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#legal

10 posts8 participants1 post today

The #legal #rights people have if #ICE stops them

A sense of anxiety is gripping noncitizen residents of the #UnitedStates.

The 2nd #Trump admin kicked off w/a shock-&-awe effort aimed at arresting & deporting many immigrants without legal status. But stories are now emerging of both longtime legal permanent residents & visa holders being detained by ICE & other #immigration *officers*.

#law #Constitution #AlienEnemiesAct #DueProcess #Rendition #Abduction #CivilRights
npr.org/2025/03/28/nx-s1-53424

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But we don’t live there anymore. We live in a country where the fed govt allies itself w/Russian & South American #dictators while taking sides against #democratic #allies. A country that threatens its neighbors w/annexation. A country that views the #GenevaConventions as namby-pamby suggestions that only apply to suckers & losers. A country that uses #SecretPolice.

And perhaps most importantly, a country where the regime no longer abides by rulings from the existing #legal system.

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@heidilifeldman

I agree, you might add #LawFedi, #FediLaw, #Legal, and #LegalNews to your text for reach.

Also, a headline helps quite a bit, as well as an image or link.

👉#ClientRepresentation: Trump Administration on Course To Destroy Rule Of Law👈

Also, this reminds me of Russia's treatment of lawyers having defended political dissidents.

apnews.com/article/russia-oppo

It is a clear case of #FirstTheyCame:

mastodon.social/@HistoPol/1109

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The result is an extraordinary threat to fundamental #constitutional rights of #DueProcess & #LegalRepresentation….

#Legal scholars say no previous US admin has taken such concerted action against the legal establishment, with #Trump’s predecessors in both parties typically respecting the constitutionally enshrined tenet that everyone deserves effective representation in court & that #lawyers cannot be targeted simply for the cases & clients they take on.

Continued thread

#Trump’s crackdown on #lawyers is having a chilling effect on his opponents’ ability to defend themselves or challenge his actions….
#Biden-era ofcls said they’re having trouble finding #lawyers willing to defend them. The volunteers & small nonprofits forming the ground troops of the #legal resistance to #Trump admin actions say that the well-resourced #LawFirms that once would have backed them are now steering clear.

Unsurprisingly

#LawFirms refuse to represent #Trump opponents in the wake of his attacks

Trump issued yet another #ExecutiveOrder Tuesday sanctioning yet another #law firm, Jenner & Block. The result overall has been called an extraordinary #threat to #constitutional rights of #DueProcess & #legal representation & a far weaker effort to challenge Trump’s actions in court than during his first term.

#RevengePolitics #CivilRights
washingtonpost.com/politics/20

The Washington Post · Law firms refuse to represent Trump opponents in the wake of his attacksBy Michael Birnbaum
Continued thread

After securing the craven surrender of high profile liberal law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP without even entering a courtroom, an emboldened Downmarket Mussolini has ordered his comically corrupt Attorney General, Pam Bondi, to seek disciplinary actions against lawyers who are "filing frivolous claims designed to cause delays." What's a "frivolous claim?" Only Trump and Bondi know, but the note about delays makes it clear that Der Führer is angry that his fascist agenda is being blocked by numerous judicial restraining orders and hopes to do an end around the courts by threatening lawyers and law firms into not even filing suits to halt the regime in the first place.

theguardian.com/us-news/2025/m

Trump ramps up retribution campaign against legal community

"The memo, as a result, created a formal mechanism for Trump to unilaterally decide whether to impose politically charged sanctions through executive orders that strip lawyers of the security clearances they need to perform their jobs or prevent them from working on federal contracts.

Multiple legal experts suggested the memo would theoretically allow Bondi to decide a particular lawsuit that triggered a temporary injunction was causing an unnecessary delay, and refer the firm that filed the suit to face the effects of a punitive executive order.

That could cause a chilling effect and lead to the volume of litigation against the Trump administration to decline, the experts said. Even if the lawsuits are in fact for a legitimate purpose, there’s fear that their representation could put them in the president’s cross hairs and endanger their legal practices.

