... For full coverage of yesterday’s Labor Day Sunday emergency hearing, see colleague @annabower.bsky.social ’s live blog for @lawfaremedia.org here: www.lawfaremedia.org/article/emer...
Roger Parloff
@rparloff.bsky.social
40795 Followers
638 Following
Senior Editor, Lawfare. Ex-Fortune staff. Published in ProPublica, NYT, New York, New Yorker, Yahoo Finance, Air Mail, etc. Practiced law a long time ago.
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Yesterday, after enjoining DOJ/DHS from removing dozens of unaccompanied Guatemalan minors, Judge Sooknanan ordered DOJ to file 4 status reports later that same day—with a 5th still due this morning—to prove it complied. (“Presumption of regularity” is gone for this DOJ.) ... 1/2
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... .@aclu.org stresses that, whatever obstacles to a criminal contempt action might lie ahead, Judge Boasberg could also still choose remedies short of those, including referrals for bar and court “disciplinary proceedings.” DOJ response is due 9/8.
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... “That is especially so where there is evidence not only that DOJ attys understood the order at the time but that a high-ranking DOJ official [i.e., then-ADAG Emil Bove] had also indicated in advance that DOJ might ignore a court order" [i.e. say ‘fuck you’ to courts]. ... 4/5
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... @aclu.org says it wants to ensure parties can’t evade even answering questions about their possible defiance of court orders. Here, DOJ attys “chose to ignore the order & then retroactively manufacture ambiguity”—“remarkable step for any litigant, much less the DOJ" ...
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... Recall that on 8/8 all 3 panelists had agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @aclu.org says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ... /2
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On Thurs (while I was on vacation), @aclu.org sought full DC Circuit review of the splintered panel decision that would vacate Judge Boasberg’s order finding probable cause to believe DOJ attys committed criminal contempt in the JGG case. ... storage.courtlistener.com/recap/gov.us... 1/5
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And find all of her and @rparloff.bsky.social's trial and hearing reporting at Lawfare's litigation coverage homepage: www.lawfaremedia.org/projects-ser...
Litigation Coverage
Find President Trump's executive orders, lawsuits and litigation against the actions, and analysis here.
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This morning, Judge Jia Cobb held a hearing in Cook v. Trump, a lawsuit in which Federal Reserve Governor Lisa Cook is challenging President Donald Trump's attempt to fire her from the Board of Governors.
@annabower.bsky.social covered the hearing as it happened. Read her report:
What Happened During Fed Governor Cook’s Hearing?
A play-by-play of Judge Cobb’s hearing in Cook v. Trump, a lawsuit challenging Trump’s attempt to fire a member of the Fed’s Board of Governors
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This is a key point. Last month DOJ called a DHS/ICE witness to provide hours of sworn testimony before Judge Xinis that—as top DOJ, DHS, and White House officials had to have known at the time—was palpably false.
Just last month, DOJ told a federal judge that Abrego Garcia’s immigration proceedings would be handled like any “garden variety” case.
No decisions would be made, they said, until he reports to ICE and is assigned a case officer.
That officer, they insisted, would call the shots.
