#Boasberg cites case law that the govt is required to provide a clear reason before refusing to provide him classified or national security info.
He asks if the #DOJ can provide in writing tomorrow by noon what their position is communicating the info to him.
Boasberg to the DOJ: "Let me just tell you the questions that I wish you could answer, & that I will be asking you.”
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#Boasberg points out he gets classified info all the time "Why are you showing up today & not having answers as to why you can't disclose it?”
He points out that if the answers are classified, fine, just tell him.
Boasberg remains incredulous at the fact that the govt won't even tell him why they won't tell him how many flights took off. #DOJ says all he can say is that the flights took off before his order, & he suggests that's not relevant to #compliance.
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#Boasberg is now questioning the government about the other 2 flights, which the government itself somewhat mentioned in its orders.
The government continues to refuse to disclose any information. Boasberg asks why it can't be said outside of the public, & the #DOJ attorney refuses to say why.
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#Boasberg is now asking about a third flight identified by the #ACLU that they were asking about, which is I believe what the last bit was about. He gets the #DOJ to confirm no one on that plane was subject to the #AEA proclamation.
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#Boasberg gets the #DOJ to confirm the 5 individual named plaintiffs, which were the subject of his first TRO, are still here.
Boasberg asks "How many planes departed the US at any point on Saturday carrying any people being deported solely on the basis of the proclamation."
DOJ refuses to answer!!
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#Boasberg says he wants to focus on the timelines involved. He says, again, "I just want to obtain some facts here, I'm not planning to issue any rulings about the government's conduct today, it's just to get information." He says the ACLU can raise any objections to the facts if they have them
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#Boasberg begins by saying today's hearing is not about the merits of his TROs issued on Sat. He says the sole reason he's here is fact-finding about the govt's #compliance w/his orders. He notes the govt asked the DC Circuit to stay this hearing & asked that he be removed.
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🧵 coverage of Judge #Boasberg’s hearing via Aaron Reichlin-Melnick:
Chief Judge Boasberg begins the hearing. Lee Gelernt & others from the #ACLU are there in person, along with others from #DemocracyForward.
For the government, appearing are Abishek Kambli & August Flentje.
Judge #Boasberg responded to #DOJ’s Monday motion to vacate the 5PM hearing:
The Court ORDERS that Defendants' 24 Motion to Vacate is DENIED. The hearing will proceed as scheduled. So ORDERED by Chief Judge James E. Boasberg on 3/17/2025.
So, it should start in about 5 minutes.
In another remarkable move, the DOJ wrote a letter to the federal appeals court that sits over Judge #Boasberg, asking it to remove him from the case entirely given what they falsely described as his “highly unusual & improper procedures.”
The two government filings came on a day of extraordinary resistance to the court by the #Trump admin, which has said that it has not violated Boasberg’s order stopping the flights, but also that he had no authority to issue it in the first place.
In a brazen display of defiance, #Trump’s #DOJ filed papers less than two hours before the 5PM hearing, telling Judge James E. #Boasberg that there was no reason for anyone to come to court because the administration was not going to provide any further information about the #deportation flights.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.24.0_2.pdf
5/ And @Nonilex too!
https://masto.ai/@Nonilex/114179840622384028
#Boasberg gets the #DOJ to confirm the 5 individual named plaintiffs, which were the subject of his first TRO, are still here.
Boasberg asks "How many planes departed the US at any point on Saturday carrying any people being deported solely on the basis of the proclamation."
DOJ refuses to answer!!
#Boasberg gets the #DOJ to confirm the 5 individual named plaintiffs, which were the subject of his first TRO, are still here.
Boasberg asks "How many planes departed the US at any point on Saturday carrying any people being deported solely on the basis of the proclamation."
DOJ refuses to answer!!
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#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump