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Sam

@samkesq.bsky.social

I do various lawyerings, mostly bird law

38 Followers  |  95 Following  |  11 Posts  |  Joined: 15.08.2023
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ORDER
On March 18, 2025, the Court ordered Defendants to provide by noon the following day
specific information regarding flights carrying individuals subject to the Court's Temporary
Restraining Orders issued three days before. See Minute Order of 3/18/25. Defendants instead filed a pleading shortly before the deadline seeking to stay the Order in large part on the ground that they were considering whether to invoke the state-secrets privilege. See ECF No. 37 (Stay
Motion) at 3-4. Although skeptical of the applicability of such privilege, the Court granted Defendants another 24 hours either to release the information ordered or to invoke the privilege.
See ECF No. 38 (Order).
In an ex parte pleading delivered shortly after today's deadline, the Government again
evaded its obligations. It submitted a six-paragraph declaration from the Acting Field Office
Director for Enforcement and Removal Operations at U.S. Immigration and Customs Enforcement's Harlingen, Texas, Field Office, the contents of which the Government has informed the Court may be disclosed. After four paragraphs of identifying information, he

ORDER On March 18, 2025, the Court ordered Defendants to provide by noon the following day specific information regarding flights carrying individuals subject to the Court's Temporary Restraining Orders issued three days before. See Minute Order of 3/18/25. Defendants instead filed a pleading shortly before the deadline seeking to stay the Order in large part on the ground that they were considering whether to invoke the state-secrets privilege. See ECF No. 37 (Stay Motion) at 3-4. Although skeptical of the applicability of such privilege, the Court granted Defendants another 24 hours either to release the information ordered or to invoke the privilege. See ECF No. 38 (Order). In an ex parte pleading delivered shortly after today's deadline, the Government again evaded its obligations. It submitted a six-paragraph declaration from the Acting Field Office Director for Enforcement and Removal Operations at U.S. Immigration and Customs Enforcement's Harlingen, Texas, Field Office, the contents of which the Government has informed the Court may be disclosed. After four paragraphs of identifying information, he

repeated the same general information about the flights: "On March 15, 2025, two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court's minute
order of 7:25 PM EDT, and before the Court's oral statements during the hearing." Decl. of Robert L. Cerna, I 5. He then stated, "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested
by the Court's order. Doing so is a serious matter that requires careful consideration of national
security and foreign relations, and it cannot properly be undertaken in just 24 hours." Id., 16 (emphasis added).
This is woefully insufficient. To begin, the Government cannot proffer a regional ICE
official to attest to Cabinet-level discussions of the state-secrets privilege; indeed, his declaration
on that point, not surprisingly, is based solely on his unsubstantiated "understand[ing]."
Although its skepticism concerning the suitability of such privilege expressed in yesterday's
Order remains, the Court at a minimum requires an official with direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests. It further
expects such deliberations to be concluded by March 25, 2025, which only exceedingly good
cause may excuse.
In addition, to avoid further delay, the Court will require Defendants to show cause on
the facts that they have already disclosed as to why the failure to return the class members
aboard the two earliest planes did not violate the Court's Temporary Restraining Orders. Further supplementation may be required once particulars are ultimately disclosed.
The Court, accordingly, ORDERS that:

repeated the same general information about the flights: "On March 15, 2025, two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court's minute order of 7:25 PM EDT, and before the Court's oral statements during the hearing." Decl. of Robert L. Cerna, I 5. He then stated, "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be undertaken in just 24 hours." Id., 16 (emphasis added). This is woefully insufficient. To begin, the Government cannot proffer a regional ICE official to attest to Cabinet-level discussions of the state-secrets privilege; indeed, his declaration on that point, not surprisingly, is based solely on his unsubstantiated "understand[ing]." Although its skepticism concerning the suitability of such privilege expressed in yesterday's Order remains, the Court at a minimum requires an official with direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests. It further expects such deliberations to be concluded by March 25, 2025, which only exceedingly good cause may excuse. In addition, to avoid further delay, the Court will require Defendants to show cause on the facts that they have already disclosed as to why the failure to return the class members aboard the two earliest planes did not violate the Court's Temporary Restraining Orders. Further supplementation may be required once particulars are ultimately disclosed. The Court, accordingly, ORDERS that:

1. By March 21, 2025, at 10:00 a.m., Defendants shall submit a sworn declaration by a person with direct involvement in the Cabinet-level discussions regarding invocation
of the state-secrets privilege;
2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not the Government is invoking the privilege;
3. By March 25, 2025, Defendants shall file a brief showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025; and
4. Plaintiffs may file any response to such brief by March 31, 2025.
Is/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge

1. By March 21, 2025, at 10:00 a.m., Defendants shall submit a sworn declaration by a person with direct involvement in the Cabinet-level discussions regarding invocation of the state-secrets privilege; 2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not the Government is invoking the privilege; 3. By March 25, 2025, Defendants shall file a brief showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025; and 4. Plaintiffs may file any response to such brief by March 31, 2025. Is/ James E. Boasberg JAMES E. BOASBERG United States District Judge

NEW: Judge Boasberg issues a show-cause order (precedes contempt sanctions) on why he shouldn't find that the gov't defied his orders.

"In an ex parte pleading delivered shortly after today’s deadline, the Government again evaded its obligations." storage.courtlistener.com/recap/gov.us...