Trump also directed Bondi to open a review into the “conduct” of lawyers and their respective law firms in litigation against the federal government reaching back to the start of his first term in 2017 – and recommend whether it warranted additional punitive actions.

The memo comes as Trump in recent weeks has used executive orders targeting law firms to great effect."

Frankly, I don't have much to add here that we didn't already look at when I wrote up the Paul Weiss surrender situation we discussed a few days ago. The fact is that Trump has no legal authority to harass and punish lawyers for bringing cases before a judge to stop the Trump regime's often illegal, and frequently unconstitutional activities. Providing a check to the executive branch's power when it violates our civil rights, exceeds the President's authority, or is just straight up criming, is literally the prescribed role of the judiciary branch in the American system of government; the lawyers filing suits to stop Trump's fascist agenda aren't doing anything wrong, they're in fact doing their job as defined in the US Constitution. Trump just doesn't give a shit, and if he can't break the judges ruling against him, he'll happily try to further his authoritarian agenda by using his Department of Justice to harass the lawyers filing against his actions, and starving the law firms of federal access and contracts.

The good news here is that unlike some of their cowardly brethren in white shoe DC law firms, numerous legal advocacy organizations more closely associated with civil rights litigation, are openly stating that they have no intention of backing down. Groups like the ACLU, the Center for Reproductive Rights, the American Immigration Lawyers Association, and Democracy Forward, have all issued statements pushing back on Trump's claims and promising to not only continue the fight, but also to keep bringing more cases against an overreaching Trump regime now acting unlawfully pretty much every day.

I'm not sure how much faith I have in the lawyers and the courts to stop fascism; after all, none of these folks have an army or a police force at their disposal to enforce court orders against a fascist regime and a president already granted virtual legal immunity by a 6-3 fascist high SCOTUS. But as I mentioned elsewhere, you can't win if you don't fight, and it is impossible to install a fascist dictatorship without a whole lot of collaboration, cowardice, and capitulation by the society the fascists are trying to dominate. Win or lose, fighting back is the first step towards stopping fascism, and as a society our best hope of resisting remains acting in infinite ways, across every sector, to make it cost more in time, effort, money, and if necessary in blood, to impose fascism, than the folks doing so stand to benefit from that fascism. Saying "no" is at least a start.

The Guardian · Trump ramps up retribution campaign against legal communityBy Hugo Lowell
Continued thread

#Extradition is a long-established, frequently used process of sending accused criminals to face charges in another country. By citing the #AlienEnemiesAct, #Trump is highlighting its aggressive posture on the contested #legal issue without taking steps that might be deemed to violate a #TRO issued by federal Judge #Boasberg.

Because the men are being extradited to face charges in a foreign country, their cases are different from the hurried #deportations of >200 #Venezuelans this month.

FROM LEGAL HERO, MARC ELIAS:

"Brad Karp, the disgraced leader of Paul Weiss [legal firm], had sent an internal email justifying his firm’s capitulation [to Trump]. The letter is as pathetic as it is poorly written. But one line, in particular, caught my attention:

“But no one in the wider world can appreciate how stressful it is to confront an executive order like this until one is directed at you.”

To which I respond: Fuck you, you coward."

#DemocracyDocket
#Legal
#RuleOfLaw
#USPol

Continued thread

In July 1936, for example, Fraenkel won a case for employees of an association taken over by the #Nazis. A few days later, he learned that the #Gestapo had seized the money owed to his clients & deposited it in the government’s coffers. Over time, the prerogative state would distort & slowly unravel the #legal procedures of the normative state, leaving a smaller & smaller domain for ordinary #law.

Continued thread

Academic in tone, The #DualState sketches a template of emerging #tyranny distilled from bloody & horrifying experience.

As Fraenkel explained it, a #lawless #dictatorship does not arise simply by snuffing out the ordinary #legal system of rules, procedures, & precedents. To the contrary, that system—which he called the “normative state”—remains in place while dictatorial power spreads across society. What happens, Fraenkel explained, is insidious.