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		<title>Trump DOJ opposes giving Jan. 6 defendant access to evidence</title>
		<link>https://homesafetytechpros.com/trump-doj-opposes-giving-jan-6-defendant-access-to-evidence/</link>
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		<pubDate>Thu, 17 Apr 2025 05:07:57 +0000</pubDate>
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					<description><![CDATA[<p>Insets: Ryan Zink (Department of Justice). Background: FILE — Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File). A Jan. 6 defendant from Texas who ran for Congress last year and is reportedly attempting another political run has been granted permission to “examine and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-doj-opposes-giving-jan-6-defendant-access-to-evidence/">Trump DOJ opposes giving Jan. 6 defendant access to evidence</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_519908" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-519908" class="size-full wp-image-519908" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/Ryan-Zink.jpg" alt="Insets: Ryan Zink (Department of Justice). Background: FILE - Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File)." width="1200" height="627"/></p>
<p id="caption-attachment-519908" class="wp-caption-text">Insets: Ryan Zink (Department of Justice). Background: FILE — Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021. (AP Photo/John Minchillo, File).</p>
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<p>A <a href="https://lawandcrime.com/high-profile/cannot-simply-act-as-a-rubber-stamp-judge-challenges-dojs-seemingly-inconsistent-effort-to-toss-jan-6-defendants-gun-case-over-trump-pardon/" target="_blank" rel="noopener">Jan. 6</a> defendant from <a href="https://lawandcrime.com/crime/evil-judge-doxxed-and-threatened-after-reducing-bond-for-track-meet-stabbing-suspect-while-the-teen-is-being-attacked-over-his-900k-house/" target="_blank" rel="noopener">Texas</a> who ran for <a href="https://lawandcrime.com/tag/congress/" target="_blank" rel="noopener">Congress</a> last year and is reportedly attempting another political run has been granted permission to “examine and publish” footage, evidence and discovery from his criminal case surrounding the events of the 2021 Capitol attack — but the Justice Department says not so fast.</p>
<p>Ryan Zink, 35, of Lubbock, was granted access last week by <a href="https://lawandcrime.com/high-profile/a-solemn-mockery-of-the-constitution-itself-judge-moves-to-hold-trump-admin-in-criminal-contempt-over-deportation-flights-ordered-to-turn-around/" target="_blank" rel="noopener">U.S. District Judge James Boasberg</a> on account of the DOJ not filing a memorandum in opposition to Zink’s March 22 motion to lift a protective order keeping his case material sealed. Boasberg issued a minute order on April 9 announcing his decision, which the DOJ apparently saw and responded to Wednesday with the document in question.</p>
<p>“As the Government has not opposed Defendant’s Motion to Lift Protective Order, the Court orders that the Motion is granted, and the Protective Order is lifted,” a docket entry from Boasberg said last week.</p>
<p>In response, the DOJ’s top prosecutor in Washington, D.C., <a href="https://lawandcrime.com/high-profile/martins-client-is-not-president-trump-dcs-top-prosecutor-has-fundamental-misunderstanding-of-the-role-and-needs-to-be-investigated-former-us-attorneys-say/" target="_blank" rel="noopener">Ed Martin</a>, signed off on a memorandum in opposition Wednesday that said granting such a request to Zink would put people at risk and pose a threat to national security.</p>
<p>“Lifting a protective order in this case creates a dangerous opportunity and could potentially place sensitive information in the possession of those who would use it to harm the national security, in addition to allowing terabytes of information including individual defendants’, witnesses’, and victims’ personal identifying information to be released to the public,” Martin said. “The government has thus demonstrated that release of these materials could cause a significant hazard to others, and there is no prejudice to the defendant from continuing the protective order here.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Zink, who was <a href="https://www.ntd.com/freed-jan-6-prisoners-seek-congressional-office_1060829.html" target="_blank" rel="noopener">defeated in the Republican primary</a> last year, is <a href="https://www.newsmax.com/newsmax-tv/texas-ryan-zink-jan-6/2025/03/26/id/1204514/" target="_blank" rel="noopener">reportedly</a> running for a seat in Texas’ 19th District. He was found guilty in the District of Columbia back in 2023 of three charges related to Jan. 6, including one felony and two misdemeanor offenses.</p>
