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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
287 subscribers
Jun 5 • 5 tweets • 2 min read
For those investigating or trying to under the "Prohibited Access" scandal, ICYMI below I highlight how SC John Durham defined "close hold" differently from "Prohibited Access," while IG Report indicated "close hold" to Crossfire Hurricane team meant "Prohibited Access." 1/ 2/ This suggests to me that SC Durham was not told Crossfire Hurricane material had been coded Prohibited Access which limited ability of agents searching for it to see the existence of the information. NOR would you understand that from how the IG described "prohibited" or "close hold."
Jun 5 • 7 tweets • 3 min read
🚨THREADETTE: Yesterday, I emailed the attorney of record, Niels Frenzen @MigrantsAtSea, a media inquiry concerning his client Susanna Dvortsin, who petitioned as Next of Friend of wife & children of terrorist who set Jews on fire & obtained an ex parte order barring their removal from Colorado. 1/Image
Image 2/ I asked two basic questions but received no response. I should add a third: What good faith basis did he have that there was jurisdiction to file a habeas case in a district court in an immigration case? Image
Jun 4 • 14 tweets • 4 min read
🚨🚨🚨BREAKING: Judge Boasberg certifies class and enters injunction in removal of Venezuelans to El Salvador: 1/ Image 2/ Analysis to follow. Here's the complete opinion. storage.courtlistener.com/recap/gov.usco…
Jun 4 • 4 tweets • 1 min read
🚨@FDRLST More thoughts on Prohibited Access scandal. 1/ 2/thefederalist.com/2025/06/04/the…
Jun 3 • 13 tweets • 4 min read
🔥🔥🔥@Comey used stealth "Prohibited Access" status for FBI's Mid-Year Exam investigation into Hillary Clinton, rendering documents invisible in Sentinel system. 1/ 2/ Yesterday @Agent_Mondello noted Inspector General's report re 4 FISA warrants against Page acknowledged they used "Prohibited Access." That was news to me, so I pulled. He was right...it did speak of access being "Prohibited" BUT explanation did not make clear functionality. Image
Jun 2 • 4 tweets • 1 min read
🚨🚨🚨BREAKING: Thrilled to serve as lead counsel @NCLAlegal for our client, Idil Issak, in her 1st Amendment lawsuit against University of Tenn. Complaint filed this morning details how University & its Institutional Review Board violated nearly every free speech doctrine. 1/ Image 2/ Here's the press release: nclalegal.org/press_release/…
Jun 1 • 8 tweets • 3 min read
🧵So, the entire "Prohibited Access" revelation prompted me to pull up the transcript from former Pittsburgh U.S. Attorney Scott Brady's closed-door testimony. Brady you'll recall was charged with screening evidence re Ukraine corruption, i.e. Biden family pay-to-play. 1/ 2/ I've been pondering how FBI can actually do a thorough investigation given Prohibited Access functionality & immediately thought of that screening b/c same FBI supervisor Tim Thibault involved in Nellie Ohr case w/ Prohibited Access documents at issue involved in investigation of Biden.Image
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May 31 • 5 tweets • 2 min read
🔥🔥🔥ICYMI ⬇️🧵from late yesterday explaining "invisible" files FBI maintains on Sentinel that can't be seen by other agents. Implications are HUGE b/c if those searching for relevant files don't know they exist, they can't be provided. 1/ 2/2 Criminal defendants won't be provided potentially exculpatory evidence; civil litigants won't be provided relevant discovery--think FBI agents involved in censorship; Congress denied requested documents; Inspector General & Special Counsel don't get all documents. 👁️👁️@fdrlst
May 30 • 17 tweets • 4 min read
🧵🧵🧵Recent release by Sen. @ChuckGrassley suggests systemic violations of Brady by FBI. Brady rule requires government to disclose exculpatory evidence in criminal case; to comply, FBI agents search Sentinel system. Brady mandate is considered a constitutional requirement. 1/ 2/ But according to FBI Wash. Field Office EC sent to SC Office on 9/18/19, Sentinel system includes "invisible files" that can't just not read, but that you don't even know exist-files identified as "Prohibited Access" files, NOT to be confused w/ Restricted Access files.
