The only reason you don't file the status report is if you want to avoid outright lying to the judge and your client agency is fucking up badly.
The only reason you don't file the status report is if you want to avoid outright lying to the judge and your client agency is fucking up badly.
actually impressive given how casual ensign has been with the truth
Bingo.
Like "they already sent them" badly or "they're still on the tarmac" badly.
I feel like the later could simply be explained (see linked skeet). So I fear the former. And maybe even worse: what if they sent them *after* the judge's TRO? bsky.app/profile/gabr...
DOJ has filed its tardy status report in L.G.M.L. Says all the children have been deplaned and "are in the process of being returned to ORR custody." THEY CLAIM NOT TO HAVE BEEN AWARE OF THE COURT'S ORDER FOR A STATUS REPORT BY 4pm. storage.courtlistener.com/recap/gov.us...
Is that a plausible excuse? Even though he didn't make an appearance, I can't imagine some staff attorney wasn't keeping an eye on the docket
I’d be mortified if judges began to pointedly pause hearings to ask if I had yet filed a notice of appearance and instructing me to do so on the spot if I had not - then again, I don’t have Ensign’s sense of professional responsibility.
didnt she verbally say it aloud in court
Strictly speaking, no. What she said verbally was to file a status report when the kids were back in ORR custody, and didn't set a time on that - Ensign's representation was they weren't back but were going to be back later today, so by that understanding not filing a status report is reasonable.
This is like saying you don’t have a fishing license because you didn’t know you needed one.
Ehhh, I sorta wonder if ORR lacked the capacity to take them back and they're scrambling to find people over the holiday weekend. That's just speculation, though, and it's easily explicable to the judge, so doesn't explain the lack of a status update.
CNN reported that at least one plane turned around, so there's that. Wonder if others didn't turn around, or if that was the first plane out, or others also turned around but it wasn't reported, or what...
the issue is that, hours later, the kids were still on the planes
Most likely explanation, and most infuriating
"SECOND STATUS REPORT Defendants hereby provide notice that the return of the minor putative class members is partially complete and is expected to be completed by approximately 10:30pm. " 1/2
"Of the putative class members at issue: -16 have been returned to ORR custody; -56 are expected to be returned to ORR custody in the next hour; and -4 are expected to be returned to ORR custody by approximately 10:30pm" 2/2
Source: storage.courtlistener.com/recap/gov.us...
if they ignored the order, what can the judge do as a recourse? Who can they put out a warrant for?