<p>“While on restricted grounds immediately outside the Capitol building, Zink filmed a series of video clips,” the DOJ said in a <a href="https://www.justice.gov/usao-dc/pr/texas-man-found-guilty-felony-and-misdemeanor-charges-related-jan-6-capitol-breach" target="_blank" rel="noopener">press release</a> announcing his conviction.</p>
<p>“In one clip, the defendant recorded himself stating, ‘We knocked down the gates! We’re storming the Capitol! You can’t stop us!&#8221;” the DOJ said. “In the same video, Zink panned the phone camera to show the crowd around him and later began chanting, ‘We want Trump!’ as he moved through the crowd at the footsteps of the Capitol.”</p>
<p>Zink was caught on video and audio saying several different things that were brought up by DOJ prosecutors in his case file.</p>
<p>“You all want to know how it’s going? We are going to bum rush this s—!” he allegedly said in one clip.</p>
<p>“In a second video, the defendant filmed the crowd as it attempted to breach the Rotunda Doors to the Capitol,” the DOJ alleged. “Zink stated, ‘They’re not going to get this one.&#8217;”</p>
<p>In a third video, the DOJ said Zink shouted, “You wanted to see what it’s become? We’re in the doors!” Toward the end, he allegedly turned the camera to capture another individual smashing out a window near the Rotunda Doors.</p>
<p>“Broke down the doors,” Zink later allegedly wrote in text messages obtained by the DOJ. “Pushed Congress out of session … I’ll be posting pictures in a little bit when we get back … we accomplished the job,” Zink said.</p>
<p>He allegedly added, “I’m afraid the time for rioting is over better clean those guns and invest in some level 4 armor.”</p>
<p>Martin said Wednesday in the government’s opposition filing that since Zink has been pardoned by <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">President Donald Trump</a>, like other Jan. 6 defendants, “there is no need for further discovery, and the defendant does not have any First Amendment right to the discovery provided to him.”</p>
<p><a href="https://lawandcrime.com/high-profile/entitled-to-reimbursement-trump-doj-says-jan-6-defendants-deserve-to-get-restitution-refunds-after-having-cases-invalidated/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘Entitled to reimbursement’: Trump DOJ says Jan. 6 defendants deserve to get restitution refunds after having cases ‘invalidated’</strong></a></p>
<p>Martin claimed the protective order “continues to operate to protect information that is vital to national security” and “significantly affects the privacy rights of victims and witnesses, even after the conclusion of the investigation and prosecution,” per the filing.</p>
<p>“The defendant has cited no authority or rationale to release this volume of material, protected by these orders in hundreds of similar cases, in such a wholesale fashion, where this material is no longer necessary to his defense and could cause such damage to the national security and rights of third parties, including witnesses and victims,” Martin said.</p>
<p>“The defendant’s argument that the government should make its discovery databases available to the public fails to address the vast amount of information that has already been made public through the government’s investigations and prosecutions of these cases,” Martin added. “The events of January 6, and the ensuing investigations and prosecutions, are important to our history as a nation — events that must be considered through appropriate public access to government records and through public discourse. But criminal discovery is not the appropriate mechanism to vindicate that interest.”</p>
<p>Martin accused Zink of trying to “abuse the discovery process,” even though his counsel was given access to the materials in question while defending him.</p>
<p>“The defendant has no further right to, nor need of, the discovery in this matter,” Martin concluded. “The Court should deny the defendant’s motion.”</p>
<p>Zink’s attorney, Roger Roots, argued in their motion that he and other defendants — along with journalists, researchers and the public as a whole — have a right to examine and publish the footage, evidence and discovery that’s in question.</p>
