It's Almost #RRF! Share What You Want to Hear!
Added 2025-03-19 23:51:57 +0000 UTCComment below with what you'd like to have us cover on Friday's Rapid Response episode! We have some thoughts in mind, but want to hear from you fine patrons! Be sure to heart the others in the thread that sound like they could use the OA breakdown.
Comments
Thank you for the reply!
Shad Riley
2025-03-21 22:03:36 +0000 UTCGreat questions! I didnt really have time to go this granular with everything, but i wanted to answer them here. 1) yes, that is a standard order for pretty much every immigration habeas pending review so far as i know 2) no 3) no, that provision is really confusing but it's more of a private right of action for citizens to force their neighbors out if i'm understanding it 4) no, i haven't seen a single serious person who actually knows what is going on in venezuela say that 5) no, so far as i know 6) no. Steve vladeck has a really good law review piece on this from awhile back but his conclusion was that even in wartime it seems that courts still have jurisdiction to review basic threshold questions 7) i think so given that we are contracting for the space, there should still be jurisdiction 8) presumably it would be extended, or they would just be released into es
Matt Cameron
2025-03-21 04:52:37 +0000 UTCWe get into all of this in today's show, but i do believe that so long as we have this contract with el salvador that there is judicial authority to order them to be returned
Matt Cameron
2025-03-21 04:39:01 +0000 UTCWe didn't get into this in today's show, but the deportation case is still in louisiana and imo moving the habeas from ny to nj isn't going to change things too much. (nj is coincidentally where the last challenge to these grounds of deportation were brought, and where trump's sister found them unconstitutional before being overruled by alito)
Matt Cameron
2025-03-21 04:37:40 +0000 UTCThe main lawyer DoJ sent to defend this mess is a real piece of work. He was responsible for the injunction against the student loan forgiveness program , was lead counsel in the title IX gender identity case and enabled Virginia to purge the voter rolls close to the election. He came here as a 3- year old boy from India. That's quite the CV https://fedsoc.org/contributors/abhishek-kambli-1
KaryllTheWarlock
2025-03-20 21:18:22 +0000 UTCNote: The Transcripts for the zoom hearing on the 15th and 17th in the J.G.G. case are now available on courtlistener Also: The ACLU lawyers were INCREDIBLY well informed here thankfully. They might not have gotten the class-wide TRO without that info. Doc # 20: https://www.courtlistener.com/docket/69741724/20/jgg-v-trump/ Doc # 25: https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.25.0.pdf
Shad Riley
2025-03-20 16:44:01 +0000 UTCIs it the governments burden to prove that a person can be removed to a country where they will be imprisoned? Is that applicable under the Alien Enemies Act? 8 U.S.C. § 1231(b)(3) Restriction on removal to a country where alien's life or freedom would be threatened. "the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion"
Shad Riley
2025-03-20 15:23:24 +0000 UTCAn update on Mahmoud Khalil's case and the likely effects of the jurisdiction move to New Jersey: https://storage.courtlistener.com/recap/gov.uscourts.nysd.638260/gov.uscourts.nysd.638260.78.0_1.pdf
A. Nonny Mouse
2025-03-20 14:25:16 +0000 UTCMassachusetts is (and will always be) here for you! Me too, even if it's just personally making sure you find the right lawyer. I'm sorry that you have to think about this.
Matt Cameron
2025-03-20 13:24:12 +0000 UTCNot sure how popular this topic would be outside the world of lawyers, but it would be interesting to hear your thoughts on Trumps actions against some of the big left leaning law firms like Covington & Burling and Perkins Coie, and how it might affect the ability of groups to bring litigation against the administration.
Alvin Bragg should indict Eric Adams
2025-03-20 12:05:23 +0000 UTCI'm sorry you have to deal with this at all. From everything I'm seeing people are having their passports taken from them and the government is refusing to reissue them in any gender. It's horrendous.
