It is a bedrock principle of federal law that a sophisticated party — here, the US government, in the person of a senior commanding officer of ICE/BP — cannot appeal, as error, or “abuse of judicial discretion” any deal it makes willingly, in open court, on the stand — under oath.
So, Condor’s take is that this appeal is a dead letter, but the Noemites filed it anyway, late today. Here’s a bit of the 21 pages of Bovino nonsense:
…That obligation starts today, i.e., within a few hours of this filing. That extraordinary and extraordinarily burdensome order — entered without any formal finding that the government failed to comply with prior court orders — constitutes a clear abuse of discretion and violates the separation of powers. Mandamus is the government’s only available relief….
[T]he daily appearance of Chief Bovino in open court an [sic; missing words here, in their haste — probably should be “is an inappropriate“] appropriate response to what plaintiffs assert are alleged violations of the court’s TRO. District courts have a variety of mechanisms available to ensure compliance with their orders. That includes, ultimately, the threat of contempt proceedings…. [Condor’s Observation: Cool. Hilarious — yes, let’s go ahead with contempt. That results in his… jailing. Bring it on, sez me!]
This is a complete farce by Bovino / Noem. Cra-cra… crazy. But onward, just the same.
Update — a seven day administrative stay, for a review (of only the daily reporting provision), was ordered at 4:05 pm today. [There will likely be a seven day waiting period, while the Seventh Cir. looks the papers over — and hears from USDC Judge Ellis, now. But his depo is up tomorrow morning, no matter what. Buckle up, buttercup.]
नमस्ते
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