<p>“The vast majority — perhaps almost the entirety — of camera footage, film and photos collected in these discovery databases do not concern any locations of the Capitol which are off-limits to the public,” the motion said. “Indeed millions of tourists have seen and been in the hallways and areas.”</p>
<p>Roots claimed that the public and press have a “presumptive First Amendment right of access” to judicial proceedings in criminal cases, which gives Zink the ability to make such a request.</p>
<p>“The roots of public access to court proceedings and records lie in ‘democratic values of accountability and openness,&#8217;” the motion said. “Few cases could be more crucial for publication of all court files and records than Zink’s case, and January 6 cases in general. January 6 cases are famously political, and President Trump has called the prosecutions a “grave national injustice.” Accordingly, the public’s interest is even more accentuated than in other types of cases.”</p>
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		<title>Judge debates contempt for Trump admin ignoring court order</title>
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		<pubDate>Fri, 04 Apr 2025 07:32:36 +0000</pubDate>
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					<description><![CDATA[<p>Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia). The federal judge who has been going back and forth with the Trump administration over its mass deportations of Venezuelans [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-debates-contempt-for-trump-admin-ignoring-court-order/">Judge debates contempt for Trump admin ignoring court order</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
]]></description>
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<div id="attachment_514548" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-514548" class="size-full wp-image-514548" src="https://am24.mediaite.com/lc/cnt/uploads/2025/03/Trump-and-Boasberg.jpg" alt="Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia)." width="1200" height="627"/></p>
<p id="caption-attachment-514548" class="wp-caption-text">Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia).</p>
</div>
<p>The federal judge who has been going back and forth with the <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> administration over its <a href="https://lawandcrime.com/high-profile/reject-this-invitation-to-subvert-our-constitutional-orders-conservatives-urge-scotus-to-stonewall-trumps-bid-to-stay-injunction-in-mass-deportations-case/" target="_blank" rel="noopener">mass deportations of Venezuelans</a> under the Alien Enemies Act of 1789 (AEA) — and whether administration officials <a href="https://lawandcrime.com/high-profile/the-government-again-evaded-its-obligations-judge-upbraids-trump-admins-woefully-insufficient-explanation-for-flouting-court-order/" target="_blank" rel="noopener">blatantly ignored orders he gave</a> to shut them down — took a Justice Department lawyer to task on Thursday with an hourlong onslaught of questions and comments about the case, including warnings about holding people in contempt.</p>
<p>At one point during the hearing, U.S. District Judge James Boasberg flat-out called the Justice Department’s actions “pretty sketchy” as it continued to try and say certain information about the Trump deportation flights couldn’t be shared with Boasberg, even in a classified facility and under seal.</p>
<p>“If I don’t agree, if I don’t find your legal arguments convincing and I believe there’s probable cause to find contempt, what I’m asking is how should I determine who the contemnor or contemnors are?” Boasberg asked Deputy Assistant Attorney General for Immigration Litigation Drew Ensign, who was arguing on behalf of the DOJ.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The <a href="https://lawandcrime.com/tag/aclu/">American Civil Liberties Union</a> (ACLU) has asserted in court filings that the <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> administration’s deportation of more than 100 Venezuelans under the obscure 18th-century wartime AEA power last month directly violated federal court orders, and the government’s subsequent <a href="https://lawandcrime.com/high-profile/dangerous-and-wholly-unwarranted-trump-admin-invokes-privilege-in-denying-judge-info-on-deportation-flights-calling-inquiry-dubious-and-trivial/">invocation of the state secrets privilege</a> to withhold information from Boasberg — who has simply been inquiring as to whether his orders were followed — is based on assertions that are not even “remotely true” and should be rejected.</p>
<p>The Trump administration, so far, has invoked the AEA to justify its mass deportations of members of one particular Venezuelan gang. In the executive order underlying the litigation, Trump called for the removal of “all Venezuelan citizens 14 years of age or older who are members” of Tren de Aragua (TdA), which has been designated as a foreign terrorist organization since January.</p>
<p>On <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/">March 15</a>, the ACLU sued for and won a temporary restraining order. Action has since been quick, steady, and tense. Boasberg’s original oral bench ruling to stop the removals under the auspices of the AEA, which included a directive to turn planes around containing Venezuelan immigrants, was <a href="https://lawandcrime.com/high-profile/you-felt-you-could-disregard-it-judge-grills-trump-doj-over-white-house-ignoring-court-order-because-it-was-oral-quips-his-verbal-rulings-dont-seem-to-carry-much-weight-anymore/">allegedly ignored</a>, with the government claiming that the flights had already left U.S. airspace and were therefore outside of the court’s jurisdiction.</p>
<p>On Monday, the ACLU urged Boasberg to deny the Trump administration’s invocation of the privilege, contending that it has never been invoked to stymie a court’s inquiry into whether its own orders had been followed. Should the privilege be permitted to stand, the ACLU alleges, it would effectively give the administration free rein to conceal evidence from courts at will.</p>
<p><a href="https://lawandcrime.com/high-profile/muzzling-the-executive-trump-admin-says-order-targeting-hillary-clinton-linked-law-firm-is-straightforwardly-legal-in-seeking-dismissal-of-lawsuit/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Muzzling the Executive’: Trump admin says order targeting Hillary Clinton-linked law firm is ‘straightforwardly legal’ in seeking dismissal of lawsuit</strong></a></p>
<p>The court demanded additional details about the flights and was repeatedly stonewalled with filings that Boasberg described as “intemperate and disrespectful” before the administration invoked the state secrets privilege, asserting that the court did not need any additional information to make a decision.</p>
<p>At Thursday’s hearing, Boasberg assessed the government’s willingness to share information about the timing of the deportations.</p>
<p>“It’s pretty sketchy looking, mainly about why it couldn’t be shared with the public,” Boasberg said. “What I’m trying to figure out here is, is there any other inference that there was an expedited effort to get people on planes before my hearing at 5 p.m. or before I ruled?” the judge asked. “Is that the inference you would draw from this?”</p>
<p>Tearing into Ensign repeatedly, Boasberg said, “It seems to me, there is a fair likelihood that … the government acted in bad faith throughout that day. If you really believed everything you did that day was legal and could survive a court challenge, I can’t believe you ever would have operated the way you did.”</p>
<p>Going after the Trump administration’s alleged refusal to recognize his order, Boasberg told Ensign, “Let me ask you this: Why, when you knew that I was having a hearing at 5 p.m. that was going to relate to class certification, that was going to relate to the plaintiff’s attempt to join action against the larger class, why wouldn’t the prudent thing be to say, ‘Let’s slow down here. Let’s see what the judge says. He’s already enjoined the removal of five people, it’s certainly in the realm of possibility that he would enjoin further removals. Let’s see what he says and if he doesn’t enjoin it we can go ahead, but sure better to be safe than to risk violating the order.’ Why wouldn’t the prudent, considered route be that?”</p>
<p>Ensign insisted that the Trump administration didn’t have notice that the 5 p.m. hearing on March 15 was going to be on anything other than class certification; he said he didn’t have any other “operational” details besides that.</p>
<p><a href="https://lawandcrime.com/high-profile/committed-the-same-error-recently-trump-doj-using-recent-court-win-over-fired-biden-ethics-enforcer-in-appeals-bid-to-get-civil-service-board-chair-axed-too/" target="_blank" rel="noopener"><strong>More Law&amp;Crime coverage: ‘Committed the same error recently’: Trump DOJ using recent court win over fired Biden ethics enforcer in appeals bid to get civil service board chair axed, too</strong></a></p>
