NEW: ICE's Delaney Hall* in Newark is being evacuated. It may close. *(where Mayor Ras Baraka was arrested and regarding which Rep. McIver has felony charges)

Judge: Makes me think: can president declare vacancy that doesn't exist? If president finds a vacancy, there is a vacancy! If the president finds a rebellion, there is a rebellion! And I try to distinguish in my mind, how is this any different from what a monarchist does?

Breyer continues: And it seems to me that I simply look to the statute...but if you can point me to something in this little book called the Constitution, then I'll look at it.

They’re asking that the sanctions be levied against the individual attorneys and have noted that precedent exists to support the court prohibiting the government from reimbursing them.