#Boasberg now asks Lee Gelernt of the #ACLU is there are any other questions that should be asked, & asks him if he objects to the timing of a hearing tomorrow at noon to explain why they won't tell him the information.

Lee says "we're getting very close" to a #ConstitutionalCrisis.

the audio is unclear Lee's comments aren’t all relayed. He says it appears there is an admission that there may have been a flight which left after the order? the third flight?

#law #Constitution #Trump

#Boasberg’s questions for #DOJ:

1. How many planes departed the US at any time on Saturday carrying any people being deported solely on the basis of the proclamation?

2. How many people in that category were on those planes?

3. What foreign countries did those planes land in?

4. What time did the planes leave the US?

5. What time did they enter foreign airspace?

6. What time did they land?

7. What time were those individuals transferred into foreign custody?

#law #Constitution #Trump

#Boasberg cites case law that the govt is required to provide a clear reason before refusing to provide him classified or national security info.

He asks if the #DOJ can provide in writing tomorrow by noon what their position is communicating the info to him.

Boasberg to the DOJ: "Let me just tell you the questions that I wish you could answer, & that I will be asking you.”

#law #Constitution #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump

#Boasberg points out he gets classified info all the time "Why are you showing up today & not having answers as to why you can't disclose it?”

He points out that if the answers are classified, fine, just tell him.

Boasberg remains incredulous at the fact that the govt won't even tell him why they won't tell him how many flights took off. #DOJ says all he can say is that the flights took off before his order, & he suggests that's not relevant to #compliance.

#law #Constitution #Trump

#Trump, who specifically took aim at the #pardons granted to members of the bipartisan House cmte that investigated the #Jan6, 2021, #insurrection, offered no evidence for his claim, & there is no power in the #Constitution or case #law to undo a #pardon. But Trump’s assertion, which embraced a baseless #FarRight #ConspiracyTheory about #Biden, was a new escalation of his antidemocratic rhetoric.

Handing over leadership in #science and #technology to #China, demolishing the engine that drives US prosperity

And, oh yeah, arrogating the powers of a king in a direct assault on our #democracy, #Constitution, and values

Stay. Focused.

(2/2)

#Amerika
#RedDon
#STEM
#ruleoflaw
#fascism
#impeach47
#deportElon

Asked what was next, #TomHoman said: "Another flight, another flight every day."

"We're not stopping. I don't care what the judges think," he added.

With the #Republican-controlled #Congress largely backing his agenda, federal judges have often been the only constraint on #Trump, putting many actions hold while they consider their legality. In several cases, the admin has refused to comply w/judicial orders.

On Mon, #Trump's border czar, #TomHoman, said the flights were already in international airspace when the judge's orders came & that more flights would continue.

"Once you're outside the border, you know, it is what it is. But they're in international waters, already on the way south, close to landing. You know what? ... We did what we had to do," he told FauxNews…. [The law applied to the admin’s actions who were not in international jurisdiction; idiot.]

The flights suggest the #Trump admin may be growing more brazen in its defiance of judicial restraint. The #US #Constitution established the #judiciary as a co-#equal & #independent branch of government.

Trump has sought to *push* [illegally expand] the boundaries of #ExecutivePower since taking office in Jan, cutting spending authorized by #Congress, dismantling #FederalAgencies & firing tens of thousands of #FederalWorkers.

The hearing was scheduled in response to an overnight filing by the ACLU & other advocates seeking clarity on the flights.

The rapid developments represent a potential escalation in #Trump's challenge to the US #Constitution's system of #ChecksAndBalances & the #independence of the #JudicialBranch of govt.

At an emergency hearing on Sat requested…Boasberg issued a 2wk temporary block on Trump's use of the #AlienEnemiesAct of 1798 to deport 238 alleged members of Tren de Aragua….

The White House asserted Sun that federal courts "have no jurisdiction" over #Trump's authority to expel foreign *enemies* under an 18th-century #law historically used only in wartime.
Judge James Boasberg in Washington set a hearing for 5PM ET (2000 GMT) on Mon & instructed the govt to provide details on whether the flights that transported the #Venezuelans to #ElSalvador took off after his order or were in the air at the time.
#Constitution #14thAmendment #5thAmendment #DueProcess #immigration