I won’t spend much (any) time dissecting what scant legal argument / analysis may actually be offered in these two filings, tonight — other than to say… most charitably… Ms. Fabian is being… pedantic (again). Here is one (on Title 42); and here is the other, a more general opposition/objection.
And she is — as ever — wrong, on the law.
Underneath all of that, though… is the unmistakable fact that these are… children. In most cases, isolated, vulnerable and very young… children. Most do not speak the language the government agents speak — and these children are… in government custody (jail, effectively).
To read Ms. Fabian, one might think each of them is a hardened criminal, a high-value drug cartel detainee (perhaps), with a history of murders and mayhem, in their personal wake.
As I argued before — Ms. Fabian is now subject to bar discipline in DC, for failing her duties as an officer of the court — as to the safety and welfare of these children (in my experienced opinion), under California and federal law.
I. Am. Done. With. This. “Machinery of Death…”… to borrow a phrase.
And yes, I am now (based on the copious prior evidence, in multiple trial and appellate open court hearings) firmly of the opinion that she is… what HRC called a quintessential “deplorable“.
Powerline Lies... 