Margot Cleveland Profile picture
Mar 21 16 tweets 4 min read Read on X
😡😡😡THREAD: Starting fresh thread elaborating on horrifyingly abusive order just entered by a federal judge. Judge Chuang just clarified that he was enjoining Jeremy Lewin, individual Marco Rubio delegated authority to serve as Deputy Administrator and COO of USAID could not: Image
2/ Let that sink in: A Federal Judge told the Acting USAID Administrator and Senate Confirmed Secretary of State the man Rubio selected to serve as Chief Operating Office & Deputy Administrator couldn't serve in those position b/c Judge says injunction applies to Lewin. Image
3/ And no one can possible act as the COO/Deputy Administrator if they have to have EVERY action they take expressly authorized by another USAID employee. Nor could Lewin execute those jobs if he can't terminate contracts, grants, employees, etc. Image
4/ Why did Court rule Lewin was barred for exercising duties as COO/Deputy Administrator? Well, because Judge concluded Musk's work with DOGE likely violated "Appointments Clause" because Musk was supposedly acting as Principal Officer without Senate Confirmation.
5/ And Musk and DOGE, supposedly then acted unconstitutionally in shutting down USAID. Now Lewin was never an employee of Elon Musk or DOGE, but was the DOGE Team Lead at USAID. For the Court that meant Lewin couldn't be in charge of decisions at USAID.
6/ Beyond how nutso it is for an Article III judge to think he can tell an Article II Acting Agency Head to whom he may and may not delegate authorities to, enjoining Lewin for a supposed Appointment's Clause violation is CRAZY. EVEN if Musk were acting as a principal officer
7/ and thus needed to be Senate confirmed, prohibiting someone else (Lewin) from serving in positions (COO/Deputy Administrator) that do NOT require Senate confirmation is illogical!
8/ For that matter, it would be illogical for Court to hold Rubio couldn't appoint Musk COO/Deputy Administrator of USAID. The supposed violation of the Appointments Clause does not preclude same individual from being properly appointment to another job.
9/ Also, for all the screaming of harm to AIDS patients in Africa and other people negatively impacted by USAIDs changes, Lewin is charged with protecting humanitarian programs so this order is going to, in the words of the screaming Left, "literally kill people."
10/ I think we are up to at least 6 cases that need prompt stays during the appeal process, with this case providing one of the most stark examples of the abuse of the district court judges. Here was storage.courtlistener.com/recap/gov.usco…
11/ Here was Trump Administration saying, we're sure you didn't mean injunction to be worded so broadly it kept Rubio from hiring Lewin. storage.courtlistener.com/recap/gov.usco…
12/ And here's judge saying, "Actually, I did and from henceforth I will serve as USAID's super-personnel manager." storage.courtlistener.com/recap/gov.usco…
13/13
14/ To simplify: Judge said Lewin was one of "Defendants" for purposes of the injunction, so everything Lewin said Defendants couldn't do, he said Lewin couldn't do.
...sorry, everything JUDGE said Defendants couldn't do, JUDGE said, Lewin couldn't do.
15/15 Trump has not yet filed notice of appeal but surely will tomorrow and seek emergency stay of both denial of clarification, i.e., judge saying it applies to Lewin, and stay in general.

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More from @ProfMJCleveland

Mar 20
🔥🔥🔥Judge Boasberg's order today in Alien Enemies Act case CONFIRMED Government position that it did NOT violate Minute Order. Judge ordered Trump to explain why he did not violate order by "failing to return" but Minute Order DID NOT order Government to RETURN. 1/ Image
Image
2/ Minute Order ORDERED Trump Administration "not to remove" tDa members. But Judge, in HIS own words, stated that the tDa members had been "removed" and wants to know why they weren't "returned."
3/ Judge can try to spin it all he wants, i.e. "well, that's not what I meant," but just looking at plain language of two Minute Orders that judge himself issued, there was no violation of the Minute Order.
Read 7 tweets
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
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 5 tweets
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
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
3/ How crazy is this having Citibank hold the funds! Image
Read 5 tweets
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

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