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Margot Cleveland Profile picture
Margot Cleveland
@ProfMJCleveland
Senior Legal Correspondent @FDRLST, Of Counsel @NCLALegal, ~25 yrs 7thCir law clerk, former full-time univ. faculty, Catholic conservative, wife to DH/mom to DS
265 subscribers
Apr 23 • 4 tweets • 2 min read
🚨🚨🚨Another federal judge entered another injunction trumping the Trump Administration's executive authority. The D.C. Circuit has already stayed similar injunctions holding claims must go to the Court of Claims. Here we have that plus employment disputes. 1/ Image
Image 2/ Not only does the Court seek to control operation of Voice of America, it is requiring the Trump Administration to report in on a monthly basis on its operations. Trump Administration's brief highlights the many reasons Plaintiffs' claims fail. storage.courtlistener.com/recap/gov.usco…
Apr 22 • 7 tweets • 3 min read
🚨🚨🚨BREAKING: Judge in Garcia case enters order regarding discovery, i.e., what Trump Administration must answer/provide as evidence. 1/ 2/ Link. Comments to follow. storage.courtlistener.com/recap/gov.usco…
Apr 22 • 5 tweets • 3 min read
🔥🔥🔥WHOA...I just now am seeing Judge Hendrix's scathing order chastising the ACLU for its effort to engage in ex parte communications with the Court. 1/ 2/ Full order here. storage.courtlistener.com/recap/gov.usco…
Apr 21 • 6 tweets • 2 min read
If you've been following the machinations of the Alien Enemies Act case that SCOTUS intervened in in the midnight hours, @JoshMBlackman has written several must-read pieces @reason. I've agreed with nearly everything, but disagree on this point: 1/ Image 2/ While I could see the clerk telling SCOTUS clerk 5th Circuit judges had stated opinion would be issued shortly, I doubt that the clerk would have said anything on merit because the clerk of the court likely didn't know.
Apr 21 • 4 tweets • 2 min read
🚨🚨ACLU files reply in SCOTUS re Alien Enemies Act and asks SCOTUS for an advisory opinion in response to an application for which there has been no lower court decision and with no plaintiff. Un. Rea. Image 2/ Oh, and then asks SCOTUS to take case without any decision. Image
Apr 20 • 4 tweets • 1 min read
🚨🚨🚨Justice Alito's dissenting statement in Alien Enemies Act case dropped late yesterday or early this morning. After detailing how SCOTUS ignored controlling law, he closed with profound point: "Both the Executive and the Judiciary have an obligation to follow the law." 1/ Image 2/ Full dissenting statement. supremecourt.gov/opinions/24pdf…
Apr 19 • 11 tweets • 4 min read
🚨🚨🚨BREAKING: Trump files response in Alien Enemies Act case. I didn't think Sauer would wait until tomorrow or Monday. 1/ 2/ Link: Comments to follow.supremecourt.gov/DocketPDF/24/2…
Apr 19 • 4 tweets • 1 min read
🚨District court judge in the case that ACLU double-leap-frogged to SCOTUS entered an order detailing the timing of everything. This order makes even more striking SCOTUS decision to toss "norms" to the wayside. 1/ 2/ storage.courtlistener.com/recap/gov.usco…
Apr 19 • 11 tweets • 3 min read
🚨🚨🚨BREAKING: Late last night SCOTUS directed Trump not to remove any aliens under Alien Enemies Act based on a "putative class" meaning there is NO certified class action yet. So much for norms! 1/ Image 2/ What makes SCOTUS' decision even more "norm" breaking is that it acted before allowing 5th Cir. to act and 5th Cir. actually dismissed appeal & request as "premature" because it is "a court of review" and district court needs a chance to rule. Image
Apr 18 • 11 tweets • 4 min read
🚨Judge Boasberg set an emergency hearing for 6:15 p.m., so starting momentarily. I'll have your color commentary. 1/ 2/ Judge: I have another concerns with my ability to act on plaintiffs' TRO I think I need to first to find out what is happening in court and on the ground. What's happening legally?
ACLU: Sought emergency relief in both 5th Circuit & SCOTUS given urgent circumstance.
Judge: Are you seeking same relief there as here?
ACLU: Yes. No removal for 30 days...or without more notice. We believe on way to airport. Appears more being transport. All being moved out of north district of Texas. (Got nationawide TRO in southern TRO). Northern District Court b/c 2 named plaintiff not being removed. Notice in English said you were being removed and could make a phone call. Our position is that whatever SCOTUS meant that what they did can't possibly this little notice.
