Thought experiment: If Trump orders flight & pilots are obeying President & if judge lacks authority to enter injunction against Trump (he does), can pilots follow order of Trump subordinate who Court ordered to turn flight around, OVER President who gave order to fly? 1/ 2/ This is why I said I see Article 2 being a bigger point than Alien Enemies Act because NO matter the analysis under Alien Enemies Act, pilots can't disobey order of President because subordinate tells them to because judge told subordinate to.

THREADETTE: Legacy media will undoubtedly frame this as Trump Administration ignore court order BUT that is not at all what order says. Two possibilities: 1) Planes had already landed in another country--then no violation at all OR 2) planes were in international air in which case 2/ Court would likely think in violation of TRO but a) if no jurisdiction, order is void so not ignoring it and could be no jurisdiction b/c no jurisdiction over habeas or no jurisdiction to order return once in international air or no jurisdiction to order Article II to return.

🚨OMgosh...Judge in Hamas supporter habeas case (Khalil) seemed to have clerk just scanning venue statute for basis to keep case b/c he just filed notice directing parties to brief totally inapplicable sections. You'd think 1 of Khalil ~20 attorneys would have thought of them! 1/ 2/ 1404(a) provides allows FOR transfer...that would be a different court transferring to THIS judge. It isn't a basis to allow THIS judge to not transfer. And that only allows for transfer "where it might have been brought," Khalil's habeas WAS brought hear but could not be!

🚨Update on Columbia Hamas advocate Khalil's Motion for Release pursuant to Mapp, filed early this morning. 1/ 2/ Here's the full filing: storage.courtlistener.com/recap/gov.usco…

🚨THREAD: Earlier this week Judge Ali (judge who ordered Trump to pay some $2 billion in contracts w/i 36 hours to have that order stayed by Roberts & then told by court to be more clear on who to pay & reasonable on time), entered a preliminary injunction as noted below.1/

https://twitter.com/ProfMJCleveland/status/1899243213849792979

2/ At time, I said order was confusing & in part merely ordered Trump to comply with law, but nonetheless said I expected immediate appeal. Well, gov't has filed status report saying still deciding on whether to immediately appeal and/or seek stay. Why? B/c they don't

🚨🚨🚨💣BREAKING: Fourth Circuit grants Trump Administration stay.

2/ This was case Court held hearing on earlier today about the DEI clause in contracts. So will they need to execute contracts as is?storage.courtlistener.com/recap/gov.usco…

🔥Hearing to start at 3 on claims by Plaintiffs of widespread violation of injunction barring DEI EO. 1/ 2/ Case: courtlistener.com/docket/6960784…

🚨🚨🚨OMGosh...TDS is making judges ignore diff. b/w "restraining order" to maintain status quo & an injunction requiring affirmative action? THIS order is NOT a "restraining order": It is an injunction masquerading as a TRO which makes it immediately appealable. 1/ 2/ This case is the second one on probationary employees, with this order actually requiring reinstatement. storage.courtlistener.com/recap/gov.usco…

🚨🚨🚨BREAKING: More details in Khalil case just filed. 1/ 2/ Here's letter. Comments to follow. storage.courtlistener.com/recap/gov.usco…

🚨🚨🚨BREAKING: Khalil files Amended Complaint. 1/ 2/ Link: Analysis to follow. storage.courtlistener.com/recap/gov.usco…

Re federal judge "ordering" reinstatement of probationary workers...this was the original order entered as a TRO: 1/ 2/ Here's what Court said in minute order from today's hearing which indicates language from TRO was merely extended. NOTE: That TRO does not state probationary employees must be reinstated and appears to be another "toothless TRO" b/c if agencies independently fire, is allowed.

One additional point of note from filing: Khalil was charged with being removable under a very specific code provision 1227(a)(4)(C)(i). THAT is not section most folks have been discussion related to support of terrorism etc.

https://twitter.com/ProfMJCleveland/status/1900033104837837104

2/ Of interest is the exception incorporated that actually allows for removal of alien expressly based on alien's "beliefs, statements, or associations," in other words what we would consider pure First Amendment activities, so long as Rubio makes "personal" determination.

🚨BREAKING: Trump Administration files Motion to Dismiss/Transfer in Khalil case. 1/ 2/ Motion. Comments to follow. storage.courtlistener.com/recap/gov.usco…

🚨🚨🚨Mahmoud Khalil habeas petition is now up but courtlistner is down, so here's screengrabs. 1/


2/

🚨🚨🚨BREAKING: Court rules in favor of Trump setting up split in decisions (Pacito went other way) on canceling contracts. 1/

https://twitter.com/ProfMJCleveland/status/1892430310685487299

2/ This is also similar to AIDS Vaccine (Ali) and Rhode Island case (McConnell) involving similar issues:
This will be my next lawsplainer bucket because it is next wave of what will make SCOTUS.storage.courtlistener.com/recap/gov.usco…

🚨🚨🚨BREAKING! D.C. Circuit issues decision in Dellinger even though Dellinger tried everything to stop it from coming! 1/ 2/ Comments to follow. storage.courtlistener.com/recap/gov.usco…

🚨🚨🚨BREAKING: Court grants preliminary injunction against Trump Administration.

https://twitter.com/ProfMJCleveland/status/1889346549110407204

2/ Here's entire opinion. storage.courtlistener.com/recap/gov.usco…

THREADETTE: Re Columbia student Trump Administration revoked green card for. 1/ 2/ Here's order court entered re briefing/conferral which also barred student's removal. storage.courtlistener.com/recap/gov.usco…

🧵Last week, Judge McConnell entered a preliminary injunction in case concerning Trump's freeze on grants. Trump Administration immediately sought stay & filed notice of appeal. One issue of important is whether Trump overstepped b/c Congress directed specific expenditures. 1/

https://twitter.com/ProfMJCleveland/status/1889336719419302387

2/ Judge concludes that Trump's funding free was contrary to law, stating:

🚨🚨🚨BREAKING: OMgosh....Dellinger's attorneys file ridiculous Motion to Dismiss as Moot Dellinger's lawsuit in desperate attempt to have court decision's vacated (as precursor to having D.C. Appellate Decision vacated). 1/

https://twitter.com/ProfMJCleveland/status/1889340092663095460

2/ Here's Motion which Government rightly opposed. storage.courtlistener.com/recap/gov.usco…

You gotta love it: Plaintiffs submits to court statement of how much is owed for work performed & notes that, oh, yeah, well we also sought an advance. And then further says we can't tell you how much yet because of logistical issues--after complaining Trump didn't immediately 1/ 2/ pay. Also note this is basically evidence of invoices for $1.5 million supposedly due & yet district court initially ordered Trump Administration to within 24 hours pay $2 BILLION in grants/contracts.