Trump Loses Big as Judge Ends His Plan…

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1:51Michael Popok:We got some breaking news. the firefight between the chief judge of the district courts of D.C., Jeb Boesberg, and the Department of Justice continues. In a new order just released, the judge said, and I'm barely paraphrasing, you told me to go pound sand about giving 137 people you may disappear without due process rights, and you're not going to give me a solution to provide them with due process rights? I choose a different path other than pound sand. In particular, Judge Boesberg on page four of his order says the following against this backdrop and mindful of the flagrancy of the government's violations of the deportees due process rights that landed the plaintiffs in this situation.

2:40Michael Popok:The court refuses to let them languish in the solutionless mire that the defendants propose, which is we can't bring him back from Venezuela. We don't want to bring him back from anywhere else. And we don't want to do remote hearings of any type. Judge go pound sand. No, no. Federal judge order, federal judge order beats go pound sand, rock, paper, scissor. I'm Michael Popak. You're on the Midas Touch Network and Legal AF. We've been following this case very closely. It's called JGG. It's been brought by the American Civil Liberties Union in favor of 137 men, migrants, who the government claims without proof, are members of Trenderagua, a narco-terrorist group, and sent in the middle of the night over the objection and orders of Jeb Boesburg back in March to the torture prisons of El Salvador.

3:33Michael Popok:Later, to get them away from Jeb Boesburg's jurisdiction, the Department of Justice went one better and sent them to Venezuela before the war with Venezuela. And now Jeb Boesberg, having given the government the opportunity to propose a solution for the lack of due process that was provided to these people who would rather, based on a recent filing, who would rather be in custody in the immigration world of the United States than to be free in Venezuela or third countries. That's how much they are devoted to their cause. Jeb Boesberg has joined that call and has now ordered the government to get these people back to the United States, even if it means they're in custody, and give them the habeas corpus and due process rights that the United States Supreme Court ordered that they have.

4:19Michael Popok:I'm Michael Popak. Let's get to it. I'll post this memorandum and opinion up on Legal AF Substack for paid members. Here's what the judge says in this case, page one. The court offered the government the opportunity to propose steps that would facilitate hearings for the class members on their habeas corpus claims so that they could challenge their designations under the Alien Enemies Act. Apparently not interested in participating in this process, the government's responses essentially told the court to pound sand. The judge continues, believing that other courses would be more productive than pounding sand.

4:58Michael Popok:And in line with the Supreme Court's requirement outlined in the Abrego Garcia case, the court will now order the government to facilitate the return from third countries of those plaintiffs who so desire. It will also permit other plaintiffs to file their habeas supplements from abroad. How do we get here? The United States Supreme Court, in another case involving a Maryland person named Kilmer Abrego Garcia, 9-0, supported the federal district judge there, Judge Zinnis, and said that she was right to order that Abrego Garcia, who was illegally sent in the same El Salvadoran prison, along with these 137 other men, that he was illegally sent there, that the court had the right and had the obligation to order that the United States facilitate his return back to the United States for a due process hearing.

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7:16Michael Popok:That's U-P-W-O-R-K.com, Upwork.com. Now, we all know it happened. Two months later, the Trump administration manufactured fake criminal charges against Abrego Garcia in Tennessee and brought him back and then threw him in jail. However, that case is about to get dismissed for vindictive prosecution by way of a judge in Tennessee. But the precedent set by the Abrego Garcia case is ringing in the ears of Chief Judge Bozberg. And he said to them, I've got to follow the Abrego Garcia precedent. Tell me how I can't follow that. And of course, the government just said, you're wrong. We're not going to do anything.

7:56Michael Popok:Venezuela is in flux. It's a foreign affairs issue. We can't do anything about it. We have no solution. The judge is not taking that. Here's what the judge says about this issue. First, he compliments the American Civil Liberties Union. People should know the American Civil Liberties Union does regular contributions on the Legal AF YouTube channel with us. Here's what he said. Understanding that the situation in Venezuela remains in flux on page two, and given the quote-unquote law enforcement action in quotes, plaintiffs, the ACLU and the 137 men have commendably sought measured steps from the court.

8:32Michael Popok:In other words, plaintiffs are being reasonable. You are not being reasonable. As explained at the hearing, they're only asking to be permitted to file supplemental habeas pleadings for the 137 deported that those individuals in third countries, not Venezuela or the United States, can proceed with remote hearings and that the government provide as its expense returns to the U.S. from third countries for those so desiring. So not even from Venezuela. And they know that if they go back to the U.S., they're going to be put in detention. The judge calls it a prudent approach, which has not been replicated by their government counterparts.

9:14Michael Popok:He says, although the Supreme Court in Abrego Garcia appell Judge Zinnes' order directing the government to facilitate and effectuate the return. Defendants at every turn have objected to these legitimate proposals without offering a single option for remedying the injury. After extended questioning at the hearing, the government finally represented that it prefers the return of the deportees, not on its time, to remote hearings, given its concerns with logistics and other evidentiary issues at such hearings. Here's an example where the parties brief the issue, but at the hearing, they sort of got into it and developed a working outline that the judge is now adopting.

9:54Michael Popok:But listen to what the judge says about the government, as I started the hot take with. Against this backdrop and mindful of the flagrancy of the government's violations of the deportees' due process rights that got them into this pickle to begin with, the court refuses to let them languish in a solutionless mire that the defendants propose. He also says on page five, it is worth emphasizing that this situation would never have arisen had the government simply afforded the plaintiffs their constitutional rights before initially deporting them. And then he ordered the following. Plaintiffs shall give a notice as to what their countries, their clients are in.

10:35Michael Popok:The plaintiffs shall give a notice noting the number of plaintiffs who want to come to the United States. The government shall promptly return to plaintiffs upon written request, their passports and travel documents. And the government shall file a status report by March 13th, explaining how and when it will transport any plaintiff. Now we know what's going to happen next. The government's going to file an appeal. It's going to go up to a DC appellate court. We'll find out what happens next. But Boesberg is right. The Trump administration has gone after him time and time again, including trying to get ethics charges brought against him, which were ultimately dismissed.

11:08Michael Popok:But he is fighting for democracy. He is fighting for the rule of law. Till my next report, I'm Michael Popak. Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well. We got some new reporting. We got interviews. We got ad-free versions of the podcast and hot takes.

11:44Michael Popok:Wear Legal AF on Substack. Come over now to free subscribe.

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