<p>“So what you were willing to do, by trying to do this as quickly as possible and avoid being enjoined by the court, was to risk putting people on those planes who shouldn’t have been on the planes in the first place,” Boasberg said. “We have the example of Mr. Kilmar Abrego Garcia and you’ve admitted, haven’t you — not you personally, but the administration — has admitted that he was removed based on error, right?”</p>
<p>Ensign confirmed the wrongful removal of Garcia, a Maryland resident who was sent to El Salvador, but tried justifying it by claiming Garcia was on the third plane in question, “for which there are no compliance issues that have been raised by plaintiffs.”</p>
<p>Boasberg said, “On the contrary, they’ve raised them, we haven’t quite gotten to the bottom of the third (plane) yet.”</p>
<p>Circling back to the removal of Garcia, Boasberg said: “In that group of passengers for three planes that you’re rushing to get out of the country before a judge can act, and low and behold, at least one — that we know of — shouldn’t have been there in the first place.”</p>
<p>What seemed to have Boasberg taken back most Thursday was how Ensign and the DOJ claimed to have no knowledge of what the Trump administration was doing with the flights when he asked them at the 5 p.m. hearing on March 15.</p>
<p>“I asked you point blank whether there were any removal under this proclamation planned in the next 24 or 48 hours, remember that?” Boasberg asked Ensign, to which he said he did.</p>
<p>“And you said you didn’t know, but that you could investigate and report back … So I recessed the hearing from 5:22 p.m. to 6 p.m. and when we came back you still couldn’t give me any information about the plane,” Boasberg recalled. “So what I want to know here, as an officer of the court, you’re telling me that you had no knowledge whatsoever between 5 p.m. and 6 p.m. on that day that planes were in the air or shortly would be in the air? With no knowledge whatsoever?”</p>
<p><a href="https://lawandcrime.com/high-profile/a-bludgeon-to-suppress-speech-student-preemptively-sues-trump-admin-over-apparent-plans-to-deport-her-for-protests-over-israel-hamas-war/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘A bludgeon to suppress speech’: Student preemptively sues Trump admin over apparent plans to deport her for protests over Israel-Hamas war</strong></a></p>
<p>Ensign claimed that he had “no knowledge from my clients” but said he did have information from plaintiffs’ submissions to the court that it may be occurring. “I can assure you, as an officer of the court, I diligently tried to obtain that information,” Ensign said.</p>
<p>“They told you nothing?” Boasberg fired back. “You’re arguing on behalf of the government and they told you nothing?”</p>
<p>Ensign repeatedly pointed to attorney-client privilege as a reason for not being able to say what was discussed between him and the Trump administration. Boasberg felt it was an unsturdy argument that didn’t apply, but Ensign pushed on anyway.</p>
<p>“No one told you from the administration that planes were in the air or would be within the next 24 or 48 hours, that’s what you’re telling me?” Boasberg asked.</p>
<p>“Yes, your honor,” Ensign said.</p>
<p>Boasberg spent a good chunk of time asking the DOJ lawyer who he told in the Trump administration about his verbal order on March 15 after it was given, with Ensign providing several names of officials at Homeland Security and the State Department. But when pressed on who decided not to turn the planes around with the people being deported, Ensign refused to answer, once again citing attorney-client privilege.</p>
<p><a href="https://lawandcrime.com/high-profile/the-president-possesses-no-such-authority-lawsuit-pits-kavanaugh-against-5th-circuit-in-challenge-to-trumps-order-that-aims-to-dictate-new-rules-for-national-elections/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘The president possesses no such authority’: Lawsuit pits Kavanaugh against 5th Circuit in challenge to Trump’s order that aims to ‘dictate’ new rules for national elections</strong></a></p>
<p>Boasberg noted how the Justice Department has insisted in filings and at past hearings that the decision was “perfectly appropriate” for the Trump administration to make, so he was confused as to why Ensign couldn’t talk about it.</p>
