🚨🚨BREAKING: Trump Administration files Emergency Motion asking Rhode Island federal judge to rule whether it can w/h funding noting Court threatened criminal contempt but Court of Appeals refused to stay TRO b/c it was sure RI Court would rule expeditiously. 1/
3/ So Trump Administration wants Court to say whether or not it can withhold funding to FEMA based on concerns of the funding. (More on declaration shortly.)
4/ Once again I am jaw-dropped over idea that a Court can require Executive to seek this kind of permission, but Trump Administration is jumping through hoops. Trump is giving these lower court just enough rope to hang themselves.
6/ Basically Declaration explains grants include a condition that the funds be used for legal purposes and in compliance with law but that the evidence indicates they are being used to facilitate illegal activity. This illustrate how ridiculous TRO is: Fed. Court barred
7/ Trump Administration from freezing any federal grant yet every grant has conditions & that's between grantor & grantee & should be a separate lawsuit where Plaintiff establishes it would violate grant/law to cancel. If Court prohibits Trump from freezing this spending look
8/8 for appellate court to rethink stay and if not Trump going to Supreme Court.
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3/ In short, Judge split baby in half saying "senate confirmed" Treasury folks could have access to databases but not other political appointees or special DOGE employees. In so ruling, though, Court reveals nonsense of case. Here's reasoning why senate-confirmed folks get access
🧵of current federal cases challenging Trump Administration actions with links to free docket at Courtlistener.
1/
2/ State of NY v. Trump, First Circuit Court of Appeals: Appeal from RI District Court case in which ~20 blue states challenged OMB Directive to freeze federal funding. courtlistener.com/docket/6962770…
3/ State of NY v. Trump, Rhode Island District Court, Lawsuit filed by ~20 blue states challenging OMB Directive to freeze federal funding. courtlistener.com/docket/6958599…
3/ Several take-aways: First, everyone should read the first section of the filing that illustrates how outrageous the order was and the blatant usurpation of the Executive's powers.
🚨🚨🚨BREAKING: Trump Administration files motion to stay in Rhode Island District Court out of abundance of caution, as you have to seek stay in lower court before appellate court and it sought one, never separately. That motion highlights HUGE problems with TRO. 1/
2/ For instance, TRO said that agencies could still act to cancel grants if authorized by statute, regs, or grant, but now says nope, you can't do anything you have authority to do if it means canceling a grant.
3/ This paragraph perfectly captures the structural problems with TRO. And by "structural" I mean completely contrary to our constitutional structure.
Two federal trial court judges have entered injunctions against the Executive Branch of government. One injunction mandated the President of the United States immediately restore any frozen funding & immediately end any federal funding pause. 1/
2/ Second injunction barred any political appointees, including Secretary of Treasury from accessing Treasury databases & prohibiting Executive Branch from allowing its contractors to review data to inform President.
3/ Both of these cases were brought by more than a dozen Blue States, with those Blue States demanding a federal judge prohibit Executive Branch from freezing any federal funding & barring Commander-in-Chief from having his people review database. Let that sink in!
🚨🚨🚨BREAKING: Holy crapola! This federal judge went so far off the rails, Trump Administration really has no option but to seek mandamus! 1/
2/ Yesterday, Blue States sought to enforce TRO entered by Rhode Island federal court. Gov't responded spending isn't covered by TRO, other is allowed by statute, other is because of computer freezes given amount required.
3/ Judge's Order today prohibits any freeze on ANY federal funding which is much beyond what lawsuit challenged. Here's order I bought on Pacer and uploaded to Courtlisterner. storage.courtlistener.com/recap/gov.usco…