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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
Apr 3 • 5 tweets • 2 min read
🚨By happenstance I came across new lawsuit yesterday while trying to find case filed in federal court in Boston seeking to toss contempt of INS agent who arrested someone in middle of trial. (Anyone have that petition/complaint?). Anyway, what I found was habeas by alien. 1/ Image 2/ What is important about this case is it reveals a new strategy by aliens to avoid Trump's enforcement of immigration law. Alien being held filed a petition for habeas in Court and Court enters order prohibiting alien's transfer until he figures out if he has jurisdiction.
Apr 3 • 9 tweets • 2 min read
🚨Hearing on Show Cause ended. Below was play-by-play. My thoughts follow. Judge is going to find government in contempt and continue this farce. In this hearing Judge came off as the most biased and unkeeled he has yet. Two examples: 1/ 2/ While the hearing was on whether Trump Administration violates his orders, Judge wanted to frame rushing to avoid order being entered as problem for him. It's not: Judge can't hold someone in contempt b/c they went to great lengths to avoid being in contempt by rushing things.
Apr 3 • 13 tweets • 5 min read
🚨"Show Cause" hearing in Alien Enemies Act case on question of whether Trump Administration violated Court's order set to start in 15 minutes. I'll try to cover live here. 1/ Image 2/ Here's your pre-read which explains Trump Administration's arguments and my predictions.
Apr 3 • 7 tweets • 2 min read
🚨Yesterday Trump Administration filed reply in SCOTUS in Alien Enemies Act case. This paragraph sums up point I've been stressing: Judge Boasberg so wanted to stop removal that he bypassed question of whether he had jurisdiction. 1/ Image
Image 2/ There are many difficult legal questions with no precedent re the Alien Enemies Act, but you can't ignore jurisdiction because you really, really, really want to stop something you believe is bad...either at start of case or mid-flight!
Apr 3 • 4 tweets • 2 min read
In looking for another case, I came across two cases docketed today re immigration issues where filings aren't available: This one seeks release from INS Detection and this seeks an adjudication on a visa issue. 1/ Image
Image 2/ I'm interested in these cases because (other than the Alien Enemies Act) there is a very clear procedure for how to challenge immigration issues and it isn't in the district court. Rather, aliens must proceed through the administrative process, ALJ (Administrative Law Judge)
Apr 1 • 5 tweets • 2 min read
THREADETTE: THIS. AND we still don't know 2 key points: WHAT prompted Aspen Institute to run "table top exercise" to "prebunk" story amazingly similar to reality. AND why was Baltimore FBI agent running keyword searches to flag disinformation for Twitter? /1 2/ It wasn't merely FBI feeding "hack and leak" warnings to social media. THAT IS HUGE STORY & we need to know if folks doing that knew of Hunter Biden laptop OR were fed idea of hack and leak by someone who did. BUT also what/who prompted Aspen Institute's focus on Hunter.
Apr 1 • 5 tweets • 2 min read
🚨Here is tDa terrorists filing in SCOTUS re Trump Administration's motions related to Alien Enemies Act case. 1/ 2/ SCOTUS could go 2 ways: a) granting stay b/c court must ensure it has jurisdiction & no jurisdiction here + harm to Article II warrant relief; or b) since Trump is able to remove still this case can wait...unlike others where Trump is forced to pay out money.
Mar 31 • 6 tweets • 2 min read
🚨BREAKING: Harris seeks en banc review in D.C. Circuit after panel granted Trump stay, meaning he Harris stayed fired. More details available in other threads. 1/ 2/ Here's petition: storage.courtlistener.com/recap/gov.usco…
Mar 31 • 5 tweets • 2 min read
🚨Here's the docket for the appeal of the lower court's injunction requiring reinstatement of grants, employees, etc. of the Consumer Financial Protection Board. 1/ 2/ courtlistener.com/docket/6982173…
Mar 31 • 5 tweets • 1 min read
🚨Trump Administration files 🔥reply brief in SCOTUS in Dept. of Educ. v. California case. Trump asks for stay & vacatur of order they reinstate grants they terminated. Entire brief is worth a read for those knee-deep. A few topline take-aways. 1/ 2/ Brief highlights absolute abuse of TROs & details cases where orders entered and illustrates why district court's lack jurisdiction over broad swatch of cases & basically begs SCOTUS to put an end to it.
