Judge Alsup just said this👇 to the Justice Department about their refusal to let Charles Ezell testify about his (highly dubious) declaration that OPM did not illegally direct mass firings.
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Amazing how quickly DOJ is losing credibility in the courts. That’s what happens when you put a criminal in charge of law enforcement; they’re going to lie and cheat instead of enforcing the laws.
Trump’s track record of
Making
Attorneys
Get
Attorneys
To answer my question of two days ago, yes, judges can have orders enforced "by a person specially appointed for that purpose." But only for civil contempt; the attorney general can refuse to enforce criminal contempt. Still, jail is jail.
I keep seeing judges giving the govt lawyers an earful, but I haven’t seen any follow up. Are they being sanctioned? Anyone being held in contempt? Referrals to bar disciplinary committees? Anything? If not, it’s just talk
Keep fighting.
Thank you to these people for standing up (my heroes so far)
Rep. Al Green
Judge Adam Abelson
**Judge William Alsup
Judge Amy Berman Jackson
Judge Ana Reyes
Judge Deborah Boardman
Judge Royce Lamberth
Spec. Counsel Dellinger
Judge Jamal Whitehead
Judge Loren Alikhan
Judge Amir Ali
At some point, lawyers for the Justice Department need to be personally sanctioned by the court. Otherwise, why wouldn't the Trump administration keep running this play? I can't imagine they're going to stop just because a judge said he was mad about it.
It’s observation, but he’s done this since the crib. It’s his favorite play and there’s never any tangible, visceral punishment. There needs to be shackles and orange jumpsuits and perp walks.
Since I'm not a lawyer, could you and/or @kenwhite.bsky.social comment on whether it's a good thing when a judge says "I'm getting mad" during a legal proceeding?
Unmmm. It is absolutely a BADDD thing to hear. Judge could hold attorney in contempt for this behavior and the attorney may also face discipline by Bar. Every attorney owes a duty of candor to the court.
I have appeared before Judge Alsup. He’s pretty good at signaling without needing to say “I’m getting mad” - actually getting to that point means that it’s past time to adopt a posture of conciliation - oddly one which is probably foreclosed to these lawyers based on orders from above.
Read these books by Dr. Bandy X. Lee: The Dangerous Case of Donald Trump and her follow up book: The More Dangerous Case of Donald Trump. Psychiatrists discuss the truth of his mental condition which demonstrates his mental illness.
We really don't need anyone, degreed or not, speculating on the psych diagnoses of people they've never met. It won't hurt Trump. It hurts ordinary people with psychiatric conditions.
I’ve been yelled at by federal judges before (it comes with the territory, you get used to it), but this is another level and a half. This is, or should be, career ending.
I'm sorry, I was responding to your post in which you stated that "they also can't do a damned thing." By "they," I thought you were referring to judges. Perhaps I was mistaken.
Isn't it true that when a defendant refuses to testify in a civil suit then -- unlike a criminal trial -- it can be assumed that it is because the testimony would be unfavorable? That is the judge can assume Ezells testimony would be adverse to the government and rule against them immediately
trump's ass, while gargantuan, is actually a tardis because despite its flabby expansiveness, only a multi-dimensional asshole could produce a shit show like this
With all the chaos and turmoil trump has caused to the Judicial Branch of the US, I’m so very impressed with how many of the judges are following the letter of the law/the Constitution.
Someone let me know when he throws Pam Bondi in jail for contempt of court. We all know that the attys are following her orders so she should be the one who spends time in jail.
And this isn't the only case where they refused to let him testify. They lost that case.
Yes, yes, you won't like a federal judge when they're angry. So I hear.
Will something be done about that to the lawyers involved? Or is the "you won't like me when I'm angry" now confined to (apparently appealable!) TROs?
Judge Alsup says he thinks he "got misled" by the Justice Department when it said fired employees' claims could be "channeled" through federal agencies. He points out that Trump "decimated" those agencies, firing their leaders, so in fact civil servants have no real recourse outside a federal court.
"You chose to submit his declaration. And then you said, 'no but he can’t be cross-examined.' You can’t just say: 'Here’s a declaration—you have to accept it without question,' when there is a question!”
Yeah this is absolutely correct, some people need to start doing jail time for contempt or the government is going to continue to play hide the ball because there is no penalty whatsoever other than getting yelled at.
