4/ Trump Admin. hits numerous deficiencies: a) ACLU filed application on behalf of clients "does not represent," using "class action" procedure that is not available for habeas claims, and using individuals who deny membership in tDa--which is not others in supposed class.
5/ Interestingly, Trump says SCOTUS order limits removal of tDa members on other other grounds & notes that those held in Texas are removable on other grounds. It is unclear if orders of removal have already been obtain or Trump just means they can get those.
6/ I hadn't read SCOTUS as limiting removal on other basis but it technically is that broad because the proposed class says
"were, are, or will be subject to" proclamation & all tDa members are "subject to proclamation," but could still be removed a different way.
7/ And SCOTUS order says Trump can't remove any member of putative (wanna-be) class and doesn't say don't remove for that reason!
8/ As I noted earlier in another thread, the district court said it was prepared to enter a decision on Plaintiff's request for a class TRO when ACLU filed appeals. Will SCOTUS step off and allow district court to enter its decision?
9/ This was the fundamental flaw with SCOTUS entering it's order:
10/ And again, point I made earlier:
11/11 SCOTUS has created another mess because it is clear it shouldn't have entered its order because: a) no class certified; b) no class can be certified; and c) "norms" would be to allow lower court to rule. BUT if SCOTUS vacates order, Trump will likely immediately deport.
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🚨🚨🚨BREAKING: Huge win for Trump Administration with judge DISMISSING lawsuits challenging President's supposed "dismantling of USAID." This development is hugely significant! 1/
3/ Reason this is key is because many other cases against Trump Administration raise similar claims and the holding of no jurisdiction would bar those claims too. Once appealed, the circuit court's precedent will bind other DC district courts & will be persuasive in other cases.
🧵Holy BEEP! Wading through the HPSCI report on ICA which I had previously exclusively reported revealed corruption was much worse than what CIA report on ICA revealed. Hitting points here.
2/ Here's the link if you want to read along, but there are so many threads that need to be wove together to understand, which I'll do below. justthenews.com/sites/default/…
🚨🚨🚨BREAKING: Trump Administration files petition for writ of mandamus in 9th Cir. to check district court. (Layman's terms: Trump asked the federal appellate court to tell the lower court judge he can't do something. It is not an appeal and thus case is against the "court.") 1/
🔥🔥🔥Obama ordered the fraudulent ICA on Russia influence in 2016 before IC pulled PDB that @DNIGabbard released yesterday, declassified emails show! Working on deep-dive of release & just discovered this detail!
2/ Until now, everyone (unless I missed someone who already caught this) assumed Obama ordered the ICA during the 12/9/2016 meeting, but NO, this email from day before (12/8/2016) referenced that ordered ICA, noting goes to Obama 1/9. AND 12/8 email referenced upcoming 12/9 "PC" meeting.
3/ "PC" per @DNIGabbard release is “National Security Council Principals Committee," which met on 12/9, at which Obama reportedly gave order for ICA that @CIADirector found fraudulent & manipulated. BUT that order came on 12/8! Why does that matter?
🚨BREAKING: Lawyers in Alien Enemies Act case representing aliens removed to El Salvador now want Trump Administration to bring them back from Venezuela where they are now, to provide them habeas. IF they want asylum, though, they can seek from Venezuela. 1/
2/ If citizens, they could show and come without habeas (and none are). And none of the others have a right to be in U.S., plus they'd be nuts to agree to come back to U.S. now. Trump Administration also has stronger argument that they are enemies given Venezuela wanted them.