Mar 30 • 22 tweets • 4 min read
🧵With the flurry of federal litigation, I thought it would be helpful for the non-lawyers to provide a brief lawsplainer of federal court system. So, here it goes: Article III of the constitution established 1 Supreme court and such inferior courts as Congress may establish. 1/ 2/ Currently there are 94 "district courts" and 13 "courts of appeals," named by their circuit, 1st Circuit Court of Appeals, Second Circuit Court of Appeals, through 11th Circuit. There is also a D.C. Circuit Court & a Federal Circuit.
Mar 30 • 8 tweets • 2 min read
🚨Trump's response in opposition to stay notes another case had been filed recently challenging Trump's firing of an executive branch officials. In Slaughter v. Trump, Slaughter & Bedoya challenged Trump's firing of them from Federal Trade Commission. 1/ 2/ Here's link: courtlistener.com/docket/6980119…
Mar 29 • 12 tweets • 4 min read
NEW🧵of cases against Trump Administration where proceedings have reached Supreme Court. 1/ 2/ Office of Personnel Management v. American Federation of Government Employees, 24A904: Trump Admin. seeks stay & vacatur of N.D. of Cal., injunction ordering ~ 6 agencies to offer to reinstate 16,000 fired probationary employees. supremecourt.gov/search.aspx?fi…
Mar 28 • 5 tweets • 2 min read
🚨For those asking for less lawyer-talk & more lawsplaining: Trump won YUGE victory today when appellate court held he can (for now) fire members of National Labor Relations Board (considers union issues) & Merit Systems Protections Board (considers fed employee issues) 1/ 2/ The decision rests on Article II authority of the Executive and half-dozen Supreme Court cases discussing when President can fire officials like Board members versus when Congress can limit that authority. Opinion contains tedious legal analysis of precedent but Trump wins.
Mar 28 • 7 tweets • 2 min read
🚨🚨🚨BREAKING: Trump win in case involving his firing of executive officials. Lawyer version thread to be followed by layman's thread. 1/ 2/ Opinion here of DC Court of Appeals decision in consolidated appeals of Harris and Wilcox. Trump fired Harris from Merit Protections Review Board and Wilcox from NLRB. storage.courtlistener.com/recap/gov.usco…
Mar 28 • 4 tweets • 2 min read
🚨🚨🚨BREAKING: Trump asks SCOTUS to intervene in Alien Enemies Act case & Justice Roberts requests response. Image 2/ The brief is excellent and includes extensive analysis, but the bottom line is simple: Judge Boesberg LACKED jurisdiction. That's all that matters & Judge Henderson ignored that flaw. Image
Image
Mar 28 • 5 tweets • 2 min read
🚨Yesterday I posted the below thread about the First Circuit (appellate court) that allowed a lower court to tell Trump he had to keep paying grants and couldn't freeze them or cancel them. I suggested the injunction really had no "bite" because it was limited to blanket decisions. 1/ 2/ Well a little bit ago the Trump Administration filed a brief in the lower court. The plaintiffs had claimed Trump was violating the injunctions because FEMA wasn't paying grants. Not so, Trump countered: They are reviewing and paying the grants, not freezing them. Image
Image
Mar 27 • 7 tweets • 2 min read
🚨🚨🚨BREAKING: Hearing in lawsuit against Trump Administration re preservation of Signal conversations about to start. 1/ 2/ Here's link to docket. courtlistener.com/docket/6978883…
Mar 27 • 7 tweets • 2 min read
🚨🚨🚨BREAKING: D.C. Court of Appeals tells Dellinger okay, you want to play that game, fine, we'll dismiss the lower court WITH prejudice, but NOT our opinions. 1/ Image
Image 2/ While I believe the better approach would have been for Court of Appeals to say there are rules on how to dismiss a case and asking Court of Appeals to do so isn't it, end result was same because Court of Appeals didn't vacate appellate decisions which was Dellinger's ploy.
Mar 26 • 6 tweets • 2 min read
🚨🚨🚨Another loss for Trump this one in First Circuit with court denying stay of lower court order. Details of underlying case and order below. This one Trump should appeal. 1/ Image 2/ One Obama and two Biden appointees. Full opinion. storage.courtlistener.com/recap/gov.usco…
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