Margot Cleveland Profile picture
Aug 15 7 tweets 3 min read Read on X
🚨🚨🚨BREAKING: Another Trump win on appeal with D.C. Circuit vacating preliminary injunction. Order isn't loading yet so details to follow. 1/ Image
2/ Here's what the case is about: Image
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3/ And this isn't one of the cases where things were stayed, meaning this decision now frees the Trump Administration to get back to work. The court had originally stayed a portion of the injunction, allowing Trump to fire folks but then Plaintiffs claimed Trump didn't make individualized assessment so Court of Appeals decided it wasn't going to get into that morass and just said Trump can't fire anyone (it shouldn't have and I believe one of the judge's dissented on that cop out).Image
4/ One key holding is district courts lack jurisdiction to consider employee claims: Image
5/ I think this is the first time a court has analyzed the point I've been screaming about for months that the APA (Administrative Procedure Act) is NOT a sue-all statute that allows you to challenge anything. Image
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6/ This language aptly explains what the lower courts have wrongly been doing! Image
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7/ The opinion has many other aspects that are extremely helpful for shutting down the abuse of the APA and resort to so-called "equitable causes of action" to stop Trump. Here's the full opinion. A HUGE WIN FOR TRUMP. storage.courtlistener.com/recap/gov.usco…

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More from @ProfMJCleveland

Aug 16
WHOA! Fifth Circuit holds quorum clause does not require physical presence. I absolutely disagree with that conclusion. 1/ Image
3/ Here's my discussion of the case/issues: thefederalist.com/2024/02/28/cou…
Read 5 tweets
Aug 13
🚨🚨🚨BREAKING: Another appellate win for Trump! 1/ Image
2/ So as background this is the consolidated (joined) cases involving USAID where the district court originally ordered payment of millions within like 36 hours and Justice Roberts granted an administrative stay and then said basically redo so it is feasible.
3/ The judge sorta redid and Trump has been complying, i.e., there was no stay in place so this is a WIN. Trump has also sought dismissal which should be granted based on this decision. AND the plaintiffs sought to enforce AND to depose to enforce so the ruling will 86 that!
Read 4 tweets
Aug 8
🚨🚨🚨BREAKING: HUGE Trump Win on Boasberg contempt case!!
2/ Analysis to follow! Image
3/ OMgosh...EXACTLY what Trump Administration (and I) have been screaming! Image
Read 8 tweets
Aug 2
THREADETTE: ⬇️is my play-by-play of 9th Cir. decision. Top-line: Loss to Trump AND horrible opinion b/c law is clear that "reasonable suspicion" depends on totality of circumstances & yet court prevents ICE from considering totality of circumstances. 1/
2/ District court had actually allowed for that by including "expected as permitted by law," which the 9th Cir. struck. 9th Cir. THEN, after saying ICE could consider other circumstances, actually altered injunction's language of "presence at a particular location" Image
3/ THIS is what 9th Cir. said was enjoined: that "whether that be a random location . . . or a location selected 'because past experiences have demonstrated that illegal aliens utilize or seek work at these locations, . . ." That ADDED a limitation of a circumstance ICE CAN consider in totality of the circumstances.Image
Read 5 tweets
Aug 2
🚨🚨🚨BREAKING: 9th Cir. denies Trump Administration stay regarding district court's efforts to micromanage ICE "except as to a single clause" but that single clause is what allowed ICE to do it's job! Still reading so clarity to follow. 1/ Image
2/ As I noted before one of the problems with the court's injunction is that you can't enjoin a situation where the situation depends on all of the facts and circumstances, for instance, if a voluntary encounter which needs no reasonable suspicion. Image
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3/ On that point: That is exactly what the training is. You can see from this language the specific details needed to know whether there is or isn't reasonable suspicion. Image
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Read 14 tweets
Aug 2
🧵I wanted to re-read a section of Brennan's testimony to HPSCI and ended up re-reading the entire thing. There's a whole lot of lying going on! Image
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2/ Holy crap! Brennan says there were "two" products produced--but there were three and the third one was the only one that included referenced to the Steele dossier and other fake intel! Image
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3/ Wasn't intel less conclusive? And YIKES... Image
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Read 17 tweets

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