Thread by @MacFarlaneNews

STAND BY:

Attorneys are entering courtroom here at DC federal court

Judge James Boasberg has 3pm hearing to get to the bottom of why his orders to "turn the planes around" wasn't complied with last month.. When Trump Administration used 18th century law to deport Venezuelans

Judge Boasberg doesn't waste time. He opens hearing noting the "public attention" being attracted by these deportations of Venezuelan nationals.. and the court order that was NOT complied with

He wants answers today

Judge Boasberg presses Justice Dept attorney (Drew Ensign)

Judge asks DOJ to confirm that they *knew* his order didn't prevent gang members from remaining jailed.... and didn't prevent them from being deported thru normal means

Justice Dept attorney: "Yes your honor"

Judge asks Justice Dept to confirm that they knew his order didn't call for the suspected gang members to be released

Justice Dept attorney: "Yes your honor"

Judge gets the Justice Dept attorney to confirm that anybody claiming judge's order would "release" suspected gang members .. was making a false statement

About March 15 deportations...

Judge: When was proclamation made? March 14th or 15th?

Justice Dept attorney says he believes it was 14th. And he tells judge he doesn't know why it wasn't announced until March 15th

Judge asks if the Alien Enemies Act deportation order wasn't announced until March 15th .. to avoid court scrutiny

Judge Boasberg notes how Trump has since claimed that he didn't sign proclamation

Justice Dept attorney says he hasn't seen Trump's press conference in which he said so

Judge Boasberg: Immigration and Customs Enforcement *clearly* knew about Alien Enemies Act proclamation before 3:53pm on March 15

Judge says the people in Texas couldn't have rounded up 3 planeloads of people in time... if they first knew to do so at 3:53pm on March 15

Judge Boasberg: The morning of March 15... "scores" of Venezuelan nationals were loaded on to buses ahead of deportation

Judge: Clearly immigration agents were working on deportations before 3:53pm on March 15

Justice Dept attorney: "You could draw that inference"

Judge Boasberg counterpunches on that argument by Justice Dept

"What other inference could you draw???"

Judge Boasberg asks what other inference one could draw: Besides that an expedited effort was made to get deportees on plane before the hearing he scheduled for March 15

Judge: Proclamation was signed on March 14th... then not publicized until 353pm on March 15th.. "while people are being bussed to planes in the morning"

Justice Dept attorney says "there are no facts in the record" that they were trying to circumvent court

Judge: "Only because I was available.. when i was notified at 725am on Saturday morning.. and could review (the motion) and the case was then assigned to me" did hearing happen Saturday

Attorneys for the Venezuelan nationals filed suit at 1:12am on March 15

Judge says the only reason those plaintiffs "got any relief" is because Judge was available for a hearing same day

Judge: "The window of 1am and 7am on a Saturday is sufficient time to challenge government action?"

Justice Dept: Not really. But temporary restraining orders are being filed a lot lately

Judge: "Why wouldn't the prudent thing be to say: 'Let's slow down here.. and see what the judge says?.. It's sure better to be safe than risk violating the order"

Justice Dept: "I don't have knowledge about how decisions were made" about operational details of deportation

There it is:

Judge Boasberg details an "admitted" error in the deportations.

Judge cites by name... a man who was in "the group that you're rushing to get out of the country before a judge can act"

Judge presses Justice Dept about the two hearings he held on night of March 15

Judge: “You had no knowledge whatsoever between 5pm and 6pm that day .. that planes were in the air or would shortly be in the air?”

Justice Dept: We had no knowledge "from our clients"

Justice Dept attorney (Drew Ensign) invokes "attorney-client" privilege when asked about what Ensign was told on night of March 15

Justice Dept attorney acknowledges 8 women were returned to US from those deportation flights to El Salvador last month

Judge: "So .. it was feasible for those planes to bring people back"

Former acting US Atty General James McHenry (who in March -- and now - is deputy associate atty general) was listening to the 5pm March 15th hearing on deportations, per Justice Dept attorney

Judge: "Who else?"
Attorney: "I don't recall"
Judge: "Well... think about it"

US Justice Dept attorney again cites "attorney-client privilege"

Judge Boasberg: Not every communication between an attorney and client is subject to privilege

Judge Boasberg to Justice Dept attorney:
"Who else did you tell about my order?"

Justice Dept: Contacts at DHS and State Dept

Judge: "OK.. who?"

Justice Dept attorney names a couple of DHS officials and a State Dept official whose name he's unsure how to pronounce

Justice Dept attorney says other people in Justice Dept ("the relevant people") were notified about the judge's order on March 15

Judge: "Who then gave the order that the planes should not be turned around?"

Justice Dept attorney: "That's subject to attorney-client privilege"

Judge: "Who made the decision that it was 'perfectly appropriate' to continue with the deportation flights?"

Justice Dept attorney: "I don't know"

Judge Boasberg presses again: "You *really* don't know? I'm interested in finding that out"

** Judge Boasberg** says there are possible future contempt proceedings ..... he wants to get that information

Judge to Justice Dept attorney: "If I don't find your arguments convincing.... how should I determine who" to subject to further scrutiny?

Judge: "If i find there's probable cause for CONTEMPT... then there's a good chance we'll have hearings"

Judge urges Justice Dept attorney to discuss that with his clients

Capacity crowd in the courtroom.

So far.. it's been a 34-minute interrogation of Justice Dept attorney by Judge James Boasberg.

Judge wants to know why sharing details with him in private -- in secured room -- wasn't an option for Justice Dept.

Justice Dept attorney: "That information was included in our reponse"

Judge.. "yeah.. but pretty sketch-ally"

Judge Boasberg calls up the plaintiff's attorney now. Attorney for ACLU

To respond to the Justice Dept arguments today

ACLU (plaintiff's) attorney:

Government didn't provide all the information. "The next step has to be some evidence that is 'sworn'."

He suggests a hearing .. with people under oath

Plaintiff's attorney to judge: "We certainly believe the (judge's) order was violated"

Judge James Boasberg says "he'll review the material" .. and will issue an order to determine if *CONTEMPT* has occured.

Boasberg says he doesn't expect to issue the opinion "before next week"

There's a separate hearing in case TUESDAY at 3pm