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ACLU trying to game the system.....
Posted on: April 22, 2025 at 21:50:50 CT
Tigrrrr! MU
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Eric Schmitt
I have 24 hours to respond to a motion.
Unhappy with that result, the ACLU left a voicemail on Judge Hendrix phone requesting to speak to the Judge about the substance of the proceeding, an improper ex parte communication.
On Good Friday, the ACLU filed another ex parte emergency motion for a TRO against the removal of TdA members to El Salvador while their habeas claims were pending.
A few hours later, they filed for an emergency status conference, trying to force a decision only hours later.
As part of the "emergency" nature of the claim, the ACLU (highly irregularly) imposed a 42 minute deadline on Judge Hendrix to grant its motion.
If the plaintiff imposed deadline was not met, the ACLU would appeal the lack of a ruling as a "constructive" denial of the motion.
Before Hendrix could issue an order, the ACLU filed an appeal to the Fifth Circuit and SCOTUS, freezing NDTX's jurisdiction.
The Fifth Cir, said it had no jurisdiction because Judge Hendrix had neither granted nor denied the motion, there was nothing to review.
In an order with not opinion, SCOTUS, directed the Government not to remove any TdA members confined in NDTX marked for deportation under the AEA until there is more action from the Court.
The worst part of the unreasoned order: SCOTUS enjoin the President acting under his core Article II powers to remove enemies of a foreign invading force. That is a first in American history and a grave threat to our separation of powers.
That leads us to today, when Judge Hendrix issues a scathing opinion to the ACLU lawyer for his prohibited ex parte communications on Apr. 17, violating the federal code of conduct. Did the ACLU do this with other judges? With Boasberg?
What's next? As for the TRO, the Trump Admin has responded to the ACLU's emergency injunction app. pending at SCOTUS. It will resolve in the coming days and the Trump admin will likely win.
And the ex parte communications? The Trump admin will respond and, likely, ask for sanctions.
Edited by Tigrrrr! at 21:52:07 on 04/22/25
I have 24 hours to respond to a motion.
Unhappy with that result, the ACLU left a voicemail on Judge Hendrix phone requesting to speak to the Judge about the substance of the proceeding, an improper ex parte communication.
On Good Friday, the ACLU filed another ex parte emergency motion for a TRO against the removal of TdA members to El Salvador while their habeas claims were pending.
A few hours later, they filed for an emergency status conference, trying to force a decision only hours later.
As part of the "emergency" nature of the claim, the ACLU (highly irregularly) imposed a 42 minute deadline on Judge Hendrix to grant its motion.
If the plaintiff imposed deadline was not met, the ACLU would appeal the lack of a ruling as a "constructive" denial of the motion.
Before Hendrix could issue an order, the ACLU filed an appeal to the Fifth Circuit and SCOTUS, freezing NDTX's jurisdiction.
The Fifth Cir, said it had no jurisdiction because Judge Hendrix had neither granted nor denied the motion, there was nothing to review.
In an order with not opinion, SCOTUS, directed the Government not to remove any TdA members confined in NDTX marked for deportation under the AEA until there is more action from the Court.
The worst part of the unreasoned order: SCOTUS enjoin the President acting under his core Article II powers to remove enemies of a foreign invading force. That is a first in American history and a grave threat to our separation of powers.
That leads us to today, when Judge Hendrix issues a scathing opinion to the ACLU lawyer for his prohibited ex parte communications on Apr. 17, violating the federal code of conduct. Did the ACLU do this with other judges? With Boasberg?
What's next? As for the TRO, the Trump Admin has responded to the ACLU's emergency injunction app. pending at SCOTUS. It will resolve in the coming days and the Trump admin will likely win.
And the ex parte communications? The Trump admin will respond and, likely, ask for sanctions.
Edited by Tigrrrr! at 21:52:07 on 04/22/25
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ACLU trying to game the system..... - Tigrrrr! MU - 4/22 21:50:50