There’s a judge that’s giving government lawyers enough rope, we’ll see tomorrow if they decide to hang themselves. It’s idiotic for them to argue state secrets when they made a video celebrating the deportation…they just don’t want to admit in court that they violated a court order knowingly. You’d think with their behavior they’d happily brag to the judge that they ignored him and dare him to do his worst…Trump sure is doing it publicly, as are others, but the lawyers won’t take it that far in court yet.
The time to stop this was before the election, but people decided not to make sure Trump wasn’t elected, so we’re here. It’s not over though, there are still judicial proceedings going on, and the administration isn’t openly ignoring them yet. When they do, then we’ll see what judges can do about it…they do have some power, but we may soon find out what that really is. The states have power too, and there will be a 2026 election and it’s very likely Democrats will take the House back, especially if things keep going as badly as they have so far. And, of course, We, the People, will get to have a say, even if it means protests and shutting things down in order to force the government to do what we want.
So, this isn’t over, not by a long ways…the Republicans want us to feel like it’s over so they don’t have any resistance to their goals, so don’t do what they want and give up.
Boasberg is a former judge on the Foreign Intelligence Surveillance Act (FISA) Court, so he’s eminently qualified to receive top secret and state security information.
How could there be state secrets involved when they are making fan fiction videos of the transfer of detainees to the El Salvador facility - including the shaving of their heads?
Not all of it, at least theoretically. What we don’t know, and the judge doesn’t know, is how these men were selected for arrest and deportation.
That could involve wiretaps, CIA/NSA info about contacts with gang leaders in Venezuela, all sorts of things. Or ICE could be just doing some ad hoc ethnic profiling without any of that. Which is probably what happened, but it’s still possible this could involve some confidential info. The judge is at least qualified to handle that, if there is any.
The deportation isn’t the state secret. The state secret is the evidence they relied upon that these particular individuals were members of this particular gang that had done what terrorist acts. As usual, there is none. But if it’s a state secret, there could be.
Suppose Judge Boasberg rules that, since this easily-located information has not yet been produced, it is clear that the Maladministration was in violation of his court order, and impose … some kind of penalty?
Can he order some maladmin official seized and locked up? Like DHS head? or ICE head? Both?
If txlawyer is listening, I’m ready for his snarky reply about how “so you’re a lawyer?” followed, one hopes, by the real answer. Answer: No, and I’m aware of it.
Unless someone goes to jail for contempt nothing will change. tangeranus dgaf about any stinking judge. And why should he? They’ve never done a gd thing to him for his criminality. In fact SCROTUS signed off on it and will again.
I’m not a lawyer, but if I were the judge, I would start out prohibiting from MY COURTROOM, any government attorneys who were not truthful in answering the judge’s questions.
Though I appreciate this Judge’s stand-up mode, I’m left to wonder why these hack lawyers always get a reprieve. They come to court unprepared with lazy-ass and deceit-fueled excuses, yet manage to wiggle more time.
Just falls into Trump’s standard practice: Delay, Delay, Delay.
On the other hand: As I, a non-lawyer, understands it - Marbury v Madison allows courts to declare laws or actions of the executive branch unconstitutional.
Governmental officials, including in the executive branch, have a constitutional duty to uphold the constitution, and not to act in a manner that violates it. If a government official believes a judicial order is unconstitutional, they can challenge it through the judicial system.
