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Margot Cleveland Profile picture
@ProfMJCleveland
Mar 13 • 2 tweets • 1 min read • Read on X
Former AG Meese submits amicus brief re birthright citizenship case in 9th Cir. 1/
2/storage.courtlistener.com/recap/gov.usco…

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More from @ProfMJCleveland

Margot Cleveland Profile picture
Apr 3
🚨Hearing on Show Cause ended. Below was play-by-play. My thoughts follow. Judge is going to find government in contempt and continue this farce. In this hearing Judge came off as the most biased and unkeeled he has yet. Two examples: 1/
2/ While the hearing was on whether Trump Administration violates his orders, Judge wanted to frame rushing to avoid order being entered as problem for him. It's not: Judge can't hold someone in contempt b/c they went to great lengths to avoid being in contempt by rushing things.
3/ Relatedly Judge wanted to stress that point by saying "rush" caused a mistake of someone on plane who shouldn't have been. BUT as DOJ pointed out, he was on third plane where removals were under other removal procedures & it had nothing to do with Alien Enemies Act.
Read 9 tweets
Margot Cleveland Profile picture
Apr 3
🚨"Show Cause" hearing in Alien Enemies Act case on question of whether Trump Administration violated Court's order set to start in 15 minutes. I'll try to cover live here. 1/ Image
2/ Here's your pre-read which explains Trump Administration's arguments and my predictions.
3/ Judge: Looking further into parties compliance with TROs. Judge asks DOJ to start.
Given public attention wants to reiterate "effect" of TRO, you agree did not release any tDa member to be released or from apprehending or deporting per regular measure and some even deported on that basis.
My TRO only said couldn't deport by Proclamation.
If anyone in administration makes statements they wouldn't be true.
Me: Judge isn't doing himself any favors.
Judge: Claims government is bad faith and didn't comply.
Read 13 tweets
Margot Cleveland Profile picture
Apr 3
🚨Yesterday Trump Administration filed reply in SCOTUS in Alien Enemies Act case. This paragraph sums up point I've been stressing: Judge Boasberg so wanted to stop removal that he bypassed question of whether he had jurisdiction. 1/ Image
Image
2/ There are many difficult legal questions with no precedent re the Alien Enemies Act, but you can't ignore jurisdiction because you really, really, really want to stop something you believe is bad...either at start of case or mid-flight!
3/ Congress also has political question to answer: Does it want to amend the Alien Enemies Act to require process beyond habeas? To limit President's authority? To define undefined terms?
Read 7 tweets
Margot Cleveland Profile picture
Apr 3
In looking for another case, I came across two cases docketed today re immigration issues where filings aren't available: This one seeks release from INS Detection and this seeks an adjudication on a visa issue. 1/ Image
Image
2/ I'm interested in these cases because (other than the Alien Enemies Act) there is a very clear procedure for how to challenge immigration issues and it isn't in the district court. Rather, aliens must proceed through the administrative process, ALJ (Administrative Law Judge)
3/ Then to appeal before the BIA (Board of Immigration Appeal) and after that they can challenge to a federal circuit court. They cannot bring habeas or other challenges in a district court: Congress purposefully removed jurisdiction from district court to avoid flooding court
Read 4 tweets
Margot Cleveland Profile picture
Apr 1
THREADETTE: THIS. AND we still don't know 2 key points: WHAT prompted Aspen Institute to run "table top exercise" to "prebunk" story amazingly similar to reality. AND why was Baltimore FBI agent running keyword searches to flag disinformation for Twitter? /1
2/ It wasn't merely FBI feeding "hack and leak" warnings to social media. THAT IS HUGE STORY & we need to know if folks doing that knew of Hunter Biden laptop OR were fed idea of hack and leak by someone who did. BUT also what/who prompted Aspen Institute's focus on Hunter.
3/ Here's my reporting on that aspect that I've yet to see anyone else pick up on. ALSO note that many "disinfo" experts say prebunking as MOST effective counter to folks believing disinformation, or here truth. thefederalist.com/2023/02/09/twi…
Read 5 tweets
Margot Cleveland Profile picture
Apr 1
🚨Here is tDa terrorists filing in SCOTUS re Trump Administration's motions related to Alien Enemies Act case. 1/
2/ SCOTUS could go 2 ways: a) granting stay b/c court must ensure it has jurisdiction & no jurisdiction here + harm to Article II warrant relief; or b) since Trump is able to remove still this case can wait...unlike others where Trump is forced to pay out money.
3/3 I could actually see Justices doing so horse trading: Okay no stay here but stay in these other cases where Trump is forced to pay money & reinstated fired employees. Here's petition. supremecourt.gov/DocketPDF/24/2…
Read 5 tweets

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