Xinis: I'm also going to issue a written letter how you'll get expedited review in this process if meet and confer isn't workable. If everyone operating in good faith, it'll get done in 2 weeks. If not that'll be fact in itself for court to consider
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I have designed a poster in support of Kilmar Abrego Garcia. If you would like a print file of it to print out and display in your window or use at a protest (or whatever else), please message me. : )
Thanks so much for sharing the play by play updates on this. I highly doubt we'll see this level of detail from MSM. Judge Xinis is my new personal hero!
Ensign: I'm not prepared to put forward objections at this time. One of the affiants is an acting general counsel...
Xinis: you should've considered privilege when you put up as an affiant...but if you have privilege objections, you can get them to me...But any issues producing deponents for depo?
I hope Abrego or his family sues the pants of every single administrative actor in this. Personally. "Just following orders" - make them say it, out loud, on record.
Yep - via Kyle Cheney:
XINIS: Every day Abrego Garcia is in CECOT is "a day of further irreparable harm. If not this court, then who, to engage in process...that is in the roots of our constitution, so we have to give process to both sides...[I have] no tolerance for gamesmanship or grandstanding."
Uh, damn. Xinis knows what they're up to. Xinis is not fooling around. The statement about getting the discovery done in two weeks or not being considered was also revealing.
And they will get reamed, as per. Discovery is squarely her turf, not appealable. 2 wks is an eternity to this poor man, but a blink of an eye in hotly contested dist ct proceedings. Gov wants to gloat, and they will get their chance. Our country's future depends on what SCOTUS decides next.
There are cases where the parties will all agree that nothing is disputed factually and just want the court to rule on how the law should be applied to the facts. Discovery doesn't usually apply in those cases. This is definitely not the situation here despite what Ensign keeps arguing.
Xinis: Keep it targeted, keep it tight, that will keep it moving.
My current target is that at the conclusion of discovery then plaintiffs will supplement their motion by April 28. After reply, will turn to it as soon as possible.
I mean, it really seems like the written agreement itself between the US and El Salvador (if one exists) is pretty key here. If the agreement indicates that the US retains control over the disposition of the deportees, then that's pretty much game over, right?
This feels like something doge might be interested in. The perpetuating a fraud against the US and a legal resident. They are wasting millions of dollars fighting this order. And when he is freed - or if he’s not he/his family will sue for hundreds of millions. ALL TAXPAYER DOLLARS!!!
Can't give SCOTUS any wiggle room either. Nail it down, then send it over. Don't let them squeeze out of it by invoking executive power again. Put the administration on the record as to whether they did anything to get this man back.
Whether the government can, and has, attempted to facilitate the plaintiffs return (as ordered by the Supreme Court) IS a factual issue, not a legal one.
@nyulaw.bsky.social should be EMBARRASSED to have that scumbag (Drew Ensign) as an alum of their law school. He is supporting human rights violations and should be included in an ICC complaint. Stain on NYU.
And that, ladies and gentleman, is how a Judge confident in their place and seeing the utter disrespect of the system coming out of this administration puts it all on record and holds them to task for history to document.
Ah . . . the smell of consequences after DOJ lawyers and their clients demonstrated that they were not acting in good faith.
She's sending a clear message that any goodwill they had in her courtroom is gone, and she's going to treat them like the mob attorneys they've become.
Let's hope so. With felon45's history of wrangling out of every legal consequence & with his fellow accomplices' shady backgrounds, I'm skeptical of seeing any justice for Abrego Garcia, the poor Columbia student kidnapped to Louisiana & the poor guy kidnapped today in Vermont.
Fucking surreal that the government’s official position is “we will not request that the innocent person we accidentally sent to a Salvadoran death camp be released, and the court is out of line for suggesting we should”
None of this matters if the court has no means of enforcing anything. It would just be a repeat of the ignoring of the Supreme Courts ruling. sooner or later someone with enforcement power has to step up and honor their oath.
If the Court really has no means of enforcing anything, the administration will go on about its business and the discovery won't happen. So we'll just have to wait and see🤔.
its a major flaw in the constitution that the court does not have much enforcement power. just the honor system that military/police is supposed to do such and such. all it took to fuck the US is someone in power being 100% willing to exploit every single loophole.