May 29 • 4 tweets • 1 min read
The district court's opinion in the Khalil habeas case is so poorly written, it sounds as if a 1L tried to draft it after 1 week of class. 1/ 2/ Here's the entire opinion: storage.courtlistener.com/recap/gov.usco…
May 28 • 6 tweets • 2 min read
🚨🚨🚨BREAKING: District court enters order staying Trump Administration's canceling of parole (that is where aliens are given permission to remain in U.S.) 1/ Image 2/ Trump Administration concluded Biden Administration's use of "categorical parole" (i.e., paroling aliens into U.S. by class & not on individual basis) violated statute & order undoing of orders & denying parole based on discretion. Image
May 27 • 12 tweets • 3 min read
🚨Lawsplaining of Trump Administration's latest Application for Stay to SCOTUS. In this case, Trump Administration began removing criminal aliens already determined to be "removable" by immigration process. Removal is to third countries, here South Sudan. 1/ 2/ Trump Administration obtained assurances from country that it will comply with Convention Against Torture (or CAT) requirements. Class action lawsuit filed & judge held no removals unless provided notice and opportunity to challenge removal under CAT.
May 27 • 5 tweets • 1 min read
🚨🚨🚨BREAKING: Judge denied Trump’s Motion for Reconsideration re aliens removed to South Sudan. Court portrays chaos as caused be Administration. BUT NEVER…1/ 2/ gave serious consideration of govt due process analysis: govt provided full due process already to find aliens removable. At that point, providing same as newly arrived aliens makes sense.
May 24 • 5 tweets • 1 min read
🚨🚨🚨District Court just ordered Trump Administration to return O.C.G. to U.S. He had a final removal order but withholding of removal to Guatemala. He was removed to Mexico & then fled to Guatemala b/c he apparently feared Mexico more. Read this note. 1/ Image 2/ Note how when he first came in the "correct" way and sought asylum, he could immediately be denied based on lack of fear of persecution. But when he came in the incorrect way, and ordered removed, now Court is saying you can't remove even if no claim of fear.
May 24 • 5 tweets • 3 min read
🚨🚨🚨Rubio files declaration in case involving removal of illegal aliens exposing how federal judge's meddling is prompting problems in other countries:Image
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Image 2/ A second declaration confirms the removed aliens were told in a language they understood they were being removed to South Sudan and states the obvious: If they had a well-founded fear of persecution they would raise the issue immediately. Image
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May 22 • 4 tweets • 2 min read
Here's the background of the aliens ordered removed after immigration proceedings whom Trump Administration then removed to South Sudan.
1) Ordered removed in 1999!!! Kidnapper, attempted murdered, Image
Image 2/ Second guy, arson, attempted murder, drug stuff...unclear when ordered removed. Image
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May 19 • 14 tweets • 4 min read
🚨Hearing on going in case where Plaintiffs seeking Preliminary Injunction to stop RIF of employees in DHS. 1/ 2/ Here is case: courtlistener.com/docket/6993865…
May 15 • 12 tweets • 3 min read
THREAD on broad thoughts from hearing: My "gut" is that SCOTUS will follow what I call the Kavanaugh approach to nationwide injunctions and hold that there are rules & those must be followed and those rules require class certification to provide relief beyond Plaintiffs. 1/ 2/ Justice Kavanaugh (echoed by several other justices) stressed that exigent circumstances purportedly justifying nationwide injunctions don't exist because courts can grant TRO/Preliminary Injunctions for putative classes (meaning class action lawsuits not yet certified).
May 15 • 21 tweets • 10 min read
🧵on SCOTUS Nationwide Injunction re birthright citizenship case. Couple preliminary points: The argument is NOT about the merits of the birthright citizenship case. You may hear reference to the APA or the Administrative Procedure Act. This case does NOT concern APA. 1/ 2/ Justices may reference APA b/c whether nationwide injunctions are appropriate under APA is a different issue (again not before the court). You'll also hear discussion of "organizational standing". Standing means ability to "stand" before court & ask for remedy b/c YOU are hurt
May 13 • 16 tweets • 5 min read
🚨🚨🚨BREAKING: Trump Administration pounds SCOTUS in new filing asking court to lift administrative injunction entered for non-parties in the Alien Enemies Act case. h/t @gvincentamore 1/ 2/ Here's full filing. Comments to follow: supremecourt.gov/DocketPDF/24/2…
May 9 • 7 tweets • 1 min read
🚨🚨🚨HUGE development in Alien Enemies Act case that SCOTUS entered a stay for an entire class that had not been certified. District judge now denies class certification. 1/ 2/ Full order: storage.courtlistener.com/recap/gov.usco…