Abrego Garcia hearing over. Judge has ordered swift, intense fact finding about who in Trump exec has done what - or failed to do what - to comply with her order that the exec bring Abrego Garcia back to U.S. 1/
Judge Xinis is following exact procedure used in previous cases where cabinet officials held in contempt. See esp. Cobell v. Babbitt, 37 F.Supp.2d 6 (1999). 2/
Both prudence and law require Xinis to go through full process of fact finding before finding specific Trump officials in contempt. The standard for such a finding is that it be supported by clear and convincing evidence. 3/
There are numerous cases where reviewing courts have vacated contempt judgments bc they are not backed with clear and convincing evidence. Roberts Court will look for any excuse to vacate a contempt judgement against Trump officials. Xinis and plaintiffs attorneys must make case as airtight as possible. 4/
Meanwhile, Iโm sure the Trump executive will try to appeal todayโs discovery orders. I donโt know if any good legal grounds for such an appeal but that wonโt matter to Trump, Noem, or Bondi. 5/
Roberts is going to be the decisive vote if it gets to Hugh court. He is dancing between avoiding conflict with exec and with seeming to assert power of judiciary. He might enforce discovery (smaller matter) only to later say that entire Abrego Garcia matter one of โforeign policyโ and solely in execโs control. That would be BS but that hasnโt stopped Roberts before.
I'm completely baffled how the deportation of a legal resident has anything to do with "national security." Maybe someone can explain it to me like I'm a five-year-old.
I'm expecting as many delay tactics as they can muster, along with simply not complying with court orders, because who is going to enforce such orders?
@Darth Sandwich ๐ณ๏ธโ๐ @Heidi Li Feldman \ The executive branch is responsible for enforcement, and if there's no enforcement/compliance, the executive is in dereliction of duty.
I feel like weโve seen all of this before โ last year. The courts have proven to be flatfooted and impotent when dealing with Trump. They either make infinite allowances for delays, excuses, and stonewalling, or they give him a slap on the wrist. And what can they do to him now? Warn him? Scold him? Is that all they can do? Theyโre scared, absolutely petrified, to do more.
Heidi Li Feldman
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Axomamma
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Darth Sandwich ๐ณ๏ธโ๐
in reply to Heidi Li Feldman • • •I'm expecting as many delay tactics as they can muster, along with simply not complying with court orders, because who is going to enforce such orders?
It's such a downer to game it out.
Radio Free Trumpistan
in reply to Darth Sandwich ๐ณ๏ธโ๐ • •The executive branch is responsible for enforcement, and if there's no enforcement/compliance, the executive is in dereliction of duty.
Martin Vermeer FCD
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