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#rendition

18 posts4 participants0 posts today
Continued thread

#Boasberg: this would be cabined, expedited proceeding. then i'd give govt till wednesday to give their responses on whether they have objections to [discovery] plaintiffs propose. the next day i'll order a timeframe. then i'll ask parties to brief ... then i'll decide if there's constructive custody & , if so, we then go on to remedy.
any questions?
[none]
Okay, thanks everybody. Hearing concluded.

Continued thread

#DOJ: if going to be somewhere else in US, their #habeas has to be heard there. [But DOJ emphasizes that it's speculative what's going to happen to these criminal defendants down the road.]

#Boasberg now asking Gelernt, of ACLU, about irreparable harm.

Gelernt: the problem is, at 8pm tonight, they could move them from criminal custody to #ICE custody & they could be removed from country by 8am tomorrow morning.

Continued thread

#Boasberg: are there still 32 individuals in criminal custody with active detainers against them. [this refers to a proposed class relating to criminally confined aliens in the US.]

#DOJ: not sure.

Boasberg: let's assume for a minute that all these people will be removed after criminal proceedings run their course, & that those 32 could challenge their future rules for #habeas—then can we hear it?

Continued thread

#DOJ: none of the cases plaintiff cited involved asking a foreign sovereign before a decision can be made. That cuts against idea we have constructive custody—especially immediate custody. ...question is can we immediately produce without another country having a say in it?

#Boasberg: cites a case where consultation w/ Saudi Arabia was required.

DOJ: yes, but that was just consultation.

#law #immigration #AlienEnemiesAct #Rendition #DueProcess #Judiciary #AbuseOfPower #Trump

Continued thread

#Boasberg: Secy #KristiNoem said, "One of tools in our toolkit." Is she wrong?

#DOJ: i'm not going to parse out every statement l...

Boasberg: does that means these statements aren't true?

DOJ: not what i'm saying at all...

Boasberg: what you're telling me ... are you willing to provide that in declarations?

DOJ: we don't believe discovery is necessary. can consult with State dept.

Continued thread

Gorski: what's important is future legal custodians. what matters is future confinement. not current.

#Boasberg: do you think Padilla could have sued in Washington before he was transferred to Charleston.

Gorski: if he had notice in advance, yes.

Boasberg moves on to the next issue.

Continued thread

Gelernt: we are not ... seeking a class for the entire thing anymore

#Boasberg: so let's not talk about subclasses. they're classes. similarly the original named plaintiffs--they're not part of those classes, right?

Gelernt: right.

Judge: why isn't Padilla a problem for you here in sense that shouldn’t venue lie in district where they were held prior to removal?

Continued thread

The planned use of a #military plane for the flight to #Libya comes after the #Defense Dept has assisted in transporting migrants to locations such as #India, #Guatemala & #Ecuador.

In late March, #DOD ofcls flew a group of #Venezuelan migrants to #ElSalvador without any staff from #DHS on the plane, acc/to court records. The flight took off from #GuantánamoBay, Cuba, to El Salvador & included 4 Venezuelans.

Continued thread

Earlier this year, the #Trump admin deported several hundred people to #Panama from countries in the Eastern Hemisphere, including #Iran & #China. The migrants, who said they did not know where they were going, were detained in a hotel for several days before being taken to a camp near the jungle. Some of the migrants were later released from Panamanian custody.

Continued thread

The #US has formal relations only w/the #Tripoli government. But Haftar’s son, Saddam, was in Washington last week, & met w/several #Trump admin ofcls. Trump had friendly dealings in his first term w/Haftar, who controls most of #Libya’s lucrative #oil fields.

A major transit point for Europe-bound migrants, Libya operates numerous detention facilities for refugees & migrants.