20.03.2025 20:04 β€” πŸ‘ 8564    πŸ” 2374    πŸ’¬ 84    πŸ“Œ 170

biggest cheers in the crowd thus far was bernie saying that netenyahu’s murderous regime must not get another nickel from the us

20.03.2025 21:19 β€” πŸ‘ 517    πŸ” 32    πŸ’¬ 5    πŸ“Œ 1

the highest authority in american jurisprudence is the constitution

followed by congressional statutes

followed by the various tafsir on the constitution by qualified qadis and muftis

followed by the hadith about the words and deeds of the companions of george washington (federalist papers, e.g.)

19.02.2025 20:34 β€” πŸ‘ 38    πŸ” 3    πŸ’¬ 3    πŸ“Œ 1

Thanks trump

22.01.2025 20:02 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Lol i missed nunez’s second goal

18.01.2025 18:11 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Tax private firefighters and use that money to expand public firefighting

18.01.2025 18:09 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

The contents of Pete Hegseth's FBI background check are known to one Democrat, Senator Jack Reed, who hasn't provided any of it to the press. Guess we'll see where his loyalties lie: decorum or the public's right to know

14.01.2025 01:35 β€” πŸ‘ 777    πŸ” 94    πŸ’¬ 20    πŸ“Œ 5
Post image

the feds: stop trying to turn this guy into some cool antihero with a badass public image

also the feds: *treat him like they’ve captured the joker*

19.12.2024 19:20 β€” πŸ‘ 50994    πŸ” 9818    πŸ’¬ 1322    πŸ“Œ 782

Media people if you don't send me the manifesto, Newsmax or someone like that is going to be the one to break it and I'm guessing you hate them more. Deny them the scoop by sending it to me: 202-510-1268

10.12.2024 03:25 β€” πŸ‘ 774    πŸ” 54    πŸ’¬ 4    πŸ“Œ 1

The West Bank is under Israeli military rule, and Palestinians there are subject to military law, whereas Israeli settlers right next door benefit from the due process protections of Israeli law. This is literally separate and unequal.

25.11.2024 02:46 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

You can get a 5 bed 4 bath 4 blocks from the state capitol for like $450k

22.11.2024 07:27 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Vincent D'Onofrio &
@vincentdonofrio
Pigs can't look up. But I could pick a pig up one night and raise it into the sky and tilt this pig ever so gentle. I can make sure
this pigs eyes line up with the stars. Imagine seeing the stars 4the first time.l want 2b treated that kindly and
see the stars for the first time.

Vincent D'Onofrio & @vincentdonofrio Pigs can't look up. But I could pick a pig up one night and raise it into the sky and tilt this pig ever so gentle. I can make sure this pigs eyes line up with the stars. Imagine seeing the stars 4the first time.l want 2b treated that kindly and see the stars for the first time.

I feel like this was the greatest celebrity post of all time because you initially want to make fun of it because we’re all irony poisoned jerks but the sheer scale of human compassion overwhelms it and you end up going yes Vincent I also want to help a pig see the stars for the first time

21.11.2024 04:15 β€” πŸ‘ 33725    πŸ” 5529    πŸ’¬ 446    πŸ“Œ 311

So you’re justifying segregation and apartheid as β€œrealism”, got it.

You’re fascism is showing

22.11.2024 02:08 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Segregation and apartheid are not liberal

21.11.2024 23:31 β€” πŸ‘ 5    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Werk

19.11.2024 23:49 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Post image

Hey look it’s my Rep Max Frost doing the work Jeffries is too cowardly to do

19.11.2024 21:13 β€” πŸ‘ 779    πŸ” 167    πŸ’¬ 26    πŸ“Œ 7

Every progressive voice needs to be dragging centrist dems for filth. They ran the campaign exactly the way they wanted and lost huge.

16.11.2024 15:56 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Why didn’t *I* get an illuminati invite?!?

16.11.2024 15:54 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

American boxing is massively exploitative and dominated by promoters rather than the fighters. Clownshow fights demonstrate that there’s no integrity or even β€œsport”.

16.11.2024 15:53 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

The macro conditions matter. Sometimes you run the best possible campaign and still come up short.

But in a sea of hot takes, we should be prioritizing listening to leaders who had a solid ship. We still may have disagreements, but at least we know their operation was solid & come from that place

12.11.2024 19:46 β€” πŸ‘ 5011    πŸ” 274    πŸ’¬ 99    πŸ“Œ 11

I wish people were made to show receipts of their operations before casting blame.

How many doors did your team knock this cycle? This should be asked more.

Also a LOT of consultants get rich off Dem campaigns win/lose so there’s a huge financial incentive to blame others so they stay on payroll

12.11.2024 19:29 β€” πŸ‘ 6439    πŸ” 418    πŸ’¬ 122    πŸ“Œ 31

I’m one of the few Dems in NYC who even RUNS a general election campaign, and the only one who ran a robust field op. We ran ahead of top of the ticket.

Excellence matters. A lot of folks w/ poor campaign fundamentals are now blaming β€œwokism” but haven’t held a town hall or knocked a door all cycle

12.11.2024 19:21 β€” πŸ‘ 6687    πŸ” 550    πŸ’¬ 114    πŸ“Œ 34

The ironic thing about post election chatter is that a lot of the time it’s candidates who lost, underperformed, or underworked who have endless time to go on TV and share their blame story.

And for their part, journalists rarely EVER ask if that person actually ran a functionally solid campaign

12.11.2024 19:11 β€” πŸ‘ 15978    πŸ” 1379    πŸ’¬ 399    πŸ“Œ 134