What is mind-boggling to me is why those attorneys would put their careers on the line for this one case — will be almost impossible for them to effectively appear before any judge in that district again
Every time I read about another DoJer resigning, I see a lawyer deciding that resignation is better than being incinerated in open court like the poor schmuck in front of Alsup.
I've been both insecure and ambitious at different points in my adult lifetime, so I'm not entirely without sympathy for DoJ law-talking-people who feel like they busted their asses to grab the bottom rung on a ladder that leads to both success and status.
Alsup says the mass firings were not actually based on performance; that claim was a "gimmick" and a "sham" to "try to avoid statutory requirements." He adds:
"It’s a sad day when our government would fire some employee and say it was based on performance when they know good and well that’s a lie."
If they were a private company there would be a cause for action and that company could end up paying a large settlement for defaming a worker's performance.
Just because they are the Government doesn't make a wrong right.
"I've been practicing in this court for over 50 years and I know how we get at the truth. And you're not helping me get at the truth. You're giving me press releases, sham documents. I'm getting mad.” Judge Alsup
Judge Alsup just expanded his preliminary injunction, prohibiting OPM from recasting termination mandates as "guidance" at a bunch of major agencies. His order is "effective immediately." He tells the government it must abide by the order NOW, and cannot wait until his written opinion issues.
Judge Alsup also ordered the federal government to rehire thousands of employees who were unlawfully laid off from six major federal agencies based on a "sham," in his words. Expect this aspect of his decision to be quickly appealed (which he invited, sardonically). But obviously, it is a huge deal.
Judge Alsup is reconsidering his earlier decision that he lacked jurisdiction to consider many claims brought by federal employees and their unions because those grievances must be "channeled" through federal agencies. He suggested that that's not possible because Trump "destroyed" those agencies.
Appears they will leave the judge twisting in the wind because they know they can do it. What would happen. He throws the gov atty in jail for contempt? Wouldn’t tRump pardon them the next day?
Badass! These federal judges must be sick unto death of the offensively scammy bullshit runaround they're getting from the DOJ, which is exactly like the smug mendacious treatment federal employees have received.
You know I used to think that. But I think these days judges see being shit on as an opportunity to show their "high-minded nonpartisanship" by saying thanks, grabbing a spoon, and giving special treatment to the abuser.
At what point can complaints about this attorney be filed with the bar? Does this kind of dishonesty and poor use of court time cross the line into malpractice or ethics failure?
Comments
Trump’s track record of
Making
Attorneys
Get
Attorneys
has been expanded to I include DOJ lawyers.
And jailing them is complicated by the pervasive corruption of the political appointees in the executive branch. If the judge says, "Go to jail",
1/
I suppose a judge could ask a state governor, "Could I borrow a couple of state police officers to do the Marshalls' job?" Not sure that's allowed.
End/
https://www.democracydocket.com/opinion/if-the-marshals-go-rogue-courts-have-other-ways-to-enforce-their-orders/
That can not happen, and every lawyer they send who pulls this shit needs to be Giulianied.
Thank you to these people for standing up (my heroes so far)
Rep. Al Green
Judge Adam Abelson
**Judge William Alsup
Judge Amy Berman Jackson
Judge Ana Reyes
Judge Deborah Boardman
Judge Royce Lamberth
Spec. Counsel Dellinger
Judge Jamal Whitehead
Judge Loren Alikhan
Judge Amir Ali
ENTIRE GOVERNMENT?
America is getting mad!
And this isn't the only case where they refused to let him testify. They lost that case.
Will something be done about that to the lawyers involved? Or is the "you won't like me when I'm angry" now confined to (apparently appealable!) TROs?
No REAL penalties?
🙄
Dies a system that can’t defend itself deserve to survive?
"You chose to submit his declaration. And then you said, 'no but he can’t be cross-examined.' You can’t just say: 'Here’s a declaration—you have to accept it without question,' when there is a question!”
The fact he wasn’t in custody within a weak of the document seizures is stunning. Stunning.
It’s just not a democracy.
"It’s a sad day when our government would fire some employee and say it was based on performance when they know good and well that’s a lie."
Just because they are the Government doesn't make a wrong right.
The gOp could run a Master Class called “Lying, Obsfucating, and Gaslighting your way into Power”
"LOCK THEM UP! LOCK THEM UP! LOCK THEM UP!"