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As I mentioned in my just previous thread, see mastodon.social/@heidilifeldma…, there were two wild developments in the case today. This thread is about the Trump regime's motion for reconsideration of Judge Murphy's earlier findings and orders and a stay of these orders while the Trump regime appeals. 1/ #LawFedi

Heidi Li Feldman

2025-05-24 04:02:36

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D.V.D. v. Trump, the case involving immigrants removed to third-party countries without due process, just gets wilder and wilder. Two developments today. This thread is about the judge's latest opinion and order for yet another preliminary injunction in the lawsuit. Full document at storage.courtlistener.com/reca…. #LawFedi 1/

#lawfedi
in reply to Heidi Li Feldman

Heidi Li Feldman
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Heidi Li Feldman
• •
Per usual for the Trump-Bondi DoJ, the motion for reconsideration and stay goes on and on, making the now usual arguments: the court has no jurisdiction because of executive branch national security prerogatives; no jurisdiction bc case only concerns matters that are only to be heard in immigration court; even if court has jurisdiction, all due process requirements have been satisfied; etc. etc. 2/
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Heidi Li Feldman
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Heidi Li Feldman
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What's bonkers about the motion is the declaration accompanying it, from Marco Rubio. Full document at storage.courtlistener.com/reca…. 3/
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Heidi Li Feldman
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Heidi Li Feldman
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Rubio claims, under oath, that Murphy's orders that the immigrants DHS shipped to South Sudan, likely in violation of their due process rights, have to be kept in the custody and control of DHS and given appropriate credible fear hearings are causing "significant and irreparable harm to U.S. foreign policy" by creating "negative consequences to important U.S. strategic interests" in Libya, South Sudan, and Djibouti. 4/
in reply to Heidi Li Feldman

Heidi Li Feldman
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Heidi Li Feldman
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Not only is this absurd on its face, but if by some stretch of the imagination maintaining the migrants in DHS custody in South Sudan were so harmful, Murphy's orders themselves gave the Trump regime the option of returning the men to the U.S. and conducting proper credible fear hearings here. 5/
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Heidi Li Feldman
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Heidi Li Feldman
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If keeping the plaintiffs in South Sudan is harming U.S. strategic interests Marco Rubio should tell Trump to order his DHS to stop this harm and return the migrants to the U.S. - not complain that somehow the court's protection of these immigrants' likely due process rights is somehow endangering the U.S. or interfering with the conduct of foreign policy. 6/
in reply to Heidi Li Feldman

Heidi Li Feldman
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Heidi Li Feldman
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Presumably, appeals courts, including the Supreme Court, will reject Rubio's statement as any basis for vacating Judge Murphy's orders. But, we shall see.... 7/7
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James M.
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James M.
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all of trump's court arguments are some form of BS, and everyone knows it. The remaining question is which judges confront the BS, and which judges accept the arguments despite knowing they're BS. I wonder if anyone is keeping such a tally of judges.
in reply to Heidi Li Feldman

Gerrit Venema 🇪🇺🌍🍉
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Gerrit Venema 🇪🇺🌍🍉
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Are these negative consequences in the room with us right now, mr. Rubio?

What a craven man he became.

What relentless attack on everything due process and truth, when the executive is the defendant.

But in the reverse the government would be demanding wide ranging speedy injunctions and contempt cases against anyone that they would be complaining about.

Note that the budget bill is not taking contempt away, just leaving it in such a way that it becomes one sided usable.

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