae claimed tariff was only harmful, Bret countered administration saw "movement today with Mexico and Canada promising a lot that they weren't promising before.” 1/
2/ "Not true," Rae responded claiming Trudeau had already committed to those expenditures. Now, it wouldn't surprise me if Trump had already gotten some of those same commitments, I did some searching and couldn't find the supposed announcements Rae noted.
3/ So crowd-sourcing: What had Trudeau already committed to versus what was announced? Either way, Rae was unwise to contradict Trudeau & Trump's message of working together to solve problem, since there is still much to resolve.
🚨🚨🚨BREAKING: D.C. District Court issues TRO barring freeze of grants, again with crazy reasoning that OMB Directive in effect, remains in effect. 1/
2/ WHILE judge is correct voluntary cessation is an exception to mootness, the problem here is that there is no basis to say Trump will enact same broad policy and in fact, freeze is based on EO--so those should have been the issue for Court.
3/ The Court ignores it was the EO's which prompted freezes and that no challenge was made in complaint to EO.