For what, exactly? I didn't like his answers, and the judge didn't like his answers, because they were terrible, non-responsive answers, but that doesn't make any of his behavior criminal.
given the way that trump cannot stop running his mouth or maga cant stop harassing judges maybe someone will be punished eventually. im not holding my breath or anything. id be surprised if trump isnt shit talking the judge on truth social right this second. im actually about to go check.
I know we are all impatient. But is this normal when they deliberately don’t do what she asked? It feels like she is letting them get away with it and giving a ton of time.
This kind of discovery would typically take months. There is no possible way for plaintiff’s attorneys to do discovery in two days. Two weeks will mean very long days, 14 days in a row. I get where you’re coming from, but this is an extraordinarily tight timeline for the work involved.
It has to be 2 weeks because otherwise when they appeal they would be able to say they weren't given enough time and that would shoot everything back to square one. The judge knows what she's doing.
it's also not that they're going to get 2 weeks and then give nothing at the end. Every day the plaintiffs lawyers are going to be making asks for info they want from the government and cornering them in rooms while the beat answers out of them.
It's insanely fast - while it's good that Xinis is being aggressive, it's also disrupting a lot of the functions of the D. Md. (and the D.D.C., which is also the subject a lot of high impact priority litigation). We were already at the point that getting rulings on key motions was taking 1+ years.
Discovery in a case like this, with a relatively small number of witnesses and documents, would typically take around 100-200 hours over six months. That’s with a cooperative opposing party, and when you don’t have to tailor everything to the fact that this will go back to the Supreme Court.
is this really the fastest they can possibly go though? i mean i have no idea if garcia is going to be alive by the time the result of the case is settled.
It clearly normally takes much longer than that. The judge has to make sure what they do is beyond reproach or likely Roberts and the Republican on SCOTUS will use that to postpone the conflict as much as possible.
“I'm not prepared to put forward objections at this time.”
Does anyone else get the feeling that Ensign is purposefully waiting until the next court date to object in order to needlessly waste time and give Trump the chance to dictate whatever BS objections he can cook up?
well then, maybe super Trump AG Pam Bondi should trot her happy ass into court and handle it. Its definitely HER pay grade.
I'd love to see her locked up for contempt.
If they claim privilege, strike the attorney's declaration and treat it as evidence that they are not complying. Hiding behind attorney/client privilege in order to avoid justice should be grounds for sanctions and/or discipline by the bar.
There’s a reason it’s usually a mistake to have a lawyer give an affidavit;
It’s very hard to claim privilege when you offered that person’s testimony on that issue
Dumbass DOJ. Having lawyers sign affidavits opens the lawyers themselves up for depositions and potentially waives privilege. These are not very smart or experienced lawyers.
"..the process we need to go through to determine whether you've done what you can in good faith to comply w/ order". Not a lawyer, & I have to ask: what is the point of this? Is DOJ's bad faith in any doubt? Keeping this guy in this prison for minimum 2 more weeks is not trivial. Justice delayed..
If it goes that far and the judge rules contempt, tossing someone in jail for it might stop the nonsense. The judges need to use their authority. Enough fucking around already, for both sides.
From what I can tell the affiants are the authors of the status reports, and from what I can tell those are Michael G. Kozak, Joseph N. Mazzara (Acting General Counsel), and Evan C. Katz (ICE). Does that list sound complete?
This judge needs to be considered for the Supreme Court in the next administration. She's both fearless and professional at the some time in not letting the government off the hook.
I'm afraid these affiants will just assert that they have no 1st hand knowledge of the decisions being made & the court will get the run-around trying to find someone who does.
I was really hoping she'd req, the signers AND directors and down the chain. Document all of it even if they can't be deposed now. They are all complicit and need to be held accountable. No one who has touched this case deserves to keep their law license.
I understand. Kind of. Lol. They are gonna wanna fight out what facilitate meant in scotus order. Not sure they wouldn't try and file a whole new suit over that word alone, gumming up today's order. Or I'm nuts, I don't know🤣🤣
You’re not nuts and yes they will keep fighting the word facilitate but the government can’t file a new suit (they’re the ones *being* sued) and the judge’s order today expressly delayed the determination on what “facilitate” means until at least after discovery is over
It's obvious the government is not operating in good faith.
Why doesn't she just repeat her initial order and have him brought back in two days and when it doesn't start holding people in contempt and jailing them?
Two weeks just to find out that they haven't done shit.
