The #Trump admin invokes the #StateSecrets privilege, saying it will give Judge #Boasberg no more information about the #deportation flights to inform his decision about whether the govt defied his order.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.56.0.pdf

via Chris Newman:

Judge Chen asked attorneys for #Trump admin whether there is any evidence in the administrative record to support its claim that the #Venezuelans are members of so-called “Tren de Agua” gang.

Their response: “We don’t have any specific answer to that…”
[classic]

Holy crap

In a new affidavit in #AEA by someone turned around in #ElSalvador, they swear the following:

"Within a couple of minutes of take off I heard two US government officials talking and they said 'there is an order saying we can’t take off but we already have.'"

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.55.1_2.pdf

“Does the government agree that they’re entitled to notice that they are being removed based on their status as a member of Tren de Aragua under the president’s proclamation under the (#AEA) & an opportunity to challenge that before they are removed from the United States?” appeals court Judge Patricia Millett asked DOJ atty Drew Ensign.

Reminder #Boasberg’s order is a TEMPORARY Restraining Order, to halt removals under the #AEA until he has time to find the facts, consider #law & its implementation.

The multiple emergency hearings over the last week have been regarding the #Trump admin’s refusal to obey the order.

#Trump admin argues that relief can only be sought by #HabeasCorpus.

Judge asks why not #DueProcess? If individual’s argument is that they should not be subject to #AEA then habeas is not the correct path. The individuals are being removed not detained. They aren’t even arguing against their detention, they’re objecting to their removal to an #ElSalvador prison. Without process they aren’t being given opportunity to defend their removal subject to the AEA.

Judge just said “#Nazis got better treatment under the #AEA”

They had hearing boards.

The people #Trump deported had no opportunity to apply for habeas. The planes started leaving 2 hours after Trump’s proclamation was signed.

The oral arguments in the DC Circuit Court of Appeals for #Trump’s #AlienEnemiesAct appeal is will be live streamed starting at 1:30pm ET today.

You can watch here:
https://www.youtube.com/watch?v=4DoTLGECQSU

Or if you prefer to listen, audio will be available here:

https://media.cadc.uscourts.gov/recordings/

The US Court of Appeals for DC is still hearing #Trump’s appeal & request to remove Judge #Boasberg this afternoon at 1:30PM.

The confusion over #Trump’s signature prompted some speculation that perhaps the document was signed using an #autopen, a machine that uses real ink to duplicate a human signature. The #DOJ has said the autopen is a legal way to sign official presidential documents, but Trump has ridiculed the practice as inauthentic [& Trump proclaimed Biden’s pardons were invalid for its use].

#DOJ is back up briefly for a hypothetical presented by Boasberg about whether the #AlienEnemiesAct could apply to Chinese fishermen under their interpretation of the #AEA. They agreed it could.

Court is adjourned for the day.

#law #Constitution #immigration #DueProcess #Judiciary #Trump #AbuseOfPower

#Boasberg says he is also concerned that those targeted were not working for foreign governments, but adds that the question of his ability to review the proclamation itself is unclear.

"There's still a lot of language in #SCOTUS cases that gives me pause"

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

#Boasberg interjects to say that a big question here is about TdA membership, determining who is covered by the #AEA.

Boasberg to #ACLU: I agree that the policy implications of this are incredibly troubling, problematic, concerning....it's an unprecedented & expanded use of the Act

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

#ACLU: "It can't just be you're put on a plane in 2hrs"

ACLU says that unless there's a review process, "anyone could be taken off the street." He adds that the plaintiffs see another question: whether the proclamation itself is reviewable by the courts; he says it is.

ACLU: "This is a very dangerous road we're going down where the #AlienEnemiesAct can be invoked against a gang" [not a foreign nation or government]

#law #Constitution #immigration #DueProcess #Judiciary #Trump #AbuseOfPower

#DOJ argues that, hypothetically, people subject to #AlienEnemiesAc could contest that via a habeas claim. But says that the current suit (a class action) shouldn't be allowed (not brought by individual)

#Boasberg asks about #torture claims: Why can't the plaintiffs bring that related to the #AEA removals?

DOJ says that such a claim needs to be brought as part of a #HabeasCorpus petition.

[again, not easy to do from #CECOT)

#law #Constitution #immigration #Judiciary #Trump #AbuseOfPower