[U: Adjourned.] Observations, During Live LA Federal Flores “Children: Impermissible Detention By ICE/DHS/HHS” Hearing…

As I am listening in, I will post snippets here, starting at 2 PM EDT.

But I expect Sarah Fabian’s team to be excoriated, by the able USDC Judge Dolly Gee.

…We are now underway; all counsel of record have checked in, and

∇ Judge Gee is calling the “hoteling issue” first….

∇ Sarah Fabian says it is not on the agenda. Judge Gee disagrees — she says all children in legal custody are part of the Flores settlement. Title 42 or no, they are to be addressed here.

∇ Judge Gee: Expedited briefing on this: August 14 for Plaintiffs; August 21 for government; reply by August 28….

∇ Briefs must include total number of kids, ages and numbers, by age, of these children….

∇ On to juvenile custody conditions: Judge Gee will instruct counsel to meet and confer as to the aging out process….

∇ Judge Gee wants this latest “squandered month” to be explained by Ms. Fabian — and expresses her “dismay” to Sarah Fabian, interjecting that she has been less than proactive about the litigation process….

∇ Judge Gee: “Ms. Fabian, you act like you don’t understand how litigation works” — “This is not your first rodeo — I may now impose a remedy against the Government…”

∇ Judge Gee reminds Sarah Fabian of her embarrassing performance — on what is “safe and sanitary conditions“, in ICE detention….

∇ Judge Gee calls Sarah Fabian’s position “disingenuous” — because she is not cooperating any longer in the ORDERED meet and confers. Peter Schey now explains how the Government hasn’t moved forward, to address the provided information — on breach of the settlement….

∇ Judge Gee asks Sarah Fabian why the Government isn’t providing the notices of rights, required under Section 12 of the Flores agreement… Fabian responds that they are trying to work out procedures… Judge Gee says you need to act on those commitments, and provide notices of rights….

∇ Judge Gee is now summarizing the various filings the Government owes the court by August 14….

∇ Judge Gee says she cannot understand how any lawyer can have a problem (meaning Sarah Fabian) with written advisals of legal rights…. [Ed. Note: I suspect Judge Gee is going to order it, now specifically.]

∇ Judge Gee orders the ACLU, by August 14, 2020 — to offer a list of proposed remedies against Team Trump, for the failures mentioned above.

Onward — but if I were Ms. Sarah Fabian, I’d be deeply embarrassed — and worried, now — to have to explain to any potential future employer (after her time under Trump ends), asking about these on the record positions, about children being tortured in solitary confinement…. Astonishing.

नमस्ते