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NEW: ACLU tells Judge Boasberg that he should reject the government's invocation of the state-secrets privilege.
Reposted by Domestic Enemy Hat
Joshua J. Friedman
@joshuajfriedman.com
NEW: ACLU tells Judge Boasberg that he should reject the government's invocation of the state-secrets privilege, saying that it is "unaware of *any* case in which [it] has been invoked to withhold evidence from a court seeking to enforce its own orders." https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.69.0.pdf
PLAINTIFES' RESPONSE TO DEFENDANTS' INVOCATION
OF THE STATE SECRETS PRIVILEGE
INTRODUCTION
On March 25, the Court directed Plaintiffs to file their response, if any, to Defendants'
Notice Invoking the State Secrets Privilege (ECF No. 56).
Two threshold matters bear emphasis. First, Plaintiffs respectfully submit that the Court
already possesses the information it needs to conclude that its March 15 oral and written
temporary restraining orders were violated. The government has confirmed that "two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court's minute order of 7:25 PM EDT, and before the Court's oral statements during the hearing." Decl. of Robert L. Cerna, Acting Field Office Director, ICE (ECF No. 49-1). The government has also confirmed that it is "not contest[ing] for the purposes of these proceedings that the planes landed
abroad, and that the aliens on board were deplaned, after the issuance of the Court's minute order." Defs. Notice Invoking State Secrets Privilege 7-8 (ECF No. 56) ("Defs. Notice"
. These facts, standing alone, establish that the government failed to comply with both of the Court's (excerpt ends here)
ALT
March 31, 2025 at 8:21 PM
@joshuajfriedman.com
NEW: ACLU tells Judge Boasberg that he should reject the government's invocation of the state-secrets privilege, saying that it is "unaware of *any* case in which [it] has been invoked to withhold evidence from a court seeking to enforce its own orders." https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.69.0.pdf
PLAINTIFES' RESPONSE TO DEFENDANTS' INVOCATION
OF THE STATE SECRETS PRIVILEGE
INTRODUCTION
On March 25, the Court directed Plaintiffs to file their response, if any, to Defendants'
Notice Invoking the State Secrets Privilege (ECF No. 56).
Two threshold matters bear emphasis. First, Plaintiffs respectfully submit that the Court
already possesses the information it needs to conclude that its March 15 oral and written
temporary restraining orders were violated. The government has confirmed that "two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court's minute order of 7:25 PM EDT, and before the Court's oral statements during the hearing." Decl. of Robert L. Cerna, Acting Field Office Director, ICE (ECF No. 49-1). The government has also confirmed that it is "not contest[ing] for the purposes of these proceedings that the planes landed
abroad, and that the aliens on board were deplaned, after the issuance of the Court's minute order." Defs. Notice Invoking State Secrets Privilege 7-8 (ECF No. 56) ("Defs. Notice"
. These facts, standing alone, establish that the government failed to comply with both of the Court's (excerpt ends here)
ALT
March 31, 2025 at 8:21 PM
https://bsky.app/profile/joshuajfriedman.com/post/3llpm3hvqdc2b