3/ Here is what Trump Administration did and what lower courts order via injunctions:
4/ Court of Appeals decision is based on fundamental issue of "jurisdiction." This conclusion should have wide-spread ramifications because many of challenges to Trump Administration are about employment decisions which CONGRESS said are NOT for district courts to decide.
5/ The Court of Appeals decision is also significant because it addresses the "wholesale" "dismantling" argument being presented in several cases (such as USAID cases). The Administrative Procedures Act is NOT for such claims either & Congress did not waive such immunity!
6/ Additionally, Court of Appeals held that district court lacked jurisdiction to restore grants because Congress gave that authority to Court of Claims:
7/ Court of Appeals also notes how SCOTUS decision compels that result...which it DOES and yet district court ignored SCOTUS.
8/ Decision stressed why claims about grants must got to Court of Claims.
9/ Court of Appeals adds that Plaintiffs can't avoid Court of Claims by framing as non-APA claims:
10/ Court of Appeals again highlights that with no bond the harm to government is irreparable. Also noted that Voice of America isn't being shuttered.
11/ Court of Appeals also notes Judiciary Branch must follow the law too!
12/ In sum, this opinion is a HUGE win for Trump because it establishes 3 key principles that apply to many of the other cases being brought against Trump Administration: a) no jurisdiction over firings; b) no jurisdiction over grant terminations;
13/ c) you can't get around Congress limiting district court jurisdiction by creative pleading of claims under other theories; d) with no bond harm to government will outweigh other harm; e) public has interest in Article III obey Article I.
14/14 Final thought: It is next to impossible to reconcile opinion here with same panels refusal to clarify stay in other case involving USAID and grants from legal perspective. Practically: Judge Katas in other case figured decision on merits would be soon enough so no harm.
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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.