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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
247 subscribers
Mar 26 • 8 tweets • 2 min read
🧵Some more thoughts on decision denying stay that I discussed broadly below. Judge Henderson made a fatal flaw: She concluded government wasn't likely to succeed on appeal ONLY by assuming Plaintiffs could bring an APA claim. They cannot. 1/ Image 2/ As Judge Walker properly notes, APA ONLY provides for review when "no other adequate remedy in a court," and here as Plaintiffs admitted, they could have sued in habeas. SO, bottom line is Plaintiffs aren't likely to prevail on APA claims.Image
Mar 26 • 6 tweets • 2 min read
🚨🚨🚨WHOA! Stay denied in Alien Enemies Act case. As I said it came down to Henderson but Walker couldn't persuade here. 1/ Image 2/ storage.courtlistener.com/recap/gov.usco…
Mar 26 • 16 tweets • 6 min read
🚨BREAKING: Trump Administration file brief in response to Judge's order it "show cause" why it didn't violate Court order re the Alien Enemies Act removals of terrorists. 1/ 2/ Full brief. Comments to follow. storage.courtlistener.com/recap/gov.usco…
Mar 24 • 8 tweets • 2 min read
🚨🚨🚨BREAKING: Trump Administration tells Judge in Alien Enemies Act case it will provide him no more information re the flights etc. and is exercising the State's Secret doctrine. 1/ Image 2/ Key to Trump's argument is this point: Given Trump hasn't contested they landed and were deplaned after order issued there is no need for court to know any other details. Image
Mar 24 • 5 tweets • 1 min read
UPDATE: So I finished listening to entire hearing and my initial "gut" remains: Walker is 100% no jurisdiction because this must be brought in habeas. Judge Wilett is 100% jurisdiction and upholding TRO. Henderson will be swing vote. 1/ 2/ My gut is Henderson will find Walker's argument was more convincing because it was based on controlling precedent of LoBue & Wilett was based on emotional. LoBue is controlling & no jurisdiction. Walker can overcome Wilett's worst-case concerns by
Mar 24 • 16 tweets • 6 min read
🚨...jumping in:
DOJ: Says it is habeas is "jurisdictional" and not "venue." Goes to "authority" of court not steering where appropriate.
ACLU: Jumps into conversation--district court has not said anything yet about whether to bring people back. Very concerned his order has been violated and has not made decision if violated much less whether ordered back so that is not before court.
Claims gov't is admitting must be ability to contest whether you fall within proclamation is "how". D.Ct. has said he wants to figure out how that works. Neither gov't or us had answer. BUT easy ground to affirm, because there is "no process."
Gov't saying "you can have process" that's illusory because paper said they have no process.
Judge Walker: Could you have done everything in Texas D.Ct. that you did in this court. Perhaps, but law is clear you don't need to bring in habeas because you aren't seeking release. You could have filed exact same complaint that you filed here in district court. Government is agreeing each Plaintiff COULD have gone before habeas in district court in Texas.
ACLU: We could have filed a class habeas but we weren't looking to just get 5 individuals. If gov't is saying we could do this for each individual, we couldn't because we didn't know. We filed at 2 a.m., 5 a.m. enjoined re the 5 a.m. Absent a class TRO we would have had more in prison.
Judge Walker: Everything that happened a Southern District Court of Texas could have done.
ACLU: Yes.
Judge Walker: That tees up the dispute. Gov't says it a) must be habeas; and b) where detainee is, which is Texas.
ACLU: Common ground now that there must be process. We're talking to people to El Salvador one of worse prisons. Government provided zero ability to provide habeas.
Judge: Everyone who is detained can bring a habeas petition.
ACLU: Only because of TRO by judge Boasman. 2/ Judge Walker: Does it have to be brought by habeas. Hard to get around LoBue.
ACLU: That was extradition. Say it is different.
Mar 24 • 10 tweets • 3 min read
🚨🚨🚨BREAKING: First of several likely SCOTUS filings by Trump Administration this week, here seeking stay of order by federal court to reinstate terminate probationary officers. Image 2/ Full docket: supremecourt.gov/search.aspx?fi…
Mar 24 • 9 tweets • 3 min read
🚨🚨🚨Unsurprisingly, Court in Alien Enemies Act denied Motion to Vacate TRO but offered to convert to a Preliminary Injunction which allows immediate appeal. 1/ Image 2/ Opinion only concerns merits and not issue of contempt, but again, the Court's own words focus on "removal" and Trump Administration's position is order only prevented "removal" and they were already removed before the written order. Image
Mar 23 • 4 tweets • 2 min read
🚨🚨🚨BREAKING: Trump Administration filed Motion to Stay ⬇️outrageous order. Opening Paragraph sets stage perfectly! Fourth Circuit Court of Appeals is taking this very seriously, having ordered Plaintiffs to file response by Monday 10 a.m. 1/ Image
Image 2/ You need to read the THREAD from above to get the backdrop. Here's Motion to Stay. storage.courtlistener.com/recap/gov.usco…
Mar 22 • 11 tweets • 3 min read
🚨🚨🚨BREAKING 🐂💩! National Ass. of Diversity Officers JUST filed most outrageous motion in district court seeking to "Vacate Preliminary Injunction." To simplify: Court GRANTED National Ass. of Diversity Officers injunction & now they are asking same court to tear it up!!! 1/ 2/ Why? Well, Nat. Ass. of Diversity Officers (Plaintiffs) WON injunction but Trump Administration appealed and Fourth Circuit "stayed" injunction pending resolution of appeal. Such a stay is "rare" and only entered when party who was enjoined by injunction likely to win.
