On the filing: Drew Ensign, who argued the Alien Enemies Act case before Judge Boasberg.
UPDATE: The 9:30 deadline has passed with no information from the Justice Department about Abrego Garcia's location or status, as demanded by the judge. She has not granted an extension, unclear if she will.
UPDATE: Abrego Garcia's lawyers urge the judge to reject DOJ's effort to delay. They say the government was under order for multiple days to begin facilitating Abrego Garcia's return prior to Chief Justice Roberts' stay order on Monday. storage.courtlistener.com/recap/gov.usco…
DOJ's position ignores Xinis' request for information about steps that the administraiton has already taken – not just the ones it might take in the future.
HERE WE GO: Judge Xinis has taken the bench.
XINIS begins by summing up SCOTUS order, which she notes "affirmed all aspects of my decision and prior orders save for requiring clarification."
"This court amended its prior order and made clear what the government must do consistent with the Supreme Court’s directive."
XINIS now asks for update on Abrego Garcia's current physical location and custodial status.
ENSIGN: We are still internally reviewing the Supreme Court's decision and vetting what we can say to this court.
XINIS: "What to you mean ... this is a very direct question."
ENSIGN says he has not been told where Abrego Garcia is.
XINIS is frustrated. Says this is basic information that she ordered be provided.
ENSIGN: I do not have that information provided to me.
XINIS now demanding details on what the administration has done to facilitate Abrego Garcia's release.
ENSIGN: "the defendants are not yet prepared to share that information"
XINIS: "That means they've done nothing."
XINIS wants a 'yes or no' answer to whether the administration has done anything whatsoever to facilitate Abrego Garcia's release/return. Ensign continues to say he has no information.
XINIS notes Supreme Court said admin shoud be prepared to provide info but they aren't.
XINIS: "The Supreme Court has spoken quite clearly and yet I can’t get an answer"
ENSIGN says the government cna be prepared to file something by Tuesday but that responses "may include assertions of privilege."
XINIS: “We’re not going to slow-walk this … we’re not relitigating what the Supreme Court has already put to bed.”
ENSIGN: "We read the Supreme Court's order differently."
Lawyers for Abrego Garcia say the Trump administration is "playing games," depriving DOJ of information the court has demanded. They want her to demand testimony from officials in the know.
XINIS seems reluctant for now. Says she may do a "very quick briefing order."
XINIS says she will demand daily updates from the government. "We’re going to make a record of what, if anything the government is doing or not doing."
Says she'll rule as quickly as she can.
HEARING OVER: Judge Xinis will require daily updates from the govenrment on three things:
1) Abrego Garcia's location/status 2) What efforts it has previously undertaken to get him back (while her order was in effect) 3) What efforts it may take going forward.
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A federal judge is not prepared to “rubber stamp” the dismissal of charges against a Jan. 6 defendant who was separately convicted of an unrelated gun charge.
Judge James Bredar is asking prosecutors to explain why they suddenly claim Trump’s pardon covers this — and to explain the “inconsistent” positions it has taken on this question over the past two months.
DOJ has taken the position that Trump J6 pardon applies to:
1) Ben Martin (gun conviction w history of domestic violence) 2) Dan Wilson (gun conviction w a felony record) 3) Elias Costianes (gun conviction w history of drug abuse) 4) Jeremy Brown (possession of grenades, guns, classified info)
DOJ has taken the position that the pardon does NOT apply to:
1) David Daniel (possession of child pornography) 2) Edward Kelley (conspiracy to murder law enforcement who investigated him) 3) Taylor Taranto (threats and firearm possession)
NEW: The Justice Department says Jan. 6 defendants whose convictions were wipred out by Trump are owed a refund for the restitution they paid to Congress.
DOJ's position came in response to a request for a refund by defendant Stacy Hager, who wants back the $500 he paid to the architect of the Capitol after his conviction.
But not ALL Jan. 6 defendants are entitled to it, DOJ says. Only those who were actively appealing their convictions at the time Trump issued his pardon, they say.
BREAKING: Judge McFadden has *granted * the AP’s injunction against the White House’s ban on access to the Oval Office and East Room.
There are plenty of good reasons the White House could restrict access to reporters from some events, the Trump-appointed judge concluded. But singling out some outlets over viewpoint is not one of them.
McFadden says the Trump administration has been brazen about its overt viewpoint, discrimination against the AP. Even in a place as restricted as the oval office, he says that type of viewpoint based exclusion is impermissible. storage.courtlistener.com/recap/gov.usco…
Just two US senators asking questions abut random assignment in the federal US district court in DC that could be answered by ... actually paying attention to the federal district court in DC. 1/6
There are an enormous number of high-profile cases in Washington because the seat of government is here. Boasberg, over the last 4 years, probably got a lower share. of those explosive, Trump-related cases than most of his colleagues. 2/6
He didn't get the Jan. 6 lawsuits against Trump or the Dominion civil lawsuits, the Navarro or Bannon trials. He got one of MANY Jan. 6 committee lawsuits (Budowich v. Pelosi, a minor one). He sided with Donald Trump Jr. in. a lawsuit brought by Alexander Vindman. He recently denied access by Capitol Police officers to grand jury material relted to their Jan. 6 lawsuit. 3/6
BREAKING: The 4th Circuit has *denied* the Trump administration's effort to resist an order to return Kilmar Abrego Garcia to the United States by midnight tonight.
MORE: The panel, which ruled unanimously, scolds the Justice Department for penalizing the lawyers who argued the case. "The duty of zealous representation is tempered by the duty of candor to the court ... and the duty to uphold the rule of law." s3.documentcloud.org/documents/2588…
Judge Wilkinson, a Reagan appointee, says the Trump administration's position on Abrego Garcia amounts to a "path of perfect lawlessness." storage.courtlistener.com/recap/gov.usco…
JUST IN: Saying the Trump administration’s “grievous error” “shocks the conscience,” a federal judge has rejected their call to lift her order demanding the return of Kilmar Abrego Garcia. storage.courtlistener.com/recap/gov.usco…
Judge Xinis notes that the prison in El Salvador is known to deprive prisoners of food, water and shelter and “fosters routine violence.” storage.courtlistener.com/recap/gov.usco…
Xinis says the prison “intentionally mixes rival gangs” and said labeling him MS-13 has left him at risk of reprisal. She notes that despite the admin’s claim Garcia is MS-13, the govt presented no evidence in her courtroom. storage.courtlistener.com/recap/gov.usco…