Kaetrin Allen
2025-03-20 05:41:27 +0000 UTCEverything immigration and in particular, can a US Judge order the return of any (or all) of the people in the El Salvadoran prison? Is that even possible? I saw an interview on MSNBC and a thread by the lawyer of one man who sought asylum via the US-mandated appropriate channels. He's gay, an artist, has never been in prison or had any trouble with the law before. He was detained because he had tattoos and apparently to ICE any tattoos mean you must be in TdA (if you're from Venezuela at least). He passed his initial assessment for asylum but was detained because of the tattoos. Now he's been moved to the prison/slave labour camp in El Salvador. He missed his immigration court hearing (of course) which is the only reason his lawyers know he's even in El Salvador. The government said they will not assist his lawyers get in contact with him. There are no removal orders. The judge has adjourned the hearing. But, practically, is there anything that can be done?
Kaetrin Allen
2025-03-20 05:40:01 +0000 UTCThe shortest answer: probably not.
Katie Herrmann
2025-03-20 04:26:40 +0000 UTCI saw Judge Reyes (who ruled on the trans military ban) speak on a panel a week or two ago. She does not suffer fools, and would be a tough judge to be in front of, for any lawyer, imo. Very happy to see the outcome/her opinion on this.
Katie Herrmann
2025-03-20 04:23:01 +0000 UTCThis. And also: what, realistically, happens to the people deported to El Salvador now? Regardless of whether the gov attys involved are sanctioned, what is the best case scenario for the people whose rights have been violated?
Katie Herrmann
2025-03-20 04:17:59 +0000 UTCGovernment attorneys get a hell of a lot of leeway. I think Judge Boasberg is humoring them to some extent to limit the arguments available to them on appeal.
Katie Herrmann
2025-03-20 04:15:31 +0000 UTCCould those wrongly deported or anyone else wronged by this regime sue the government for money damages?
James Ito
2025-03-20 03:57:44 +0000 UTCSpecific Questions: 1) Is it normal for the district court to enjoin the government from removing noncitizens in a case like this, particularly when there is a reasonable claim that the method of removal is unlawful? 2) Does the assurances from the ICE field office director Robert Cerna stating that “agency personnel carefully vetted each individual alien to ensure they were in fact members of TdA” mean anything? Especially with the line regarding people without criminal records as being “terrorists with regard to whom we lack a complete profile”! 3) Does 50 U.S.C. § 23 require some sort of hearing before a court prior to removal under the AEA? 4) Is Tren de Aragua (TdA) intricately intertwined with the Maduro regime and if so, is this proclamation insinuating a state of war with Venezuela? 5) Does the government have to provide friends and family notice that their loved one has been removed from the United States and where they were sent? 6) Do federal courts lack jurisdiction to review a Presidents proclamation under the AEA? 7) Can the people imprisoned in El Salvador file habeas petitions in the U.S.? 8) What happens when the 1-year agreement for detention in El Salvador expires?
Shad Riley
2025-03-20 02:22:01 +0000 UTCThe answer to the question: Is there a faster way to get on a judges bad side than whatever DoJ did in front of Bosaberg? Im not lawyer, but it seems like they've made themselves fools in front of the judge.
Wishing every Elon Musk a very God rest his soul
2025-03-20 01:47:40 +0000 UTCAlien enemies act. There’s really nothing else that feels as big in my mind right now
cephander
2025-03-20 01:39:23 +0000 UTCMaybe not a RRF thing but a segment on what, in theory, is supposed to happen when the government ignores a court order. What is envisaged by the constitution, what's happened in the past (if there's ever been something similar) and what do we think could happen now. Can a judge just round up a bunch of people and form a posse? Do they use US Marshals? What role does the DoJ have etc. What's supposed to happen. What's happened in the past. What is likely to happen now or at least what options are available.
Make Orwell Fiction Again
2025-03-20 01:19:58 +0000 UTCThe judges are ruling against him saying that we have to say all the jobs at USAID AND MORE so when he eventually inevitably refuses what then are we in a constitutional crisis I mean like he's already defied one massive court order and did judicial is the weakest of the three branches of government so is that it?
