Thread by @ProfMJCleveland

🚨🚨🚨Trump Administration files its Emergency Motion for Stay of Judge Xinis's order re Garcia. Court orders Garcia's attorneys to respond by 5. 1/

2/ Fishing expedition with discovery noted.

3/ While it was a mistake to remove Garcia to El Salvador, Trump Administration makes point that it could have the withholding of removal to El Salvador formally removed. That doesn't change that it was mistake but makes this exercise seem even more ridiculous.

4/ Here is what Court order for discovery:

5/ This is where this appeal begins and ends:

6/ As for the litany of cases the district court cited regarding what the Executive branch could do to facilitate and aliens return as I noted yesterday there's a difference between what they can do and what a court can order them to do. Trump Administration makes that point:

7/ I'm still not happy w/ DOJ's handling of "facilitate release from custody." SCOTUS said that order would be appropriate. SO DOJ needs to explain that since Garcia is not being held for U.S. or being paid by U.S. there is nothing to facilitate that would not mandate diplomacy.

8/ Here's what DOJ asks for in stay:

9/ DOJ also argues Judge Xinis violated "mandate rule" meaning she ignored what SCOTUS told her to do by ordering DOJ to file details before she amended her order.

10/ On discovery, Trump Administration argues inappropriate because "facilitate" isn't defined.

11/ Trump Administration notes that mandamus is often granted in such circumstances:

12/ Trump also counters narrative that detention at prison is torture.

13/13 And this one's for the idiot who about a week ago quipped I was merely repeating word "mandamus" I just learned about 5 minutes ago. NOTE: Yesterday I stressed it would be appeal of order re facilitate AND mandamus re discovery.

14/ Here's link: Sorry thought I had posted it earlier:storage.courtlistener.com/recap/gov.usco…