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Judge: "We're not gonna slow walk this. We're not re-litigating what #SCOTUS put to bed."
Ensign: We believe due regard requires our to hear from us before any amended order be issued.
Judge: I disagree with you.
Ensign: We disagree fundamentally on the status of the court's order. #SCOTUS said the deadline is no longer effective.
Xinis: Because the admin allowed the deadline to pass. So now you have a new amended order, which makes clear you have to facilitate return.
Ensign: Due regard for the executive means at a minimum you are required to hear from executive in a written brief before any order could become effective again
Judge says no, that's not right, basically.
Ensign: We're actively considering what could be done, this is a case that involves 3 cabinet depts...
Xinis: And while you do that, the irreparable harm continues. Is anyone moving w/any speed on your end? #SCOTUS has spoken -- quite clearly.
Judge Xinis says it's not unreasonable to ask for this info.
Ensign says that the govt could have some info/responses by Tues, as they requested. Says might involve invocations of privilege, but doesn't know.
The hearing has started.
Via Anna Bower:
Drew Ensign, who has represented the gov in the JGG matter before Judge #Boasberg, is here for #DOJ.
Judge #Xinis begins by explaining why we're here: #SCOTUS ruled, & directed the court to clarify its order re: "effectuating" the return of #KilmarAbregoGarcia.
Xinis: Contrary to what the govt put in its briefing, there is no need for further briefing. Now I need to know if the defendants are willing to answer my 3 questions I've asked...
Indeed, this is *exactly* what's wrong with last night's #SCOTUS ruling, as I wrote about in this morning's newsletter:
www.stevevladeck.com/p/141-abrego...
Everyone saw this coming. And yet the Court did what it did anyway.
RE: https://bsky.app/profile/did:plc:rjczpaotvf22sva3wheiwmgk/post/3lmkh3hfpss2t
141. Abrego Garcia and the Pre...
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