NSaneAtheist
2025-03-20 00:44:56 +0000 UTCAlien Enemies Act
Shad Riley
2025-03-20 00:18:58 +0000 UTC#not legal advice of course, but I'd appreciate a sanity check on how paranoid I should be about trying to use my US passport as a trans person. It's got my current legal name and gender rather than my birth ones, and I'm not sure if CBP could just decide it's fraudulent considering they've similarly just decided that green cards and visas aren't real legal documents and they can torture and disappear people with those when they re-enter the country.
Wren
2025-03-20 00:14:50 +0000 UTCTN attack on transgender folk and if Matt will be available to represent the west coast ones if relocated to the East coast.
Jensie Jaye Hudson
2025-03-20 00:13:49 +0000 UTCCan we get an update on the Smartmatic lawsuits? Is Fox actually heading to trial? What arguments have both sides tried/won/lost to date? And what details do we know about the $40m Newsmax settlement?
Motions in Charged Liminade
2025-03-20 00:07:59 +0000 UTChttps://bsky.app/profile/marisakabas.bsky.social/post/3lkqyjeozok2x So USIP, as far as I can tell, is manned by government employees who cannot be fired by the President. DOGE got in anyways and a judge is ruling against sending in the cops to remove DOGE while they sort out the legal issues because there is a worry about "an armed standoff" and the cops siding with DOGE. Or at least, that's the analysis I'm reading. What's actually going on here?
Alex Dunn
2025-03-20 00:07:14 +0000 UTCI think we need a "The Courts Strike Back" episode going over the multiple court ruling against Trump (Mahmoud Khalil, transgender military ban, US Aid, etc.)
YakkoWarner
2025-03-20 00:04:01 +0000 UTCVA employees are suing the Sec of VA for being inappropriately targeted as DEI. I’d love to hear Matt’s ( and Thomas’) thoughts about the case. https://storage.courtlistener.com/recap/gov.uscourts.dcd.278430/gov.uscourts.dcd.278430.1.0.pdf
Fireball Old Fashioneds
2025-03-20 00:02:49 +0000 UTCUS court urged to exclude testimony from Australian police in relation to a shooting that occurred in Australia but was possibly egged on by the person on trial in the US. I think the US lawyer might have a point but interested in a professional's opinion https://www.abc.net.au/news/2025-03-06/donald-day-wieambilla-shooting-court-motion-arizona/105017706
Make Orwell Fiction Again
2025-03-20 00:00:52 +0000 UTCAnother one. Federal government debits NYC's bank account for $80.5M in clawback of FEMA funds allocated to house refugees https://www.rollingstone.com/politics/politics-features/trump-musk-doge-treasury-take-money-bank-account-1235295232/?fbclid=IwY2xjawJINtJleHRuA2FlbQIxMAABHerFShGQhRvKSUyYCHqmnr-3Po8wNZoeJZTwdyit1XclBQMF2OvQJM5T8A_aem_WJSin3CyfGYAgHdh_Bl_ow
Make Orwell Fiction Again
2025-03-19 23:56:09 +0000 UTCThis seems like a good candidate. Greenpeace must pay at least $660m over Dakota pipeline protests, says jury https://www.theguardian.com/us-news/2025/mar/19/greenpeace-lawsuit-energy-transfer-dakota-pipeline?CMP=soc_567&fbclid=IwY2xjawJIOBlleHRuA2FlbQIxMQABHTmqqs0RKBEgktR0qjS5ac9H1sohKHLxJa71VTtMuWAMslDN4MR5zKjgjA_aem_a5JtMmu5Fme7ECJ6TwIUDA
Make Orwell Fiction Again
2025-03-19 23:54:02 +0000 UTCI’m reading a thread right now about how federal judges could order federal marshals to enforce a ruling, but marshals could be told to ignore the order by the DoJ, in which case a judge can deputize whoever they want to do it. I’m not a law talker so I don’t really know anything about this or if it could even work should they keep ignoring orders. But I’d like to know about it.
Return of the Jedi requires a Receipt of the Jedi
2025-03-19 23:53:35 +0000 UTC