Mar 22 • 14 tweets • 3 min read
🧵This is a MUST READ THREAD by @shipwreckedcrew to understand the legal issues of yesterday's hearing re the Alien Enemies Act. My thread below picks up on some of these points. A few prefactory notes: a) Judge also pushed DOJ on issues related to compliance v. contempt. 1/ 2/ A second related focus was jurisdiction over the case. Here DOJ said challenge can ONLY be brought in habeas. I agree based on this case. And because it can only be brought in habeas, it should be transferred. casetext.com/case/lobue-v-c…
Mar 21 • 13 tweets • 4 min read
Boasberg hearing now: Starts drilling attorney why he wasn't in court last & .
DOJ: You certified class action. More subject to proclamation.
Judge: And did not order anyone release or couldn't deport anyone via regular proceedings.
Judge "I think it's important to public to make those facts clear."
NOTE: We're not idiots!
DOJ: Maintains it has complied with Court order. 2/ AUGH. Got bumped out and couldn't get back in.
DOJ: distinguishing between what is reviewable and what is not but argues only habeas case.
Judge: Al Queda require proof they were member those held in Gitmo.
DOJ: Not robust but habeas is available.
Judge: Let's talk about habeas is sole avenue of review, since Plaintiff's dismissed. It seems that while it has taken place in habeas context they were challenging detention...what case were they not.
Mar 21 • 8 tweets • 2 min read
Judge Reyes is clearly not open-minded about this. 2/ Judge: "Who in the military made this determination?"
DOJ: "Mr. Dill made that determination"
Judge: Who did Mr. Dill confer with? You say this is military judgment who was involved in deliberation. You can't come in here and say we don't even know Secretary of Defense looked at it.
DOJ: Long standing precedent of good faith.
Judge: How do you not have in this information? Just give me one more name? You don't have information on military readiness by losing people with gender dysphoria?
Mar 21 • 5 tweets • 1 min read
🚨Trump Administration seeks to dissolve injunction in military gender-dysphoria case or stay pending appeal, arguing it isn't a blanket bar on transgender troops, but turns on medical diagnosis of gender dysphoria. 1/ Image 2/ This was wise move because "Gender Dysphoria" is a Mental Disorder, and saying military can't bar folks for "mental disorder" by a court is CRAZY. Someone who is "transgender" but with no "mental disorder" wouldn't be barred, though per clarification. This turns issue
Mar 21 • 16 tweets • 4 min read
😡😡😡THREAD: Starting fresh thread elaborating on horrifyingly abusive order just entered by a federal judge. Judge Chuang just clarified that he was enjoining Jeremy Lewin, individual Marco Rubio delegated authority to serve as Deputy Administrator and COO of USAID could not: Image 2/ Let that sink in: A Federal Judge told the Acting USAID Administrator and Senate Confirmed Secretary of State the man Rubio selected to serve as Chief Operating Office & Deputy Administrator couldn't serve in those position b/c Judge says injunction applies to Lewin. Image
Mar 20 • 7 tweets • 2 min read
🔥🔥🔥Judge Boasberg's order today in Alien Enemies Act case CONFIRMED Government position that it did NOT violate Minute Order. Judge ordered Trump to explain why he did not violate order by "failing to return" but Minute Order DID NOT order Government to RETURN. 1/ Image
Image 2/ Minute Order ORDERED Trump Administration "not to remove" tDa members. But Judge, in HIS own words, stated that the tDa members had been "removed" and wants to know why they weren't "returned."
Mar 19 • 14 tweets • 3 min read
🧵This post by @shellenberger provides an opportunity for me to hit a point I've been making the last week, but which many are still missing. For 2 months, Trump Administration has faced an avalanche of unconstitutional court orders from single federal judges. 1/ 2/ More TROs & PI have issued against Trump Administration in 2 months than 4 years of Biden. And while appeals process is still ongoing for many of those, appellate courts have already stayed several orders showing my point re unconstitutionality is not spin but reality.
Mar 19 • 5 tweets • 2 min read
🚨DOJ demands an emergency stay from Judge in Venezuelan government-gang removal case. Entire motion is worth reading. Bottom line: There is absolutely NO reason for the court to deny a stay. There is no urgency for Court to obtain information. 1/ Image 2/ In fact, the Court doesn't need information at all because Court has enough information to either hold Trump Administration in contempt or not because Trump Administration's position was it didn't have to turn airplanes around after left airspace. Image
Mar 19 • 7 tweets • 2 min read
🚨BREAKING: Court in Khalil (Columbia Hamas-baking student case), transfers his habeas petition to New Jersey. 1/ 2/ Judge must have decided each of Khalil's attorneys was entitled to 1,000 words in her opinion, which is exceedingly detailed. On decision to transfer to New Jersey instead of LA, her analysis is convincing but strikes me as off in context of habeas. storage.courtlistener.com/recap/gov.usco…
Mar 19 • 5 tweets • 2 min read
And Judge Tanya Chutkan makes 5, enjoining EPA from terminating grants. At least she didn't order EPA to pay the grants...at least not yet! 1/ Image 2/ Order. storage.courtlistener.com/recap/gov.usco…
Mar 18 • 11 tweets • 3 min read
Trump Administration filed a Motion to Vacate TRO in Venezuelan government gang case seeking to lift court's injunction. 1/ 2/ This brief is excellent and I do not see any feasible basis to conclude the court has jurisdiction. storage.courtlistener.com/recap/gov.usco…