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Margot Cleveland Profile picture
@ProfMJCleveland
Feb 18 • 4 tweets • 2 min read • Read on X
🚨🚨🚨BREAKING: FINALLY, Trump Administration files sworn Declaration explaining what authority @elonmusk has and doesn't have! Relevant to this case below b/c Blue State Plaintiffs are arguing Musk is making decisions. 1/ Image
Image
2/ Link to declaration: storage.courtlistener.com/recap/gov.usco…
3/ Trump Administration filed Declaration with this Notice that responded to Court's questions regarding layoffs. Note reference to "non-parties" in Notice because the lawsuit is NOT about those parties engaging in firings but about Musk & DOGE supposedly firing folks. Image
Image
4/4 I'm glad DOJ finally filed this Declaration. While it wasn't DOJ's burden, Court made clear today it wanted government to disprove Plaintiffs' claims--and now they have: Musk/DOGE lack authority states claim they have. storage.courtlistener.com/recap/gov.usco…

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Feb 17
So, . . . been buried today in my own legal briefing rush & only now taking a breather to regroup so I can explain this better: Below is basically play-by-play of the argument. Judge expressed great concern that there was nothing "imminent" necessitating TRO. Blue States 1/
2/ in my view utterly failed to show what was imminent that could not be fixed later, which is what a TRO is for. Cutting grants can be cured. Firing folks can be undone. Judge also seemed concerned that access to info wasn't the issue--but the cuts & firings.
3/ Based on totality of hearing, I except Judge to deny TRO & hold for PI hearing. The other alternative is what I posed today @FDRLST which provides more insight into issue. On that one final note: Judge didn't buy that Musk wasn't given authority to terminate/cut.
Read 4 tweets
Margot Cleveland Profile picture
Feb 17
🚨🚨🚨Hearing starting momentarily, will try to live post: 1/
2/ Full docket: courtlistener.com/docket/6963865…
3/ Judge: Had hearing on Friday, I asked Plaintiffs to file proposed order narrowing; filed narrowing proposed scope on Sat. at 4; at Friday's hearing it was my harm extremely serious & colorable claim; but TRO wasn't tailored to gov't; narrowed from 11 to 2 dept; revised to ask to enjoin Musk, DOGE, defendants, accessing/copying in 7 agencies; or terminating agents/employees in agencies: OPM, educ., labor, hhs, energy, transportation, commerce; asked for 14 days; cite complaint, declaration, news report. Gov't responded: remains too broad & not tied to appointment clause; asked to proceed on PI; 1:30 a.m. Plaintiffs filed reply, arguing threat of data disclosure & dismanteling will cause irreparable harm, and oppose PI and seek discovery. On Friday: TROs/PI are extraordinary remedies, PI only after notice; TROs purpose to preserve status quo; same 4 part test applies to both. Emergency TRO so immenent. Plaintiff if deny & get PI, then allow discovery?
Read 9 tweets
Margot Cleveland Profile picture
Feb 17
🚨🚨🚨New lawsuit docket on Thursday but with technical mistake so corrected complaint only accepted for filing yesterday. Lawsuit by 26 John or Jane Does who are employees or contractors for USAID suing Musk & DOGE alleging 2 counts. 1/
2/ Count 1 is an Appointments Clause count and count 2 a separation of powers count. Appointments Clause claim mirrors one up for consideration tomorrow in D.C. D.Ct. 👀@fdrlst tomorrow where I explain why that claim is fatally flaws.
@FDRLST 3/ Count 2 Separation of Powers count also flawed b/c Plaintiffs beef is not with Musk & DOGE but President & agencies. Full complaint: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Margot Cleveland Profile picture
Feb 16
🚨🚨🚨BREAKING: As I predicted, the Trump Administration is vacatur & immediate stay from SCOTUS in case ordering reinstatement of Dellinger--whom Trump fired as Special Counsel. 1/
2/ Full filing documentcloud.org/documents/2553…
3/ As brief notes: Image
Image
Read 10 tweets
Margot Cleveland Profile picture
Feb 15
🚨BREAKING: Blue states file proposed Order following Friday hearing on Temporary Restraining Order before Judge Chutkan (Obama). That she ordered states to submit revised order suggests she intends to enter it. Scope is crazy! 1/
2/ Full proposed order. That court it to be filed on Saturday suggest is will be entered over weekend. storage.courtlistener.com/recap/gov.usco…
3/3 As drafted, the Order would prohibit Donald Trump & heads of agencies from assessing data or firing anyone. Would be most restrictive of all TROs entered to day if Court enters. Image
Image
Read 8 tweets
Margot Cleveland Profile picture
Feb 14
🚨🚨🚨BREAKING: Court enters TRO against Trump administration enjoining enforcement of funding cut for child mutilating & chemical sterilization "hospitals". Also, enjoins so-called "redefining" of "female genital mutilation" 1/ Image
2/ Full order: storage.courtlistener.com/recap/gov.usco…
3/ Court enjoined this section: Image
Read 6 tweets

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