Plaintiffs: No. Possible some children might be in that situation, but everything we could find on short notice is children not in this situation. Judge: Mr. Ensign you saying that *all* these children have parents who are requesting their return to Guatemala? DOJ: That's what I've been told
I love that the Judge isn’t taking Ensign’s hyperbolic BS at face value.
Judge: And from plaintiffs' situation, you don't think that's true? Plaintiffs: Your honor, we know that's not true. Named plaintiff isn't in that situation. And even if someone were in this situation, wouldn't negate requirement of appearing before immigration judge.
Judge: Mr. Ensign, are you saying this reunification provision overrides requirements? DOJ: Not overrides, but distinct provision with own process Judge: You think protections are inapplicable? DOJ: Yes, don't prevent children's reunification with parents
Judge: I have declarations contrary to what you're saying today. How do I resolve those? DOJ: Sounds like needs to be resolved through briefing Judge: OK, schedule? DOJ: File brief on Friday Judge: I was thinking earlier, but if that's the time you need ...
Judge: You won't be able to remove any of these children before we finish this briefing DOJ: We understand Judge: Plaintiffs, how long do you need for response? Plaintiffs: If they file on Friday, we can reply Monday
please accept my thanks yet again for your invaluable service on these transcripts, allowing us to see how officers of the court - indeed attorneys funded with our tax dollars - robustly and expertly pursue craven goals in the service of a morally bankrupt administration.
(Judge setting expedited schedule for accelerated preliminary injunction briefing)
Judge: I don't want there to be any ambiguity in what I'm ordering or what the govt is expected to do. Plaintiffs: Because of multiple misunderstandings that have resulted in irreparable harm, I would like to extend hearing until children have been removed from plane.
Judge: Let's recess and let Mr. Ensign find out the situation with children on planes and whether they plan to deplane and return to custody and if so when, so we can get status reports DOJ: OK, I'll try to find out, and again, the planes will not be leaving
We're back! Judge: All right, Mr. Ensign, do you have an update for me? DOJ: Yes, I've spoken with HHS and confirmed that plan is to deplane the children and return them to ORR custody during TRO Judge: OK. Will you file a status report on the docket to confirm when that's happened? DOJ: Yes
Oh gosh, I just watched Errol Morris's "Separated" last night. All these initials... it's deja vu, but much worse.
Judge: During recess, I read provision you cited and then the complaint. Every one of 10 named plaintiffs says they are *afraid* of being sent back to Guatemala. (Reads aloud from declarations.) Doesn't line up with what govt is saying. This is why we have courts.
“This is why we have courts.”
Judge: My understanding is we have two paths. One is removal, the other is voluntary departure. Protections are recognition of the fact that this population is incredibly vulnerable. And I don't see anything in what you're saying to me that overrides those protections.
"this is why we have courts"
If only we had consequences for DOJ lawyers filing false statements in federal court.
“The plan”? Keep that bastard in the room until it’s done. Risky to do any less, at this point.
@joshuajfriedman.com Are your kids now living on the planes for days?
@joshuajfriedman.com The Govt being potty trained, seemingly already somewhat successfully
Just watch them try to leave the kids shackled, on the plane, for a week.
I'm expecting some sort of "gee your honor there was confusion and some planes took off"
Holy fuck holy fuuuuuuuuuuuuck Thank you for this but daaaaaaamn.
Well, so much for Presumption of Regularity, I guess? "We're going to stay in this hearing until the kids are off the plane" sure feels like it sends a message. About time, too. Well done, Judge.
Judge who now?
bsky.app/profile/shua...
Sounds like they need an actual order to get the kids off of the planes.
Yeah, we've played this game before.
This is so fucked up I have no words…
Not by briefing. Those disputes are supposed to be resolved by live testimony, subject to cross examination, impeachment, & findings of credibility.
I’m going to assume that the government won’t be providing any proof that “all the parents” made formal requests for their kids to return
So the DOJ (and maybe Ensign specifically more so) is clearly viewed by the district court level judiciary as completely dishonest and untrustworthy.
Convenient for him
“That’s what I’ve been told.” “Many people are saying.” Typical Trump admin BS.
I wish just ONE of these judges would hold the DOJ to a yes or no answer
"That's what I've been told." And that is the extent of my integrity or honor. Just a functionary following orders.
"That's what I've been told" So much confidence in that statement.
Ensign: I’ve been told the sky is yellow with blue and green polka dots. I’ve been told by my superiors not to look out a window. That is what I’ve been told. May I sit down your Honor? My candles hurt
*cankles Geesch, you would think auto correct would know the word.
U.S. is world’s largest human trafficking cartel.
“That’s what I’ve been told” seems lawyer speak for - it’s a lie but I can’t say that in court or the case will be lost & maybe me too.
Based on everything, safer to go with presumption of irregularity.