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Margot Cleveland Profile picture
@ProfMJCleveland
Mar 17 • 15 tweets • 5 min read • Read on X
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🔥Trump Administration files response to Venezuela terrorists filing earlier today asking for details on flight. 1/
2/ storage.courtlistener.com/recap/gov.usco…
3/ WHOA! Image
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. Image
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4/ Sounds like Trump may have given a separate order beyond the Proclamation. Image
5/ Once outside territory they were already "removed" DOJ argues so they didn't violate TRO that said you can't "remove" them. Image
6/ I'm confused here if the DOJ is saying removed based on Aliens Act but not Proclamation or NOT Aliens Act. Image
7/ DOJ won't tell Court what happened after outside airspace because concerns foreign relations. Image
8/ DOJ now brings Article II point which I saw as being strongest for the "turning around the planes" aspect of the dispute. Image
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9/ In short: "With all due respect, your Honor, Step Off!" Image
10/ Link. Concluding/Overall thoughts to follow. storage.courtlistener.com/recap/gov.usco…
1/ And Judge counters: Hell no! Image
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..."Image
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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More from @ProfMJCleveland

Margot Cleveland Profile picture
Mar 19
🧵This post by @shellenberger provides an opportunity for me to hit a point I've been making the last week, but which many are still missing. For 2 months, Trump Administration has faced an avalanche of unconstitutional court orders from single federal judges. 1/
2/ More TROs & PI have issued against Trump Administration in 2 months than 4 years of Biden. And while appeals process is still ongoing for many of those, appellate courts have already stayed several orders showing my point re unconstitutionality is not spin but reality.
3/ Supreme Court stayed one judge ordering payment of $2 billion in 36 hours & told judge to be more specific; 3 appellate judges said Trump likely to prevail on firing of Special Counsel Dellinger and ruled he remain out and not reinstated.
Read 14 tweets
Margot Cleveland Profile picture
Mar 19
🚨DOJ demands an emergency stay from Judge in Venezuelan government-gang removal case. Entire motion is worth reading. Bottom line: There is absolutely NO reason for the court to deny a stay. There is no urgency for Court to obtain information. 1/ Image
2/ In fact, the Court doesn't need information at all because Court has enough information to either hold Trump Administration in contempt or not because Trump Administration's position was it didn't have to turn airplanes around after left airspace. Image
3/ To this point, I've believed judge was wrong & horribly so, but not "maliciously" so. But if judge denies stay, he will have proven he is intentionally creating constitutional crisis b/c again, there is no urgency to Court gaining access to info. OR storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Margot Cleveland Profile picture
Mar 19
🚨BREAKING: Court in Khalil (Columbia Hamas-baking student case), transfers his habeas petition to New Jersey. 1/
2/ Judge must have decided each of Khalil's attorneys was entitled to 1,000 words in her opinion, which is exceedingly detailed. On decision to transfer to New Jersey instead of LA, her analysis is convincing but strikes me as off in context of habeas. storage.courtlistener.com/recap/gov.usco…
3/ She notes how statute speaks of where a case COULD have originally been brought as opposed to NOW brought, which at 4 a.m. was New Jersey. Given nature of habeas though, that just doesn't make sense. BUT analysis is extremely solid so I'll wait to see DOJ's counter
Read 7 tweets
Margot Cleveland Profile picture
Mar 19
And Judge Tanya Chutkan makes 5, enjoining EPA from terminating grants. At least she didn't order EPA to pay the grants...at least not yet! 1/ Image
2/ Order. storage.courtlistener.com/recap/gov.usco…
3/ How crazy is this having Citibank hold the funds! Image
Read 5 tweets
Margot Cleveland Profile picture
Mar 18
Trump Administration filed a Motion to Vacate TRO in Venezuelan government gang case seeking to lift court's injunction. 1/
2/ This brief is excellent and I do not see any feasible basis to conclude the court has jurisdiction. storage.courtlistener.com/recap/gov.usco…
3/ ACLU is 💯searching for a gang member detained in District of D.C., but I can't imagine INS has any detention centers, even temporary in D.C. Court should vacate TRO and dismiss or transfer...but he won't!
Read 11 tweets
Margot Cleveland Profile picture
Mar 18
THREADETTE on prediction: I predict Court of Appeals will grant stay meaning Harris (Merits Protection Board) and Wilcox (NLRB) remain fired. Status quo is BEFORE judicial involvement & harm of reinstating much greater than harm to individuals. 1/
2/ Only right to reinstatement comes from mandamus, but mandamus requires "clear right," which cannot be said because Seila Law leaves Humphrey's coverage "clear" as the D.C. Swamp.
3/ If I were drafting opinion, it would run:
Stay standard with importance of preserving status quo before judicial involvement. Likelihood of success considers success on merits, but in considering stay we must also consider success of achieving remedy. Reinstatement only
Read 6 tweets

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