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Judge Rules Against Musk and Doge, Finding USAid Shutdown ‘Likely Violated’ Constitution – US Politi
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calling khallow!
Judge rules against Musk and Doge, finding USAid shutdown ‘likely violated’ constitution – US politics live [theguardian.com]:
The justice department told the judge considering the legality of deporting suspected Venezuelan gang members that they did not violate his order to stop the planes from departing, but refused to immediately offer more details of their itinerary.
The filings came after judge James Boasberg yesterday gave the administration a deadline of today at noon to share details of how the three planes were allowed to fly to El Salvador [theguardian.com] even though he ordered that they not depart, and turn back if they were in the air.
In response, Robert L. Cerna, an Immigrations and Customs Enforcement (Ice) official based in Texas, said that two of the planes had already left US airspace by the time that Boasberg issued his order, while the third carried migrants who had been ordered deported through the typical legal process – not the Alien Enemies Act, which is at issue in the case Boasberg is considering.
From Cerna’s filing:
On March 15, 2025, after the Proclamation was publicly posted and took effect, three planes carrying aliens departed the United States for El Salvador International Airport (SAL). Two of those planes departed U.S. territory and airspace before 7:25 PM EDT. The third plane departed after that time, but all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the basis of the Proclamation at issue. To avoid any doubt, no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue.
Separately, attorney general Pam Bondi and other top justice department officials signed a notice to Boasberg in response to his demand for details about the planes and their departure time, essentially refusing to provide him with what he wanted:
The Court also ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM. The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs’ account of the facts, there was no violation of the Court’s written order (since the relevant flights left U.S. airspace, and so their occupants were “removed,” before the order issued), and the Court’s earlier oral statements were not independently enforceable as injunctions. The Government stands on those arguments.
Here’s more on the legal wrangling over the deportations, and Donald Trump’s invocation of the Alien Enemies Act:
