Final thoughts: Judge will grant a TRO but shouldn't. Plaintiffs have burden of showing injury caused by violation of law. There is no final agency action & if there was, it isn't arbitrary & capricious b/c important things were waived & there is alternative remedy. 1/
2/ There is no Separation of Powers issue b/c it is not imminent that Trump won't spend all of appropriated funding. And the Plaintiffs can't prove injury b/c they don't identify which grants can be canceled or stayed under grants b/c they don't identify and provide grants.
3/ The judge's questions show he knows all of this but wants to enter an order to prevent the "dire harm" claimed. (Food rotting & medicine expiring is nuts. Meds have 2 year expiration dates and won't be on shelf is just about bad & food is staples w/ late dates plus waived.
4/4 Judge knows the problem and thus asked plaintiffs for an order to see if it is possible to give relief.
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🧵Folks, I'm reposting this THREADETTE from last night (and adding a new one here) because most reporting is announcing Judge barred Trump from freezing grants without including the rule-swallowing exception the Court added. 1/
2/ So here's what Court enjoined, saying Trump Administration could NOT freeze, suspend, blah, blah, blah funding, grants, etc. Big deal, right? Constitutionally speaking it is, but practically? Let's continue.
3/ Judge then EXPRESSLY, in CAPS and BOLD "ORDERED" that nothing in this order shall prohibit the Restrained Defendants from enforcing the terms of contracts or grants." That addition swallows the rule like a whale a kayaker on the ocean!
THREADETTE: Folks, I know this ever-growing list of cases brought by those seeking to thwart Trump Administration's agenda seems daunting & watching federal judges enter TROs prohibiting implementation of policies is disheartening, but these case are all on fast track. 1/
2/ Because Plaintiffs are all seeking injunctions, Trump will be able to appeal preliminary injunctions immediately. Such appeals are expedited & so the America First agenda will not be tied up in courts for long. ALSO, most of TROs entered have major flaws making them ripe
3/ for quick reversal, either b/c Plaintiffs lack standing, there is no imminent harm, or no final agency action. In fact, those flaws have left the TROs toothless w/ the Court telling Trump, in essence, "don't do what you can't do."
🚨BREAKING: Trump Administration dismissed this appeal. Dismissal makes sense b/c lower court judge yesterday entered an order that basically walked back his unconstitutional TRO & acknowledged Trump Administration could do what it was doing re canceling grants. 1/
🚨BREAKING: Related to this case⬇️, Court held hearing on TRO today & ordered filing of several documents. One was a Declaration (sworn statement) by USAID appointee who details obstruction of career staff. is appalling!! 1/
🚨Hearing is schedule for 1:30 at which Court will likely decide whether to grant a TRO* to Plaintiffs which includes many non-profits & the American Bar Association seeking an injunction preventing basically anything to USAID program, employees, grants. 1/
2/ Case was reassigned to Judge Amir H. Ali, who is also a Biden Appointee. *TRO is a Temporary Restraining Order that Court's are suppose to only rarely and in most urgent circumstances grant, but apparently there's a Trump exception to that.
3/ Likely will hear Department of Justice on behalf of Trump argue no standing, i.e., these plaintiffs have no basis to stand before court because no injury. Organizations can have standing if a member has standing & DOJ will argue they haven't identified any 1 member w/ injury.
🚨🚨BREAKING: Plaintiffs (bunch of non-profits getting USAID money) request immediate issuance of TRO or hearing to prohibit basically any limitation of grants. Court ordered hearing for today. 1/
3/ NOTE: This is not a request limited to grants Congress specifically identified and mandated, but across-board injunction that would prevent Executive agencies from deciding how to best spend those grants. I predict Trump Admin. will request at hearing it be converted to PI.*