Margot Cleveland Profile picture
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
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Nov 11 4 tweets 2 min read
Holy CRAP! A district court judge entered an injunction that allowed the states that had processed 100% of SNAP without authorization to keep the money! Trump is still seeking stay of lower court's order to fund SNAP with school lunch money. 1/ Image
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2/ Trump Administration calls out 1st Cir.'s ridiculous reasoning. This in essence is the problem: Image
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Nov 8 5 tweets 2 min read
Wow. Surprised the Trump Administration request for stay was docketed already. 1/ 2/ \25a539.htmlsupremecourt.gov/Search.aspx?Fi…
Nov 7 24 tweets 8 min read
🚨BREAKING: New Jersey terrorism criminal complaint connected to foiled Dearborn Halloween plot has been unsealed. 1/ Image 2/ Full docket: courtlistener.com/docket/7188774…
Nov 6 4 tweets 2 min read
OMgosh. This judge is BONKERS! 1/ Image
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2/ Here's argument: Trump Administration can't "fix" state's incompetence or its system of distributing money. And it is ridiculous to say it is arbitrary and capricious to keep money for kids food for kids food. Image
Nov 5 14 tweets 7 min read
THREAD on challenge to tariff: Opening this is tax. Common sense: Implausible Congress meant to let President to overhaul tariff. It is a one-way ratchet. It is a "sanction" statute, not a tariff statute.
1/ 2/ Attorney: Verbs deal with embargoes but nothing about raising revenue. Many statute tariffs: Have many limits, this statute doesn't. Statutes say "tariffs" or equivalent.
Thomas: Going back to non-delegation point if, wouldn't that apply to embargoes.
Attorney: No. We aren't saying you can't delegate tariff you need to give "intelligent principles".
Justice Roberts: Foreign facing tax, but isn't that core power of Article II...and quite effective in achieving certain objectives.
Attorney: Think of this as Article I and Article II. Tariffs have foreign policy implications but founders gave that in Article I section 8 to Congress.
Justice Kavanaugh: If tariff were in the statute would that be acceptable and constitutionally permissible.
Attorney: Congress grant that authority to Presidents.
ME: WOW. He doesn't believe in non-delegation.
Justice Kavanaugh: What does Nixon stand for? Did Congress aware of that? Nixon announced in nationwide prime time speech, it wasn't a little piece of paper. Why didn't Congress change language?
Attorney: Nixon didn't rely on that statute and Nixon disagreed statute applied. The Circuit Court of Appeals decision doesn't change plain meaning. And even if Congress knew about it that doesn't help because case didn't say "unlimited authority," and use another statute. This president has torn up entire tariff architecture that Congress created.
Nov 5 15 tweets 5 min read
THREAD: SCOTUS Tariff argument live summary. 1/ 2/ John Sauer opens with summary of why Trump has power, framing as foreign affairs.
Thomas: Ask why major question doctrine doesn't apply.
Sauer: In foreign affair context, you expect Congress to give major powers, since he has Article 2 power.
Justice Kagan (I think): What kind of Article 2 powers are you relying on.
Sauer: President has broad authority in foreign affairs.
Nov 4 4 tweets 1 min read
Nov 3 8 tweets 3 min read
This is going to be one hot mess for the states to figure out! Image 2/ This is what you ordered, your honor: Image
Nov 3 7 tweets 2 min read
THREAD: From the criminal information re the alleged Dearborn terrorist to gay night clubs in Ferndale, Michigan. 1/ Image
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2/ That quote is found here: icsr.info/2014/04/22/ics…Image
Oct 28 5 tweets 2 min read
Why were they investigating in the October 2020??? Image 2/ So Trump campaign was being investigated in 2020 as well. Image
Oct 28 4 tweets 1 min read
LOL. The judge on the SNAP case...Please, please, please, Trump Administration seek to implead Senate Democrats!! Image /2 Here's docket to track. courtlistener.com/docket/7178339…
Oct 23 5 tweets 2 min read
OMfrickin' gosh: You HAVE to be kidding me! They opened an investigation based on the alternative electors that election lawyers concluded was the appropriate course based on the precise same situation involving Kennedy and Hawaii!!! 1/ Image 2/ Here is a summary of the need for alternative electors and how to pretend this was a potential crime of fraud is NUTSO: thefederalist.com/2023/05/15/the…
Oct 16 4 tweets 2 min read
🚨🚨🚨BREAKING: 7th Cir. denies Trump stay pending appeal. 1/ Image 2/ Full order: storage.courtlistener.com/recap/gov.usco…
Oct 9 21 tweets 7 min read
🚨9th Cir. argument starting. 1/ 2/ ca9.uscourts.gov/media/live-ora…
Oct 6 4 tweets 1 min read
Holy CRAP! @ChuckGrassley has the best whistleblowers. 1/ Image 2/ NOTE: These were buried in "prohibited access" files that I reported on before. judiciary.senate.gov/press/rep/rele…
Oct 6 17 tweets 3 min read
🚨🚨🚨BREAKING: Trump deploys California national guard that is under federal control to Portland & Portland files a second TRO. Court has set hearing for 7 p.m., which should be now. 1/ Image 2/ But that call in says for 10 a.m. hearing...haven't succeeded in getting in. Image
Oct 5 6 tweets 2 min read
🚨Here's the order for federal judge commanding Commander-In-Chief title. Docket to follow. 1/ Image 2/ Full docket to track case. courtlistener.com/docket/7148114…
Sep 4 4 tweets 2 min read
🚨🚨🚨HUGE win for Trump Administration via Florida with 11th Cir. staying injunction ordering shut down of Alligator Alcatraz. 1/ Image 2/ LOL: Image
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Sep 3 9 tweets 5 min read
🚨🚨🚨Breaking: 5th Cir. issues decision on Alien Enemies Act. Image
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2/ Following are relevant passages explaining court's opinion. Image
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Aug 26 7 tweets 3 min read
🧵Trump Administration's filed emergency motion for stay before 11th Cir. yesterday re Allegator Alcatraz. Link and highlights follow. 1/ 2/ ecf.ca11.uscourts.gov/n/beam/servlet…
Aug 26 4 tweets 2 min read
The Maryland Father's attorneys sure seemed to be playing fast and loose with the facts! Image
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2/ Garcia: "I won't plead guilty unless you deport me to Costa Rica."
DOJ: "Well, if you insist."
Garcia: "Judge you must dismiss this case because they are forcing me to plead guilty." Image