... but if it doesn't hear anything back by 12pm ET tomorrow (3/11), it will treat that as a denial and seek some sort of expeditious relief from the DC Circuit.
/6-end
Judge Lin also asked about what was going on with the other case before the DC Circuit. Mongon explained that that one, relating to a sanction invoked under 41 USC 4713, requires channeling to that court on an administrative record. Anthropic has sought a stay from the Dept of War [Defense] ...
/5
Atty Mongon (for Antrhopic) said he would agree to a later date if DOJ would agree not take further steps but DOJ atty James Harlow said he was "not prepared to offer any commitment on that issue." ...
/4
said that a fintech company cut a contract from $10M to $5M and that universities & business-to-business companies have switched providers. Said govt is affirmatively reaching out to their customers & urging them to stop working with Anthropic. They fear an executive order may target them ...
/3
Atty Michael Mongan (WilmerHale) for Anthropic said they feared invocation of the Defense Production Act to "commandeer our technology" and threats of criminal consequences. Said that more than 100 enterprise customers had already expressed doubts about continuing using them ...
/2
The status conference in the Anthropic case in ND Calif just ended. Judge Rita Lin set a preliminary injunction hearing for 3/24 at 1:30pm PT. DOJ wanted later, but would not commit to not taking additional onerous actions against Anthropic before then ...
/1
Judge Sykes' ruling will no longer have effect outside the Central District of Calif. That means many noncitizen detainees will be *entitled* to a bond hearing in CDCal, but the issue remains unclear everywhere else except in the Fifth Circuit, where the USCA5 accepted Trump's theory.
2/2-end
Okay, I deleted a post for lack of clarity and am trying again in a two-part post.
The USCA9 has administratively stayed Judge Sykes's controversial nationwide declaratory judgment, in which she rejected the Trump Adm's theory for mandatory immigration detention. As a result of the stay, ...
1/2
Correction: only first letter to Chief Judge was "ex parte." But she'd told him first time not to contact her further by letter. ("Ex parte" means without notifying opposing counsel.)
The DC Bar charges against Ed Martin are very Ed Martin-y. After DCBar starts inquiry, Martin writes Chief Judge of DC Court of Appeals 3x ex parte—twice after being warned not to—& demands that DCBar counsel be suspended—triggering additional charges.
www.documentcloud.org/documents/27...
DC Bar disciplinary counsel files ethics charges vs. former interim US Atty Ed Martin over letter he sent Georgetown Law vowing not to hire its students to punish it for teaching & promoting DEI. Per @sarahnlynch.bsky.social.
www.cbsnews.com/news/doj-ed-...
Govt has appealed Judge Boasberg’s order that the govt hear any of these petitions, maintaining that he has no jurisdiction. Its arguments are here, in its latest filing, a motion to stay proceedings pending appeal.
3/3
storage.courtlistener.com/recap/gov.us...
Latest @aclu.org filing below:
2/3
storage.courtlistener.com/recap/gov.us...
.@aclu.org has reached 90 of the ~137 Venezuelans sent to CECOT under the Alien Enemies Act, then prisoner-swapped to VZ. 90 of 91 want to challenge their Tren de Aragua designation: 22 by coming back to USA (tho they’ll be detained) & 68 in written petitions.
1/3
Judge Eric Tostrud (Trump apptee) issues remarkable ruling in MN. Finds “compelling & troubling” evidence that DHS had policy of illegally stopping people based solely on race or ethnicity & of arresting without probable cause. But denies relief ...
1/2
storage.courtlistener.com/recap/gov.us...
Finds that @aclu.org showed 23 instances of unconstitutional stops from mid-Dec to mid-Jan, including 11 people who were unconstitutionally arrested. But petitioners can’t show it will happen again, so can’t show standing or irreparable harm, esp in light of drawdown of Operation Metro Surge.
2/2
Judge Eric Tostrud (Trump apptee) issues remarkable ruling in MN. Finds “compelling & troubling” evidence that DHS had policy of illegally stopping people based solely on race or ethnicity & of arresting without probable cause. But denies relief ...
1/2
storage.courtlistener.com/recap/gov.us...
The work of the USAO-NJ is simply too important to continue throwing novel leadership plans at the wall to see what will stick. Compromise is part of the system, and I implore the Government to take that approach. If it does not, it is on notice that a third attempt at unilateral office- filling will be met with extremely strict scrutiny, and any deficiency in its method will be taken as bad faith and result in dismissal of cases at any stage
😬
the long-suffering Judge Matthew Brann has issued a ruling invalidating the "triumvirate" system developed by DOJ to govern the US Attorney's Office for the District of NJ following Alina Habba's departure: storage.courtlistener.com/recap/gov.us...
Here's my deep dive on the 5-year mark of Jan 6 -- The ongoing impact on victims, the lies ... and the continued malignant corrosion of democracy As aired on..... The BBC
All one needs to know about why Scott MacFarlane -- one the of the network's most high-profile and respected correspondents -- left CBS News is spelled out in this tweet of his in January, where he unsubtly calls out his network for not airing his J6 deep-dive report.
It aired, instead, on the BBC.
upsetting report from @macfarlanenews.bsky.social on another platform several hours ago
That’s from the VOA case, Widakuswara v Lake.
storage.courtlistener.com/recap/gov.us...
Judge Lamberth gently calls out DOJ attys for trying to sneak one past him: “Although the Court assumes that this citation was not purposely misleading, [Kari] Lake does not acknowledge the gap between her characterization of [the statute] and its plain text.”
Majority stresses that VZ case had also involved Haitians, but govt only went to SCOTUS vis-a-vis VZ, not Haiti. (Likely a strategic decision, because conditions in Haiti are so horrendous). Argues that if govt saw no urgency then, there’s no urgency now.
3/3-end
The panel split on political lines. Judges Pan & Garcia (both Biden) distinguished 2 prior SCOTUS stays in a TPS case involving Venezuelans. Judge Walker (Trump) dissented. Majority says govt failed to show the “irreparable harm” required for a stay. ...
2/3
Haitians in the US will keep, for now, their Temporary Protected Status (TPS), despite Secy Noem’s attempt to end it. Last night, a split panel of the DC Cir denied a stay of Judge Reyes’s 2/2 order, which blocked Noem’s action as arbitrary. ...
1/3
storage.courtlistener.com/recap/gov.us...
Judge then highlights harms from lost ID, work permits, phones, bank cards, phones: “lost wages & hardships for their family”; “food insecurity”; “inability to ... contact family & loved ones”; “lost jobs”; “terrif[ying]” danger of re-arrest.
4/4-end
US Atty Rosen has committed that claims will be reimbursed. If there is noncompliance, daily civil contempt fines may be imposed, though unclear on whom. ...
3/4
Tunheim orders petitioners’ attys to prepare claims for lost property within 5 days, including resulting lost wages. Orders claims reimbursed in 30 days. DHS must replace lost work permits for free within 5 days. New hearing set for 4/6. ...
2/4
storage.courtlistener.com/recap/gov.us...
Judge Tunheim ruled last night in 6 MN contempt cases, all involving noncitizens who were, he writes, “unlawfully arrested and detained” & then, when ordered released, didn’t get back property “critical to [their] safety & well being.” TL:dr: more proceedings to come. ...
1/4
