This latest iteration of the fight over the use of the #AlienEnemiesAct began on Wednesday when the #ACLU filed suit in Abilene on behalf of 2 #Venezuelan immigrants being held at the Bluebonnet facility, asking Judge Hendrix to shield them against #deportation. But the judge denied the request, largely because lawyers for the #DOJ told him that the men — known only by their initials, A.A.R.P. & W.M.M. — had not yet been scheduled for removal from the country.

Drew C. Ensign, a lawyer for the #DOJ, gave his word that no flights were scheduled to depart from the Bluebonnet center on Friday night or Saturday morning, adding that the immigrants there would be given at least 24 hrs’ notice before they were deported.

But Judge #Boasberg was skeptical of Ensign’s assertion, pointing out that the notice forms the #Trump admin had given to the #Venezuelan men did not contain an explicit statement that they were able to challenge their #deportations.

Last week, #Trump signed a *memo* [directing the DOJ – which BTWs isn’t legal for him to do]…to investigate #ChrisKrebs, & suspend any #active security clearances held by Krebs & SentinelOne, the prominent #cybersecurity firm where he worked. Trump instructed the #DOJ & the #DHS to submit a report w/“recommendations for appropriate remedial or preventative actions.”

Interesting note:

When #DOJ released the Gang Field Interview Sheet in the #KilmarAbregoGarcia case, they redacted the name of the cop...the one who was suspended & then indicted for serious professional misconduct. But Sargent & TNR obtained the GFIS & confirm that the name is under the first redaction bar.

Senator #VanHollen — also refreshingly given the lies & obfuscation from the #Trump admin & #DOJ — tells EXACTLY what he did today in #ElSalvador to try to see or speak with #KilmarAbregoGarcia, exactly what the VP of El Salvador said in response to his queries & exactly what steps he will take now.

Ahhh (sigh of relief) #Democrats are so nice that way.

…Since 2017 & 2018, the #DOJ [under #Trump 1.0] has required #RT & #Sputnik to register as #ForeignAgents, reflecting #Russian government control over their operations. 5 months after #EdMartin’s final appearance last April, the #UnitedStates, #Canada & #Britain announced new sanctions on RT & several employees meant to cripple funding for… #disinformation operations around the world.

A #Vera Institute attorney then asked on the call what #legal authority #DOGE had to demand involvement with an independent, #nonprofit org, acc/to the transcript. The DOGE employees reportedly responded that there was no point in getting into details since the #DOJ already terminated Vera’s grants.

At the meeting Tues, #Vera Institute leaders said the #DOJ this month revoked $5M in #FederalGrants that the institute was receiving to develop programs related to reducing recidivism rates & supporting victims of violent crimes, acc/to Nick Turner, head of the Vera Institute.

When #DOGE members learned that the institute was no longer receiving federal funds, they started to wrap up the meeting, realizing it was no longer necessary.

I hadn’t seen that the #DOJ actually submitted a transcript of the #Trump / #Bukele presser to the court as part of their status update. Absolutely ridiculous.

STATUS REPORT by Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio Attachment 1: Unofficial Transcript: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.1.pdf

Case main page: https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/

#DOJ: For the record, we don't think discovery appropriate, because we think this is a legal dispute.

#Xinis: Ok, will respond to that in written order. And your objection is preserved.

plaintiff's counsel up. They have no further statements.

Xinis: It's a tight timeline.

Says there will be requests for production, deponents, interrogatories....

#Xinis: you should've considered privilege when you put it up as an affiant... but if you have privilege objections, you can get them to me... But any issues producing deponents for depo?

Xinis to Ensign [#DOJ]: Cancel vacation. Cancel appointments. I'm usually pretty good about that kind of thing, but not this time.

DOJ: We will move expeditiously, your honor.

Xinis: Anything else?

#Xinis: Depositions are to be completed by Wednesday, April 23. Any impediments to that?

#DOJ: We understand court's position

Xinis: So that means no impediments?

DOJ: We don't know at this time who will be deposed...

Xinis: No, I'm saying the people who you've put forward as affiants.

DOJ: I'm not prepared to put forward objections at this time. One of the affiants is an acting general counsel...

#Xinis: …going back to what #SCOTUS said was "squarely" in my power & my view that you have not fulfilled the mandate I've issued. Discovery will bear that out, bc the affidavits are insufficient.

Ensign [#DOJ] repeats his view that there are pure issues at #law at play here that do not require discovery.

Xinis: Ok, I'll give you my order & you can object.. this is what district courts are authorized to do [discovery]...courts are referees.

#DOJ: We've made clear the court doesn't have authority to make this request of executive...

#Xinis shuts that shit down: I'm not doing that. There's so much daylight between that & what's happening here. To talk in generalities is simply #delaying the process we need to go through to determine whether you've done what you can in good faith to comply w/ order.

DOJ: I disagree that it's generalities. The plaintiffs have specifically asked court to compel gov to ask El Salvador for his release.

#DOJ asks Xinis to issue an additional order clarifying the scope of her #TRO / injunction. [likely to draw things out]

#Xinis: It’s not that difficult. The Supreme Court has spoken. Let's talk about what #SCOTUS has unequivocally deemed to be lawful. You made your arguments there, & this is now about the scope of the remedy.... We're gonna do it in a targeted way but we're not going to take a whole lot of time doing it [discovery].

Ensign [#DOJ]: If he presents at port of entry or embassy, he would be taken into US custody... this is a narrow issue of what "facilitate" means

#Xinis: I disagree, & I'm prepared to issue order on what facilitate means.
#SCOTUS has made clear this is in context not just in the ether of "pure law"...it's matter of whether defendants complying w/ the court’s order to release #AbregoGarcia from custody in El Salvador

Ensign [#DOJ] now points to paragraph 9 of the declaration by a govt official, which it submitted earlier today, regarding what would happen if #AbregoGarcia presented at a point of entry. [see above] The declaration said he'd be removed to 3rd country or back to El Salvador after rescinding the withholding of removal...

Xinis: Have you done it? [Brought him back?] If you haven't done it, then it’s speculative....

Judge #Xinis: The question is “what have you done to facilitate #AbregoGarcia’s release & what are you doing to ensure that his case is handled as it would have been had he not been sent to #ElSalvador?”

#DOJ: Ascertaining the position of El Salvador is important...also in transcript of Oval Office meeting is statement of AG #PamBondi saying we would facilitate his return…

Xinis interrupts