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Tipsheet

How the Trump Administration Plans to Outmaneuver District Judge on Deportation Flight Case

AP Photo/Ben Curtis

The Trump White House knew there would be an all-out war in the courts, but they were willing and eager to fight them every step of the way. That doesn’t mean they don’t find these politically motivated rulings against their lawful orders to be supremely annoying. On several fronts, little district judges have sought to absorb powers not delegated to them. They’ve tried telling Trump what to do on immigration, the military, and even who they can hire. These are unlawful orders that should be ignored. 

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Know your role and shut your hole, black robes. These aren’t legal opinions; they’re screeds you’d read in the opinion section of The New York Times. It’s lunacy. Deputy White House Chief of Staff Stephen Miller nailed it: by this logic, district judges would have to sign off on troop deployments. 

On the immigration front, James Boasberg has sought to prevent the deportation of foreign terrorists, ordering deportation flights with Tren de Aragua members to be returned to the United States. The Trump administration is trying to use the Alien Enemies Act of 1798 to accelerate these deportations. You don’t have that authority here, Boasberg, and your request for classified information pertaining to this case is absurd. Trump officials are now considering invoking the state secrets provisions to shut up Boasberg (via Fox News): 

The Justice Department said Friday it is considering invoking the state secrets privilege in its ongoing court battle over the Trump administration’s deportation flights to El Salvador, a tool that could allow them to withhold certain information for national security purposes. 

In a declaration filed Friday morning, U.S. Deputy Attorney General Todd Blanche told U.S. District Court Judge James Boasberg that he is aware of the Cabinet-level discussions invoking state secrets privilege. 

Invoking that privilege "is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be taken in just 24 hours," Blanche said. 

The declaration came after Boasberg had issued a Thursday deadline for the court to file information about deportation flights that sent Venezuelan nationals to El Salvador over the weekend, around the same time he issued an emergency court order temporarily blocking the Trump administration from doing so.

[…] 

Boasberg noted in a blistering order Thursday that the government had "again evaded its obligations" in failing to submit materials he requested about the flights, even after he extended the deadline for them to do so and said they could file the materials under seal. 

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Ignore this clown, Trump team. He’s head of his skis and must be reined in, all these district judges. I’ve

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