Author: condor

As I Guessed — Now Due Tomorrow, By Morning — In Khalil’s Case In Newark…

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As I guessed, this looks like more Noem foot-dragging and the able USDC Judge Farbiarz is having none of it.

Not a week’s delay; only a day — here’s that by a docket text note/order just now:

…TEXT ORDER:

As to the letters due today, the issue they concern was, as noted by the Respondents, raised by the Court on May 2.

Moreover, it is apparent from the Respondents’ May 7 letter that they were already gathering and considering at least some of the relevant materials. The Respondents do not describe the possible scope of the materials, and so they afford the Court only a limited basis for understanding the possible scale of their task.

Against this backdrop, as to the letter due today at 9:30, its scope is narrow and does not seem to implicate any paper files. The Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 9:30am. As to the letter due today at noon, the Respondents shall expeditiously gather information, and provide their response, even if partial, on or before May 9 at 5:00pm.

If either letter provides a partial response, that letter shall include an overall update, that explains what remains to be done as to the relevant task and how much time, in the Respondents’ judgment, it will take to compete the work. As to either letter, if there is a particular case that may be sensitive, the Respondents may make their filing as to that case under seal and explain why sealing is appropriate; if that does not obviate the Respondents’ concerns, they shall explain why, and propose another way forward.

So Ordered by Judge Michael E. Farbiarz on 5/8/2025….

Now you know. These government lawyers act as though they’ve never been before a federal judge before. Damn.

That Crazy Old Coot Hinderaker: Chapter 666.

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Trivially, tonight, Hinderaker would tell us that the only way Germany can survive, is for it to embrace neo Nazism — and the extreme hard right.

That statement is self-refuting.

Germany is a thriving economy and perhaps the most powerful economic force in all of the EU. So putting aside the notion that John has no business telling European nations how to run their internal politics, we have to laugh at his “the sky is falling” / Chicken Little routine.

I’ll spend no more time or pixels on it.

But Hinderaker is very sadly delusional (obviously).

Out.

Noem — After 2 PM Today –Tries To Move The Tomorrow Deadline (Disclosing Prior Cases), To NEXT Wed., In The Khalil/Jena, LA Matter.

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The government is solely responsible for creating its “own sink-hole” here, by arguing (apparently, without basis therefor) at last week’s hearing that the supposed statutory methods [at 8 USC § 1227(a)(4)(C)] used against Mr. Khalil were commonly deployed by both Democratic and Republican administrations, in the past. That seems dubious at best.

Now the government complains that it cannot readily find much evidence for its own “made up” factual assertion (so it begs for a one week delay). I hope the able USDC Judge holds them to tomorrow at noon — or extends it only until this Friday at noon — in Newark:

…[Noem/Tangerine] Respondents (“the Government”) respectfully request an extension of the May 8 deadlines. See ECF No. 231. The Government requests that the two letters be due on Wednesday, May 12 by 11:59pm. The Government makes this request for several reasons, all which establish good cause.

Undersigned counsel conferred with Petitioner’s counsel, who oppose this request. Specifically, Petitioner [Mr. Khalil’s counsel] objects to Respondents’ request for a substantial extension of time, given that he remains in detention and needs to have his petition resolved as expeditiously as possible….

We will update when/if an order is issued. Onward, grinning.

नमस्ते

Here Are All The Upcoming Scheduling Details, On The Press Motion To Unseal Materials In The Abrego Garcia Abduction Matter…

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By this coming Monday, we will now see a pair of no more than 25 page briefs — on the issues presented by unsealing motion from the press.

Do see it all here, but the money quote appears below.

…Lastly, as this litigation proceeds, the Court emphasizes the importance of transparency and adherence to procedural rules governing sealed filings. These standards apply equally to letter submissions and formal briefs.

While provisional sealing was permitted in the early stages of this case to accommodate its expedited nature and to safeguard sensitive information, the parties must now strictly comply with the Court’s Local Rules governing sealed filings.

Under Local Rule 105.11 (D. Md.), any proposed sealed document must be accompanied by a motion to seal. The motion to seal must include: (1) proposed reasons supported by specific factual representations that justify sealing, and (2) an explanation of why alternatives to sealing, such as redaction, would be inadequate. See Sky Angel U.S., LLC v. Discovery Comme’ns, LLC, 28 F. Supp. 3d 465, 488 (D. Md. 2014). These requirements reflect the presumption of public access to judicial records, which may be overcome only with a compelling justification. See Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178, 180 (4th Cir. 1988).

Going forward, any filing submitted under seal without a compliant motion to seal will be stricken….

Now you know — and as expected. Onward.

नमस्ते

Live — From The Courtroom Of USDC Judge Kness, In The Loop… Dismissal Coming, For Fitton?!

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Do watch this space around 12:30 PM EDT.

Should be a banger!

…Waiting now in the courtroom….

The hearing went almost an hour — exactly as expected… And USDC Judge John Kness will rule in a few days in a written opinion. He reserved — not ruling from the bench.

[more, as we get it]…

This nonsense claim of purported reverse discrimination — against whyte people — who never lived here (never paid taxes here; do not have a claim to purely local municipal tax revenues). . . is preposterous, on its face. Be excellent to one another! At right are the city’s very capable Jenner lawyers.

नमस्ते

I Suspect The Able USDC Judge Knows Trump/Noem Cannot Point To Any Other Admin. That Tried This Lawless Khalil Gambit, For Removal…

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So, he has overnight ordered that Tangerine/Noem provide a run-down of all prior uses of this supposed “authority” — since 1975.

