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Kyle Cheney Profile picture
@kyledcheney
Jun 13 • 6 tweets • 3 min read • Read on X
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BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.usco…Image
Breyer stays his order until noon tomorrow, which should be enough time for Trump to seek emergency appeal at 9th Circuit and perhaps Supreme Court. storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous."

politico.com/news/2025/06/1…Image
The administration has already appealed the decision to the 9th Circuit. This could be at the Supreme Court by tomorrow, at this rate. politico.com/news/2025/06/1…Image
The legal finding that Trump abused his authority as commander-in-chief comes as he prepares to host a massive and controversial military parade in Washington to mark the Army's 250th birthday. politico.com/news/2025/06/1…
👀DOJ is asking the 9th Circuit to block Breyer's order no later than midnight ET / 9 PM PT.

storage.courtlistener.com/recap/gov.usco…Image

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More from @kyledcheney

Kyle Cheney Profile picture
Jun 12
HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.

Judge Breyer making some "preliminary" remarks.
BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.
Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?

DOJ says no, and court has no role in policing it either.
Read 9 tweets
Kyle Cheney Profile picture
May 30
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."

The man's lawyer plans to demand his return.

politico.com/news/2025/05/3…Image
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.

The Trump admin sought to speed his removal last month. politico.com/news/2025/05/3…
DOJ had assured a federal appeals court court that Melgar-Salmeron wouldn't be deported before May 8-9. But after the court issued a May 7 order blocking his deportation, ICE put him on a plane just minutes later and told the court he was gone.
politico.com/news/2025/05/3…Image
Read 4 tweets
Kyle Cheney Profile picture
May 28
BREAKING: Federal court says Trump exceeded his authority to impose tariffs under IEEPA. storage.courtlistener.com/recap/gov.usco…Image
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…Image
The three-judge panel that ruled against Trump? Appointees of:

-Obama
-Reagan
-Trump

politico.com/news/2025/05/2…
Read 4 tweets
Kyle Cheney Profile picture
May 16
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia's status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with "I don't knows" from the witnesses.
Read 7 tweets
Kyle Cheney Profile picture
May 10
NEW: Federal judges across the country are increasingly warning of a due process crisis caused by President Donald Trump’s deportation blitz.

Their message: If we eliminate due process for the ‘least’ of us, Americans could be next.

politico.com/news/2025/05/1…Image
The judges’ message has sharpened amid Trump’s increasingly aggressive effort to short-circuit due process for those he deems. And it’s coming from judges appointed by presidents of both parties — including Trump himself.

politico.com/news/2025/05/1…Image
Trump has questioned whether he owes a constitutional right of due process to those he deems gang members or terrorists. His aides say they’re following the constitution and that Trump’s electoral mandate to carry out mass deportation should win the day. politico.com/news/2025/05/1…Image
Read 4 tweets
Kyle Cheney Profile picture
May 7
HAPPENING NOW: Judge Boasberg is pressing DOJ about Trump's comment that he could pick up the phone and have El Salvador send back Abrego Garcia. Doesn't that mean U.S. effectively has custody over deported migrants, he's asking?

DOJ LAWYER ABISHEK KAMBLI:
“That goes toward the president’s belief about the influence that he has.”

"Influence does not equate to constructive custody."
JEB: “Is the United States paying El Salvador to house these migrants?”

KAMBLI: “There is no agreement or arrangement whereby the United States maintains any agency or control over these prisoners.”

JEB: But there’s a formal notice of a $4.76 million grant to El Salvador dated March 22

KAMBLI: There were grants that were made to El Salvador for law enforcement and anti-crime purposes that can be used.
MORE: Boasberg pins down DOJ lawyer on whether the Supreme Court upheld Trump's invocation of the Alien Enemies Act (it didn't) as Trump and his aides falsely claimed.

JEB: "The Supreme Court did not decide one way or the other about the validity," he notes.

KAMBLI, reluctantly agreeing, says "It did have that line that ... they did not analyze that precise issue."
Read 4 tweets

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