Thread by @innercitypress

OK - now Jane Doe v. Pamela Bondi in DC Circuit Court of Appeals, Inner City Press is covering a similar case in SDNY and will live tweet, thread here

DOJ lawyer: This Bureau of Prisons determination is not reviewable-
Q: But isn't it the determination of the President, in the Executive Order?
DOJ lawyer: The plaintiffs' position is not clear. The designations are in place
Q: There's someone not designated

Q: If they are saying there is nothing that could be done at a male facility that would remedy the Constitutional injury, doesn't that satisfy exhaustion?
DOJ lawyer: Booth says "some relief" - they seek to halt the transfers

Judge Randolph: Isn't it true that prison have to go through rape audits, and the reports some out? I've read some of these, there are all kinds of details... Wouldn't the harm depend on that, what the facility has done?
DOJ lawyer: Yes, it depends -

Judge Randolph: I wonder if yanking someone out of a woman's prison immediately is in compliance with the Executive Order. Section 4 says that males not be detained in women's facilities, etc - but it also says, Consistent with applicable law. Regulations are law

Judge Randolph: I don't think we have jurisdiction in this case. See the Georgia Advocacy opinion, in the 11th Circuit, they said they didn't have jurisdiction.
DOJ lawyer: I haven't read that decision...
Judge Randolph: It's 4 Fed 4th 1200

[Here's from the DOJ brief: The Eighth Amendment Does Not Require BOP to House the Male Plaintiffs in Female Prisons.
This Court Should Decline to Address Plaintiffs’ APA Claims. The Preliminary Injunctions Violate The PLRA...

Judge Pillar: In the record there's a reference of putting people into protective custody, in a special housing unit. But that's not possible for any extended period of time.
DOJ lawyer: BOP has discretion. There are units, if there is as threat, they can act

Judge Pillar: I don't see that spelled out in the declaration. Mary Doe and Jane Doe were assaulted in male BOP facilities. BOP was made aware - and they were assaulted again. The plaintiffs have put in evidence that the steps are not effective