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#statesecrets

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Bill Jorth

Clear abuse of power by the Trump DOJ by refusing to answer the judge’s inquiries by claiming #StateSecrets. masto.ai/@Nonilex/114223346923

NOTICE INVOKING STATE SECRETS PRIVILEGE The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court's March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security. This is a case about the President's plenary authority, derived from Article II and the mandate of the electorate, and reinforced by longstanding statute, to remove from the homeland designated terrorists participating in a state-sponsored invasion of, and predatory incursion into, the United States. The Court has all of the facts it needs to address the compliance issues before it. Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address. Accordingly, the states secrets privilege forecloses further demands for details that have no place in this matter, and the government will address the Court's order to show cause tomorrow by demonstrating that there is no basis for the suggestion of non-compliance with any binding order.
MastodonNonilex (@Nonilex@masto.ai)Attached: 1 image The #Trump admin invokes the #StateSecrets privilege, saying it will give Judge #Boasberg no more information about the #deportation flights to inform his decision about whether the govt defied his order. https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.56.0.pdf #law #Constitution #immigration #DueProcess #CivilRights #DualState #ConstitutionalCrisis #AlienEnemiesAct #14thAmendment #5thAmendment #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower #Trump
Public
Nonilex

#Trump is now attempting to invoke #StateSecrets privilege [🚩] in the #AlienEnemiesAct case, claiming that due to “state secrets” (ignore the fact that trump live tweeted the entire affair) & therefore will give Judge #Boasberg no more information about #deportation flights to inform his decision about whether the gov't defied his orders

storage.courtlistener.com/reca

. #law #Constitution #immigration #DueProcess #ConstitutionalCrisis #AlienEnemiesAct #Judiciary #SeparationOfPowers #AbuseOfPower

Continued thread
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Nonilex

This morning, Dpty AG (& fmr #Trump #criminal defense atty who lost the case that resulted in Trump becoming the first convicted #felon to be elected POTUS in history) #ToddBlanche submitted a sworn declaration at confirming that there are ongoing Cabinet-level discussions that Blanche is involved in about whether the admin will invoke the “#StateSecrets privilege” to shield some info from the court.

Todd Blanche sworn declaration: “I am the Deputy Attorney General of the United States. I am submitting this Declaration in response to the Court's March 20, 2025 Order. On March 20, 2025, the Government submitted a declaration from Robert L. Cerna Il, which stated: "I understand that Cabinet Secretaries are currently actively considering whether to invoke the state secrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours." I attest to the accuracy of those statements based on personal knowledge of the events described by Mr. Cerna, including my direct involvement in ongoing Cabinet-level discussions regarding invocation of the state-secrets privilege. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true & correct.”
#law#Constitution#immigration
Continued thread
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Nonilex

“To begin, the Govt cannot proffer a regional ICE ofcl to attest to Cabinet-level discussions of the #StateSecrets privilege; indeed, his declaration on that point,…is based solely on his unsubstantiated 'understand[ing].' Although its skepticism concerning the suitability of such privilege…remains, the Court at a minimum requires an ofcl w/direct involvement to swear that deliberations of the privilege's invocation are ongoing at the level Cerna attests.“

#Trump#Boasberg#law
Continued thread
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Nonilex

“He then stated, 'I understand that Cabinet Secretaries are currently actively considering whether to invoke the #StateSecrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours.'

“This is woefully insufficient.”

[a seriously scripted declaration]

#Trump#Boasberg#law
Continued thread
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Nonilex

Judge #Boasberg is exasperated.

“On March 18, 2025, the Court ordered Defendants to provide by noon the following day specific information regarding flights carrying individuals subject to the Court’s Temporary Restraining Orders issued 3 days before.…Defendants instead filed a pleading shortly before the deadline seeking to stay the Order in large part on the ground that they were considering whether to invoke the #StateSecrets privilege.…

#Trump#law#AlienEnemiesAct
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