Judge Says He’s Sick Of The Government’s Shit; Threatens To Make DHS, DOJ Testify Under Oath

Legal Issues

from the let's-move-your-contempt-from-civil-to-criminal dept

Of course, we’ll see what comes of this, but it’s starting to look like this administration won’t outlast this level of judicial scrutiny. It may have bullied its way past courts during Trump’s first year back in office, but now lines are being drawn. Whether or not those lines matter is an open question. But the important thing is that they’re being drawn. All the government has to do is cross them. And there’s no reason to believe it won’t.

This is not the only court drawing these lines. The administration has already been hit with hundreds of adverse rulings. Multiple courts have threatened contempt sanctions. Some courts have even begun making those threats a reality.

Trump may flood the zone, but now it’s clear the zone is willing to flood right back. Stare into the abyss, etc. Judges are done with dealing with this shady AF administration. They’re putting in the (legal) papers that Trump got mad.

This is from a recent order [PDF] handed down by a New Jersey federal court:

The Government’s handling of Petitioner’s detention is emblematic of its approach to immigration enforcement in this state. On the merits, its detentions are illegal. The Government knows this. Its reliance on Section 1225 has been roundly rejected.

“Roundly rejected.” Just like prior restraint. This is active and ongoing restraint. And while it doesn’t do much to the First Amendment, it certainly does plenty of damage to other amendments dealing with the deprivation of personal liberty.

The court goes on to point out that the US Attorney for New Jersey has conceded to “violating 72 orders” issued in immigration cases handled in this jurisdiction alone. And yet, nothing changes. The US Attorney claimed the violations were “unintentional.” The court disagrees.

Sadly, the well-deserved credibility once attached to that distinguished Office is now a presumption that “has been sadly eroded.” The Government’s continued actions after being called to task can now only be deemed intentional.

And:

It ends today.

Bang. Done.

This is how it goes from here. The judge says any further arrests or detentions in violation of this order will result in mandatory testimony under oath, if not actual sanctions. It’s not the best threat I’ve ever heard, but it’s still more than most courts are willing to do, even as the administration continues to pretend courts are mere nuisances, rather than an integral part of the American republic that constitutionally has as much power as the Executive Branch.

Let the judges cook.

Filed Under: dhs, doj, ice, mass deportation, new jersey, trump administration, zahid quraishi