update - Judge Boasberg ponders contempt proceedings vs Trump administration

mandrill

monkey
Aug 23, 2001
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Cool.
There are other courts.
And that judge can be overruled.

Yes, in the normal world, this would be a significant threat.
We currently don't know if we still live in that world.
How can the judge enforce this?
The chief judge in the district says "You cannot file or defend a case in this district henceforth without special leave. And you get that special leave when you purge your contempt."
 

mandrill

monkey
Aug 23, 2001
79,084
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And here we go. Right on cue.



A federal judge on Sunday ordered the Trump administration to respond to allegations that U.S. immigration enforcement "willfully disobeyed" an order halting the deportation of a Rhode Island doctor.
The big picture: Dr. Rasha Alawieh, who according to court documents is a citizen of Lebanon who holds an H-1B visa, was detained last week upon her arrival at a Boston airport.

How it happened: In an order on Friday evening in response to a petition from Alawieh's cousin, federal Judge Leo T. Sorokin mandated 48 hours' notice before Alawieh could be deported.

  • But Alawieh was nonetheless placed on a flight to Paris, where she was detained as of Saturday.
  • It's unclear how much time elapsed between the order coming down and that flight departing, but attorneys representing Alawieh's cousin, Yara Chehab, alleged in a court filing that the government had received "actual notice" and "willfully disobeyed" the court's order. Alawieh was expected to fly to Lebanon on Sunday, per the filing.
  • The Trump administration has not said why Alawieh was detained, or why she was removed from the country despite the order. The Department of Homeland Security did not respond to a request for comment, while the State Department said it could not comment on individual cases.
Driving the news: In a Sunday court filing, Sorokin ordered the government to respond by Monday morning to the "serious allegations" that it intentionally breached a court order.

  • In his previous order, Sorokin had said that in order to give more time to consider the case, Alawieh must not be moved outside of Massachusetts without 48 hours' advanced notice and an accompanying explanation.
  • In his Sunday filing, Sorokin said his order followed "common practice in this district as it has been for years."
Catch up quick: Brown University sponsored Alawieh's visa after offering her an assistant professorship, according to a complaint filed Friday.

  • Her petition was approved in June, but she wasn't able to obtain her visa until March 11, per the filing.



  • While she was completing programs at the University of Washington, Ohio State University and Yale in years prior, she was on a J-1 visa, according to the complaint.
What they're saying: The Council on American-Islamic Relations (CAIR) called on the Trump administration in a Sunday statement to "immediately readmit" Alawieh.

  • "As a U.S. resident for six years and a doctor working for the Division of Kidney Disease & Hypertension at Brown Medicine, Dr. Alawieh played a critical role in treating countless patients who needed treatment by a specialist," CAIR's statement read.
Zoom out: This would not be the first time the Trump administration moved to deport someone who was in the U.S. legally.

What's next: A hearing in Alawieh's case is set for Monday.
 

squeezer

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Jan 8, 2010
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Hold on Mandy...would it be ok for Trump to defy Supreme court ruling?.........the way Joe Biden did? Or is that a "fascist move".

Trumpnis basically pushing the envelope but all within the rules...he appeals...he at least does it...
He's proving every lefty wrong....
And @squeezer ... you still can't call him racist and misogynist...lol..
What nonsense and bullshit are you spewing out of your ass now about Joe B not following a court order? Please enlighten us Mr. Spewer. LOL
 
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mandrill

monkey
Aug 23, 2001
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'Holy crap': Trump's DOJ raises experts' eyebrows with 'terrifying' brief in court


Donald Trump's Department of Justice stunned numerous experts on Saturday with a request in a court that some said is without precedent in the U.S.

A judge over the weekend blocked the President's move to invoke war powers to deport individuals the DOJ says are members of the Venezuelan gang Tren de Aragua.


Trump's administration moved to appeal, but the language and the request at the heart of the appeal raised eyebrows with some experts.

Chris “Law Dork” Geidner reported the news on social media, writing, "DOJ asks the D.C. Circuit to 'halt' the district court in response to the TRO blocking the Trump administration from immediately deporting 5 men without any process."

"DOJ asks for an 'immediate administrative stay' allowing the deportations," Geidner added.

Part of the appeal stood out to Aaron Reichlin-Melnick, a senior fellow at American Immigration Council and former immigration lawyer for Immigrant Justice Corps.

"Holy crap," he said on Saturday. "The DOJ is arguing that the President can unilaterally deport anyone he wants without ANY statutory authority, just on his inherent authority as President over national security. That is a terrifying claim to make and has never been recognized before in US history."


Reichlin-Melnick added, "While of course deporting citizens is unlawful, I see nothing specific in the argument that would purport to limit that claim to noncitizens, since it's based on membership in a gang. But this is also a badly written brief with a stupid and unlawful argument at its core."

Authoritarianism expert Ruth Ben-Ghiat also flagged the appeal, writing on social media, "Everyone who thought he was joking about being a dictator, are you waking up now?"
 
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Valcazar

Just a bundle of fucking sunshine
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That would be a constitutional crisis I reckon.
It would also mean the government is falling apart.
So possibly, actual civil war? lol.
Constitutional crisis, yes.
(Civil war isn't automatic.)

But given they have already started disobeying court orders, I would say that crisis is ongoing and we haven't seen where it ends up.
 

mandrill

monkey
Aug 23, 2001
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Constitutional crisis, yes.
(Civil war isn't automatic.)

But given they have already started disobeying court orders, I would say that crisis is ongoing and we haven't seen where it ends up.
This one was just a "sneaky sneak" disobedience. Hopefully the next one isn't outright defiance.
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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The chief judge in the district says "You cannot file or defend a case in this district henceforth without special leave. And you get that special leave when you purge your contempt."
Serious question. How long do you think before the chief judge of any district goes this hard?
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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"Holy crap," he said on Saturday. "The DOJ is arguing that the President can unilaterally deport anyone he wants without ANY statutory authority, just on his inherent authority as President over national security. That is a terrifying claim to make and has never been recognized before in US history."


Reichlin-Melnick added, "While of course deporting citizens is unlawful, I see nothing specific in the argument that would purport to limit that claim to noncitizens, since it's based on membership in a gang. But this is also a badly written brief with a stupid and unlawful argument at its core."

Authoritarianism expert Ruth Ben-Ghiat also flagged the appeal, writing on social media, "Everyone who thought he was joking about being a dictator, are you waking up now?"
Ben-Ghiat is right.
And this confrontation is going to escalate.
 

richaceg

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Feb 11, 2009
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What nonsense and bullshit are you spewing out of your ass now about Joe B not following a court order? Please enlighten us Mr. Spewer. LOL
Oh Please...I know you're bummed you can't call him a misogynist and racist...you're stuck with "homophobe" but you're wrong there too?
 
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Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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mandrill

monkey
Aug 23, 2001
79,084
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Oh Please...I know you're bummed you can't call him a misogynist and racist...you're stuck with "homophobe" but you're wrong there too?
This is the Orange Fucktard who just wiped all Black and female bios off the Arlington Cemetery website, right?

And who purged a woman and a black man from the Joint Chiefs of Staff for no apparent reason, right?
 

richaceg

Well-known member
Feb 11, 2009
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Why do you think squeezer can't call Trump a misogynist and racist?
Because he isn't. If you gonna nitpick some situation where you can build up a theory Trump is racist based on that. You would probably end up saying Joe Biden is a racist individual....way way more than Trump lol....squeeze kinda stuck with the homophobe argument because somehow Trump only hires straight people and not because their qualified....laughable really.
 
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