It is all due in Newark, by tomorrow at 9:30 AM EDT. I suspect it is a universe of about three or four cases, all under Tangerine 1.0 or 2.0. We will have the PDF of both of the letters, when each arrives tomorrow, thus:

…TEXT ORDER:

The Respondents [Team Trump] shall file a letter on or before 9:30am on May 8 [tomorrow].

It shall list each instance, other than this one, in which federal officials have invoked 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include

(a) a description of the underlying facts of the case, and

(b) a copy of the Secretary of State’s determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form.

In addition, the Respondents shall file a letter on or before noon on May 8.

It shall list each instance, other than this one, in which federal officials have invoked a predecessor statute to 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State’s determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. For the purposes of the second May 8 letter, the Respondents shall focus only on the period from 1975 to the present. The text of all asserted predecessor statutes shall be included in the letter.

The relevant predecessor statutes shall include the statute invoked by the United States in the Massieu case; that statute was then at 8 U.S.C. 1251(a)(4)(C)(i). So Ordered by Judge Michael E. Farbiarz on 5/7/2025….

Hopping a train into the glass canyons in 20 minutes… stay… frosty!

नमस्ते

More Execrable Nonsense From Hinderaker: Eight Years… Stale, Too.

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I’ll just link it — but not give it any more oxygen given that it died over eight years ago…

I just want to make plain that Hinderaker is still whining about stuff that occurred getting on a decade to go now, while ignoring day by day, barbarism from the MAGA crowd, and Trump in particular. Of course any deranged shooter is to be condemned, but I’m having trouble finding John’s condemnation of the more recent far right violence.

I mean specifically… ongoing and near daily threats against specific judges — issued out of the White House — whenever Tangerine
is upset about being told he has to follow the law.

What a putz. Out.

Yes Paul — There Is Far Less To this Story Than You Pretend.

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Yet again, we are treated to some overwrought pearl clutching from Paul… without any evidence that there is anything serious going on here.

This time it involves some young boys, who apparently speaking among themselves, said they were uncomfortable with a person who was born female accessing the boys locker room at school.

If that’s all it is, and apparently there is video of the interaction… this whole thing will be dismissed in a few days.

If on the other hand, the boys were harassing the young woman, then there ought to be a full investigation — and discipline against the group of boys.

All of that said, it seems highly unlikely that a young woman all alone, at age 14 or 15, in a locker room, which is full of boys — and is formally designated as a boys’ locker room… would be capable of, or comfortable with… Harassing the boys. [But that is the leap of faith Paul tries to make… tonight.]

So yes, Paul — there is very likely nothing to your pearl clutching.

Onward — [and I won’t even mention John’s seven or so most recent delusional, cranky old guy rants.]

We Should Very Much Trust The Able USDC Judge Paula Xinis Here — But The Presumption Of Public Access Clearly Applies To this Matter.

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We expect this motion will prevail — and the government will have to explain why Mr. Abrego Garcia — depsite a clear US Supreme Court order — is not yet back in Baltimore.

Here is that fine memo of law — and a bit of it:

…[F]ourteen news organizations that have reported on this case (the “Press Movants”), respectfully move to intervene in this matter for the limited purpose of seeking to unseal certain court records. The eyes of the public and all three branches of government are on this lawsuit: in the weeks since it was filed, the case has already been before the U.S. Supreme Court and the Fourth Circuit (twice), the President has discussed it during a nationally televised interview and on social media, and members of Congress have traveled internationally to meet Plaintiff Kilmar Armando Abrego Garcia and investigate the conditions of his detention. The case raises profound questions of separation of powers, civil liberties, and foreign relations. Such a case requires maximum transparency so that “the public [can] participate in and serve as a check upon” their government. Globe Newspaper Co. v. Super. Ct., 457 U.S. 596, 606 (1982)….

Two weeks ago, however, the parties began filing submissions in this matter under seal — seemingly without requesting or receiving permission from the Court to do so. First, the parties jointly filed a sealed request for a conference with the Court (ECF No. 98). Then, the government filed a sealed motion (ECF No. 101), and Plaintiffs filed a sealed response (ECF No. 102). Finally, last week, the government filed another sealed motion (ECF No. 104), which was denied “[f]or the reasons stated on the record during today’s proceeding” (ECF No. 106), despite no hearing being noticed on the docket or appearing on the Court’s calendar. Moreover, while releasing a hearing transcript after the fact is not an adequate substitute for contemporaneous access, the Press Movants have been told that no public transcript of the hearing is even available.

The docket also skips over one entry (ECF No. 105) entirely, without any indication of what is missing or why. Not a single sealing motion or sealing order appears in the public record. . . .

This unexplained sealing of court records is especially concerning in such a closely watched case, because “[p]eople in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 572 (1980). The Press Movants therefore request that the Court grant their limited request to intervene and promptly unseal these records….

The federal law requires specific written submissions — and an on the record hearing, before the people’s right of full access… may be defeated. It is past time to hold those hearings, and bring Mr. Abrego Garcia home.

Separately, but along those same lines… in “men in black” attire tomorrow, at 11:30 am sharp — I’ll appear in US District Court in Chicago on the 21st floor, to hear oral arguments — on the Evanston reparations ordinance (and Tom Fitton’s preposterous challenge to it). We will live blog anything interesting, from the well.

I do expect a ruling from the bench dismissing Fitton and Judicial Watch. Jenner & Block will prevail, even if it takes a few days for the able Judge to issue a written opinion. Onward.

नमस्ते