Maybe then Democratic governors would start thinking about declaring Trump an illegitimate president, or withholding federal tax dollars from their states.
Yeah, I can definitely understand them wanting to go, but there would be nothing stopping the ppl at CECOT from just bringing them in, then not letting them out again. Damn.
Great not even going to think about how much evil shit they will do within 2 weeks. This is the courts failing us following norms instead of noticing this is the fall contempt should have happened today!
so the judge just sentenced Garcia to at least 2 more weeks in El Sal...................................................................................................................................................sounds like a win for Donlione...
I hope she can really box them in because they have already demonstrated a gross disregard for the law, so it is time to setup the (metaphorical) guillotine & *any* non-compliance and it drops: jail, bar complaint, daily fines, etc. All of it.
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The Executive and Legislative are compromised by MAGAs determined to destroy the country
Any impediments to that?
Ensign: We understand court's position
Xinis: So that means no impediments?
Ensign: We don't know at this time who will be deposed...
Xinis: No, I'm saying the people who you've put forward as affiants..
A much more beautiful word than groceries or tariffs.
Xinis: you should've considered privilege when you put up as an affiant...but if you have privilege objections, you can get them to me...But any issues producing deponents for depo?
It's like arrogantly saying you're just gonna ignore someone really doesn't endear you to them.
She knows they've been feeding her BS & dragging their feet and she's done. Done!
XINIS: Every day Abrego Garcia is in CECOT is "a day of further irreparable harm. If not this court, then who, to engage in process...that is in the roots of our constitution, so we have to give process to both sides...[I have] no tolerance for gamesmanship or grandstanding."
Administration will still delay and obfuscate.
Xinis: Anything else?
Ensign: For the record, we don't think discovery appropriate, because we think this is a legal dispute.
Xinis: Ok, will respond to that in written order. And your objection is preserved.
Xinis: It's a tight timeline.
Says there will be requests for production, deponents, interrogatories....
My current target is that at the conclusion of discovery then plaintiffs will supplement their motion by April 28. After reply, will turn to it as soon as possible.
/1
"Preserved...and relegated to the circular filing cabinet."
"proof of life" before trump or blondie asks the guards to kill him.
https://www.linkedin.com/in/drew-ensign-43383b11
She's sending a clear message that any goodwill they had in her courtroom is gone, and she's going to treat them like the mob attorneys they've become.
https://www.youtube.com/watch?v=4dn76ZPt_Y0
If Respondent doesn’t want to be treated like a smarmy, obsequious dick weed, he shouldn’t behave like a smarmy, obsequious dick weed.
NO VACATION. (This may be playing on a reel in the Judge’s head):
they basically said to the judge's face they dont have to listen to the judiciary here
Lol
Republicans don't understand this foreign concept
There are now 236 known others abducted and deported to these death camps.
#FireFelonFascist47
#truthovernarrative 🐧
BTW they recently fired a DOJ lawyer who worked there for 15 years.
Unless the Pro Bono Patriots want to risk their license for this radioactive case, the DOJ is running over 100 lawsuits with even less staff.
Judge knows.
Trump knows judge know.
I am praying for consequences. Hopefully jailed DOJ attorneys.
but it should be two days, not two weeks
this case has the republic on its back
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lmuwnikuhs2y
Thank you so much for doing this.
Does anyone else get the feeling that Ensign is purposefully waiting until the next court date to object in order to needlessly waste time and give Trump the chance to dictate whatever BS objections he can cook up?
I'd love to see her locked up for contempt.
The poor wee stupid and incompetent fascist f*cks – I love it!
These guys are bad actors.
It’s very hard to claim privilege when you offered that person’s testimony on that issue
Yah. That's the stuff.
I think it's pretty compelling, but IANAL.
Shots like this one make that seem quite possible.
WHOMP WHOMP
i called and left a message for this guy saying he hired an idiot
Their balls will shrivel when under oath and they won't their lies.
I think it's Michael Kozak, Evan Katz, and Joseph Mazzara.
(Other than resign)
So, probably my legal duty. (And also resign and/or die of shame)
sadly, i dont believe he will make it two weeks
Why doesn't she just repeat her initial order and have him brought back in two days and when it doesn't start holding people in contempt and jailing them?
Two weeks just to find out that they haven't done shit.
On second thought, nah, they won't
Except. We don't have usual conditions, and this regime is clearly upending whatever they can to gain power, even if it means murdering people.