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Trump administration invoking state secrets privilege over deportation flight information sought by federal judge​



“Top Justice Department officials told a federal judge on Monday that the Trump administration is invoking the state secrets privilege to avoid giving him information about deportation flights from earlier this month that are at the center of a legal dispute over whether the government flouted his judicial commands.

“The Court has all of the facts it needs to address the compliance issues before it,” Attorney General Pam Bondi and other top DOJ officials wrote in a filing to US District Judge James Boasberg. “Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address.”

… Included in the Monday evening filing were declarations from Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem who said that disclosing the information sought by Boasberg would harm US national security or foreign relations.

… “It is critical to bear in mind that removal operations can be (as they are here) counterterrorism operations, If foreign partners believed that any relevant details could be revealed to third parties, those foreign partners would be less likely to work with the United States in the future,” Rubio said in his declaration.

“That impairs the foreign relations and diplomatic capabilities of the United States and threatens significant harm to the national security of the United States.”

Among the questions Boasberg wanted the Justice Department to answer are ones concerning the exact timing of when the two planes took off from US soil and left US airspace that day, as well as the specific times individuals deported under Trump’s proclamation were transferred out of US custody that day. …”
 

'Nazis got better treatment': Appeals judge on Trump deportation flights​


www.usatoday.com

'Nazis got better treatment': Appeals judge on Trump deportation flights

An appeals court sent mixed signals on how it might rule on President Trump's effort to keep hasty deportations going under the Alien Enemies Act.
www.usatoday.com www.usatoday.com

“Judge Patricia A. Millett, one of three judges hearing a Trump administration appeal over deportation flights, voiced concern Monday that alleged Nazis were given more rights by the U.S. government during World War II than the Trump administration gave alleged Venezuelan gang members deported on two plane flights March 15.

"There were plane loads of people. There were no procedures in place to notify people. Nazis got better treatment under the Alien (Enemies) Act than has happened here," Millett, an Obama appointee on the U.S. Court of Appeals for the D.C. Circuit, said. Alleged Nazis, she said, got the chance to go before hearing boards as part of their process.

Millett was one of three appellate judges considering Monday whether to free the Trump administration from a temporary restraining orderthat has halted its ability to hastily deport alleged members of the Tren de Aragua Venezuelan gang under the 1798 Alien Enemies Act. The other two judges are Trump-appointee Justin R. Walker and George H. W. Bush-appointee Karen LeCraft Henderson.

… Millet wasn't the only judge to express concern that the deportees deserved a chance to be heard in court.

"You're not getting an argument from this bench so far today against the idea that every single member of this class can have" a chance to claim innocence before a judge, Walker said.

However, many of Walker's questions suggested he could be inclined to rule the five plaintiffs should have brought their legal challenge through a procedure that would place them in a Texas court, instead of a D.C. one. Texas is where the five detainees are being held, he emphasized.

Walker also questioned an order from U.S. District Judge James Boasberg – whom Trump has said he wants impeached – for the Trump administration to turn any planes around that were currently in the air.

"I'm wondering if you can point me to a district court (temporary restraining order) or injunction that survived appeal that stopped an ongoing, partially-overseas national security operation in the way that this – at the time, at least – did order planes to take foreigners from international waters to the United States?" Walker asked ACLU lawyer Lee Gelernt, who was arguing on behalf of the detainees.

Gelernt responded that the government shouldn't be able to argue that national security prevents people from getting a chance to be heard before getting deported.“
 
nycfan said:

Trump administration invoking state secrets privilege over deportation flight information sought by federal judge​


… “It is critical to bear in mind that removal operations can be (as they are here) counterterrorism operations, If foreign partners believed that any relevant details could be revealed to third parties, those foreign partners would be less likely to work with the United States in the future,” Rubio said in his declaration.
Click to expand...
If foreign partners believe that military and intelligence operations planning are conducted over Signal chat, those foreign partners might be less likely to work with the US

I'm so sick of this state secrets bullshit. The judge has the power to review the claim and determine if the privilege is invocable. Let's hope he scrutinizes the administration's BS.
 
Oh, they finally retreated to the inherent authority in Article II to jail people arbitrarily.

Bill of rights amended away any such authority.
 
Justin Walker is such a piece of crap. Terrible judge. Fortunately he's on a good circuit so the other judges often carry him.

But what kind of a buffoon takes seriously that the deportations were part of "delicate negotiations with foreign powers on matters concerning national security."? I haven't read Henderson's opinion yet.

Note that when I was clerking, Henderson was one of the most conservative judges on what was a conservative circuit. She was the one to be in Walker's position, dissenting or concurring in order to JCD bullshit. That Trump's bullshit has now received from her TWO scathing critiques is really something.
 
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