Apr 18 • 6 tweets • 2 min read
🚨🚨🚨BREAKING. I. Can't. Even. 1/ Image 2/ District court entered injunction prohibiting firings in Consumer Financial Protection Bureau & appellate court entered partial stay of injunction, to allow Trump to fire people except as necessary to carry out statutory duties.
Apr 18 • 17 tweets • 3 min read
🧵on Garcia (MS-13 El Salvadorian gang member): DOJ has staked out it's position--all it will do to facilitate Garcia's return to US is to, if Garcia presents at a port of entry, to take him into custody in U.S. 1/ Image 2/ District court has said "facilitate" means what it means in dictionary and you must "facilitate" Garcia's return to U.S. under that meaning & submit to discovery to tell us what you have done. DOJ's position is "no, you must tell us precisely what you want us to do first."
Apr 18 • 13 tweets • 5 min read
🚨🚨🚨BREAKING: Trump Admin. seeks emergency stay/mandamus of Judge Boasberg's order re contempt in Alien Enemies Act. 1/ 2/ Here's docket in DC Circuit. courtlistener.com/docket/6990525…
Apr 18 • 5 tweets • 2 min read
🔥This excerpt from the Gang Field Interview Sheet re Garcia includes two additional key facts: Per experts in gangs, "MS-13 gang members are only allowed to hang around other members or prospects for the gang." 1/ Image 2/So Garcia being with other gang members held more significance than happenstance. BUT more importantly, "confidential source" of "past proven and reliable source" not only knew Garcia's rank & moniker BUT didn't claim to know anything about 4th person. Image
Apr 18 • 4 tweets • 2 min read
🚨🚨🚨BREAKING: Another crazy injunction barring Trump Administration officials from accessing social security data for purposes of improving system & finding fraud. Social Security numbers, names, addresses, are key to cross checking for fraud. 1/ Image
Image 2/ 4th Cir. recently granted stay in a similar case but judge claims "it's different" Image
Apr 17 • 5 tweets • 1 min read
THREDETTE: I'll have more thoughts on 4th Cir. opinion denying Stay and Mandamus later, but in short, there was a lot...I mean A LOT, I agreed with in Judge Wilkerson's measured opinion. But he was fundamentally WRONG in his conclusion & his attitude of superiority. 1/ 2/ Bottom line is Article III cannot force Article II to engage in diplomatic efforts EVEN if it is in private. And no only does district court mandate Trump does so, she wants full discovery about it.
Apr 17 • 4 tweets • 1 min read
🚨🚨🚨BREAKING: Fourth Circuit denies Trump stay and denies mandamus in Garcia case. Court's opinion seeks to take a high ground but blames Trump for the constitutional crisis where lower court has far exceeded her authority. That said: As I stressed, fundamental problem is 1/ 2/ that the record suggests Trump has spirited away Garcia to a foreign prison and that Garcia is held there because Trump wants him held there and is paying for it. As I've been screaming: IF Garcia is held in El Salvador prison because he is El Salvadorian gang member & not
Apr 17 • 14 tweets • 6 min read
🚨🚨🚨Trump Administration files its Emergency Motion for Stay of Judge Xinis's order re Garcia. Court orders Garcia's attorneys to respond by 5. 1/ Image 2/ Fishing expedition with discovery noted. Image
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Apr 17 • 7 tweets • 3 min read
🚨🚨🚨Un.Frickin.Real. Attorneys in the Alien Enemies Act ask Boasberg to now enter a TRO that orders government to provide 30 days notice for removal of any class member under AEA & serve on both class member & ACLU. Image 2/ Attorneys claim that the Court continues to have jurisdiction...This is nutso!! SCOTUS said only habeas action and habeas requires physically in district and none of named plaintiffs are physically in this district. Image
Apr 16 • 11 tweets • 2 min read
🧵Below is my THREAD of Boasberg's opinion of probable cause of contempt. Some global thoughts: There are two equally significant issues with Boasberg's opinion. First, a frivolous order can be ignored, he admits. 1/ 2/ When it is a private party, they may not be entitled to decide "frivolous" but when we are talking an equal branch of government, the standard must differ. And here there are three huge problems, where Boasberg's order was frivolous.
Apr 16 • 4 tweets • 2 min read
On road & parked momentarily for a couple things so no time to do tweet thread on JudgeBoasberg’s order. But if he opens his opinion with an outright misrepresentation of what his order was, that tells me rest of substance sucks. Image 2/ This is factually wrong too: The boast was that they succeeded in avoiding an order preventing the removal...not that they ignored the removal order. Image