3/ DOJ's position is oral ruling was NOT a governing injunction. Cites case law. Also, DOJ acknowledges oral order was broader than minute order and says minute order controls.
4/ Sounds like Trump may have given a separate order beyond the Proclamation.
5/ Once outside territory they were already "removed" DOJ argues so they didn't violate TRO that said you can't "remove" them.
6/ I'm confused here if the DOJ is saying removed based on Aliens Act but not Proclamation or NOT Aliens Act.
7/ DOJ won't tell Court what happened after outside airspace because concerns foreign relations.
8/ DOJ now brings Article II point which I saw as being strongest for the "turning around the planes" aspect of the dispute.
9/ In short: "With all due respect, your Honor, Step Off!"
12/ Judge likely noted that the filing did NOT say the two flights were outside of US Territory AFTER the minute order was entered. Note the word choice: "As to any flights..."
13/ He will also likely asked if the 3rd flight involved Aliens Enemy Act removal or other removal because Trump could have ordered them removed/made same findings just not in the proclamation.
14/ Judge is going to be pissed over several things...more later.
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THREADETTE: SCOTUS's decision yesterday in Callais case striking down Louisiana's unconstitutional race-based districts prompted voters who brought challenge to immediately file an application asking Court to rush case back to district court so the districts could be redrawn. 1/
2/ The losers who want to continue to discriminate based on race in district mapping oppose sending case back to district court on expedited basis. And Alito ordered them to respond by 4 p.m. Fact that pro-discrimination side wants to delay case with midterms around corner makes
3/ me wonder, given @MZHemingway reporting in Alito, that Leftist justices dragged feet in Dobbs, holding up opinion by delaying dissent and THEN unnecessarily citing another SCOTUS decision that had not yet been released, whether the Leftist justices did the same here BUT
2/ Trump Admin. prior comments indicated they would secure Strait of Hormuz & possibly take over Kharg Island to get oil moving. Last night, Trump indicated we will lead efforts to open Strait but those impacted need to join fight. Now, this may be misdirection to attack Kharg,
3/ Or Trump decided, we're not going to risk Americans' lives to do either if those in need of that oil won't step up. But we will continue the much safer bombing which will eventually (which he suggested may be about 3 weeks), lead to Strait opening b/c Iran is on last legs
4/ of weapons & leaders. Trump may well have thought Iran would be Venezuela & he'd be done within days or a few weeks, but he's making clear we will continue bombing until morale improves. He's betting on short-term pain being greatly overset by Iran's full destruction.
🚨🚨🚨BREAKING: @realDailyWire and @FDRLST scored a victory in their lawsuit against the State Department, filing today a Joint Motion for Entry of a Consent Decree. I was thrilled to lead this litigation with the @NCLAlegal team! 1/