This Is… Deeply Puzzling: The Chief USDC Judge Alia Moses, In Del Rio, Texas… Just Entered A SEALED TRO Order?! WTAH?!

Again… it has been plain for nearly a century in the federal courts… that the orders of the courts are “judicial documents” — and absent a specific written explanation from a USDC Judge on the record, in real time, the people (and press) have a unassailable First Amendment right to CONTEMPORANEOUS access to the public court’s documents and proceedings. [See the lower right portion of the revised graphic — and read this backgrounder, from yesterday.]

So… even IF Judge Moses (nonsensically) feels that “letting the world know” that CBP may now resume cutting the land-based razor wire barriers placed lawlessly by the State of Texas, around Eagles Pass… is somehow a national security matter… she must enter a completely on the record order, with her specific findings based on competent evidence offered, and detailing her reasoning — in sealing such a lifting of any TRO (if she has, in fact — as the law would require, ended her temporary halt to cutting the wire barriers, when CBP feels — in its discretion — it is needed, to protect human life and safety).

In point of fact, her TRO will expire by its own previously-public terms at midnight, on this Wednesday night — tomorrow night.

That said, we are — as a nation — entitled to know either (i) why she sealed document 51, or (ii) we are entitled to see document 51, entered this morning in case number 23-cv-055 (USDC WDTX), right now.

Just what sort of a kangaroo joint is she running down, in Del Rio, folks?

[And if I’m right about what she’s ordered, on a sealed basis — the Biden Administration will be in the Fifth Circuit, by tomorrow, seeking emergency review from that court.] This just cannot be allowed to stand; like USDC Judge Tipton before her, it seems these Tangerine Texas judges see Texas as a nation of its own, unbound by federal law.

In the mean time, I’ll ring up the Austin Statesman, in the morning [if (i) or (ii) hasn’t appeared by then] and have the court beat reporters drop in down there, for a chin-waggle. On the record, with lawyers from Davis, Wright Tremaine on a cell call… yet this week. Heh. Now you know.

नमस्ते