🚨🚨🚨BREAKING: Federal district court enters first merits ruling on Alien Enemies Act habeas case. On question of class certification: Court punts on whether class cert. under Rule 23 is available & considers if All Writs Act provides analog, i.e. another way to do a class. 1/
2/ Court holds "yes," so treating it as a class action which allows ACLU to represent all terrorists Trump seeks to remove under Alien Enemies act whether they ask to challenge removal or not!
3/ Note: This remains limited to the jurisdiction of the d.ct. though, so ACLU still seems to need to file "class actions" in all 94 districts...well it would need to if SCOTUS hadn't entered a stay in a non-case with non-plaintiffs already!
4/ Here's "class".
5/ Here is merit's opinion on habeas: Comments to follow. Big picture: This will expedite resolution of these issues as final decision on merits will get to Fifth Circuit & then SCOTUS. storage.courtlistener.com/recap/gov.usco…
6/ Here is the permanent injunction order. This is a "loss" for Trump, but it will allow this case to move forward and precedent to now be established from appellate courts. storage.courtlistener.com/recap/gov.usco…
7/ Court enjoins Trump Administration by finding Alien Enemies Act (AEA) does not provide basis for removal under circumstances stated in injunction. In footnote, court addresses some other issues too.
8/ Court first considers whether it has jurisdiction to consider Trump's proclamation or whether it is barred by political question doctrine. Court holds it has jurisdiction to "construe" AEA's "terms" & whether Trump properly invoked statute.
9/ Court explains that means he can interpret meaning of "invasion," "predatory incursion," and "foreign nation or government,"
10/ But court can't question if such events occurred. This analysis appears correct to me.
11/ This language COULD be problematic depending on how much detail court demands from President.
12/ Court rejects ACLU's argument that ACLU can debate facts "on the ground"--that is political question per court.
13/ Court does NOT reach issue of whether notice satisfies due process because it concludes removal under AEA is not proper.
14/ Court holds Trump Administration need not provide option to terrorists to "voluntarily depart."
15/ Court first interprets meaning of "invasion" or "predatory incursion" and holds must be "organized, armed force entering US to engage in conduct destructive of property & human life in specific geographical area,"-need not be precursor to actual war.
16/ Court doesn't address what "foreign nation or government" requires under statute because it can resolve case without deciding issue.
17/ Court then considers whether "predatory invasion," after first noting it must take facts set forth by Trump as true.
18/ Judge decides though that Proclamation fails to establish a predatory invasion because it doesn't speak of "organized" "armed" attacks. NOTE: It would seem Trump will update the Proclamation to address this supposed shortfall.
19/ Court then rejects ACLU's argument that AEA can't trump CAT (Convention Against Torture), with Court holding it lacks jurisdiction to decide that issue.
21/ Closing thoughts: Judge wrote measured opinion that IMNSHO is correct on many fronts, but fails to fully consider Trump's stated justification for it being an "incursion"--it is. BUT judge also gave Trump blueprint for what to say to satisfy AEA, given court can't 2nd guess.
22/22 Finally, while I thought this would quickly expedite resolution of AEA cases through appellate process, I doubt that now b/c Trump can revise Proclamation to ensure AEA applies & then all other issues still exist, such as if "government" & if Defendants are tDa members.
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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.