Thread by @ProfMJCleveland

🚨BOOM: Trump files second document in Garcia case opposing Garcia's various requests in his Motion for Additional Relief. 1/

2/ Link: Comments to follow. storage.courtlistener.com/recap/gov.usco…

3/ Trump Administration begins noting that Court invited the Motion Garcia filed for "additional relief," and that the relief sought seeks to micromanage diplomatic relations...It does.

4/ Trump Administration argues the relief would violate SCOTUS directive to respect Article II authority.

5/ Trump Administration then walks Judge through what SCOTUS actually ordered which was NOT an affirmance as she and Garcia continue to inaccurately claim. Here, Trump Administration stressed points I made earlier concerning what SCOTUS said.

6/ Namely: a) Clarify "facilitate;" b) facilitate release "from prison"; and c) treat Garcia as he would have been treated if not wrongly removed to El Salvador. SCOTUS did not say facilitate release to United States & that wouldn't be consistent w/ how removal ganger members

7/ are treated: They are taken to GITMO.

8/ 🔥🔥🔥WHOA! Given that Judge did not clarify what "facilitate" meant, as SCOTUS required her to do, Trump says here's what it means in immigration context and that is what it must mean to be respectful of Article II authority. THIS IS HUGE: Trump is saying he doesn't

9/ need to ask El Salvador to do anything. (Still reading so this is preliminary view).

10/ Trump Administration is telling Judge point blank, you do not have the power to order President to do anything related to foreign relations, with a subtle dig about what SCOTUS cautioned her against.

10/ Trump stressed this point again!

11/ Trump then punches down idea of discovery as infringing on Article II:

12/ Trump concludes with note of respect and compliance with SCOTUS--another subtle dig to judge who has ignored SCOTUS' guidance.

13/ Prediction: Judge isn't going to back down, but will enter order to show cause, grant some discovery (but allowing briefing on any privilege claims), and will continue to ignore SCOTUS.

14/ It was also entirely predictable that we are where we are with this ongoing fight between Article II and Article III, with the latter trying to manage Executive's foreign affairs. And it is entirely SCOTUS' fault for allowing things to get this crazy.

https://x.com/ProfMJCleveland/status/1910686357489328349

15/ I will say, though, I've changed my view on what Trump should do now (from bring him to US and then take to GITMO) because Trump Administration's briefing made me realize principle behind order: needing to make clear Article III cannot tell Article II what it must try to do diplomatically.

16/ Maybe Trump wouldn't have been cornered to defend that principle had Article III acted more respectful of Article III authority, leaving room for Article II to choose to engage in certain diplomatic efforts that court wanted.

17/ But it was entirely predictable that SCOTUS wasn't going to achieve a "can't we all just get along solution," as I said after the order dropped in what might be my most accurate hot take ever:

https://x.com/ProfMJCleveland/status/1910514031539994939

18/18 Things are going to just get messier this week and SCOTUS will eventually need to admit the obvious: Article III can't remedy the mistaken removal of Garcia to El Salvador.

Note: That should be clarify "effectuate".