<p>“So who made that perfectly appropriate decision?” Boasberg asked, to which Ensign admitted: “I don’t know that.” It was here that the judge began floating the idea of holding people in contempt.</p>
<p>Ensign said he believed the matter should be resolved based on the arguments presented so far, not additional briefings and proceedings.</p>
<p>“Your honor … assuming that you have rejected all our arguments … then I think that additional briefing, in particular … would be a better way to proceed,” Ensign told Boasberg.</p>
<p>The judge said that if he finds there’s probable cause for contempt, “there’s a good chance we’ll have hearings” with people being forced to testify under oath related to who will be punished and how.</p>
<p>Boasberg ended Thursday’s hearing by scheduling another for Tuesday, April 8, at which he’s expected to deliver his final order on whether the Trump administration unlawfully ignored him last month.</p>
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<p><em>Jerry Lambe and Colin Kalmbacher contributed to this report. </em></p>
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		<title>What happened during hearing over Signal group chat lawsuit</title>
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		<pubDate>Fri, 28 Mar 2025 12:31:26 +0000</pubDate>
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					<description><![CDATA[<p>Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia). Under the turbulent glare of national attention, a federal district judge on Thursday made comity the informal order of the [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/what-happened-during-hearing-over-signal-group-chat-lawsuit/">What happened during hearing over Signal group chat lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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										<content:encoded><![CDATA[<p> <br />
</p>
<div id="post-body">
<div id="attachment_514548" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-514548" class="wp-image-514548 size-full" src="https://am24.mediaite.com/lc/cnt/uploads/2025/03/Trump-and-Boasberg.jpg" alt="Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia)." width="1200" height="627"/></p>
<p id="caption-attachment-514548" class="wp-caption-text">Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge James Boasberg (U.S. District Court for the District of Columbia).</p>
</div>
<p>Under the turbulent glare of national attention, a federal district judge on Thursday made comity the informal order of the day — while also promising to issue a restraining order against several members of President Donald Trump’s cabinet over the Signal group chat scandal.</p>
<p>But first he sought to set the record straight.</p>
<p>“Some questions have been raised regarding this court’s random assignment,” U.S. District Chief <a href="https://lawandcrime.com/high-profile/judge-stymied-by-state-secrets-claim-in-deportation-case-will-oversee-lawsuit-against-trump-admin-over-group-chat-where-cabinet-members-divulged-military-plans/" target="_blank" rel="noopener">Judge James E. Boasberg</a> intoned — emphasizing the penultimate word. “All cases are randomly assigned.”</p>
<p>The jurist is, as of late, unusually well-known — largely due to being the target of <a href="https://lawandcrime.com/high-profile/a-troublemaker-and-agitator-trump-calls-for-impeachment-of-judge-who-put-stop-to-deportations-under-obscure-wartime-authority/" target="_blank" rel="noopener">Trumpworld ire</a> over <a href="https://lawandcrime.com/high-profile/you-felt-you-could-disregard-it-judge-grills-trump-doj-over-white-house-ignoring-court-order-because-it-was-oral-quips-his-verbal-rulings-dont-seem-to-carry-much-weight-anymore/">a series</a> of <a href="https://lawandcrime.com/high-profile/the-government-again-evaded-its-obligations-judge-upbraids-trump-admins-woefully-insufficient-explanation-for-flouting-court-order/" target="_blank" rel="noopener">anti-government</a> <a href="https://lawandcrime.com/high-profile/unlawful-judge-says-trumps-summary-deportation-of-migrants-without-due-process-likely-illegal/" target="_blank" rel="noopener">court rulings</a> and concomitant <a href="https://lawandcrime.com/high-profile/intemperate-and-disrespectful-language-federal-judge-fed-up-with-tone-of-trump-admin-filings-promises-consequences-for-officials-who-violated-deportation-order/" target="_blank" rel="noopener">dressings-down</a> of government lawyers in the <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/" target="_blank" rel="noopener">Alien Enemies Act case</a>. