Thread by @ProfMJCleveland

🚨🚨🚨Unsurprisingly, Court in Alien Enemies Act denied Motion to Vacate TRO but offered to convert to a Preliminary Injunction which allows immediate appeal. 1/

2/ Opinion only concerns merits and not issue of contempt, but again, the Court's own words focus on "removal" and Trump Administration's position is order only prevented "removal" and they were already removed before the written order.

3/ On the merits: I remain of the view this court lacked jurisdiction because there is habeas jurisdiction just not before THIS judge and when another basis for relief is available an Administrative Procedure Act claim cannot be brought. storage.courtlistener.com/recap/gov.usco…

4/ On the CAT claims, my recollection is the Plaintiffs ONLY alleged fear of torture in Venezuela which is NOT what court here considered. Further that claim was not brought here.

5/ I do agree with Court that there are tons of complicated legal issues but problem is this judge lassoed jurisdiction to enter injunction when I believe best reading of APA & case law is there was no jurisdiction.

6/ Here's opinion: storage.courtlistener.com/recap/gov.usco…

7/ Also, Judge seems peeved Trump Administration sought to use Article II Executive authority and avoid Article III thwarting that. But that is NOT a basis to hold Trump Adm. in contempt. And as I've explained before, case law supports Trump's position he did not disobey.

8/ If Judge applies that case law most he could do is say Trump may have followed letter of law but not spirit but that is not enough for me to hold him in contempt. And as I've said, that's precisely what Trump is doing to avoid a "constitutional crisis."

9/9 And that's a "good thing." realclearpolitics.com/2025/03/19/an_…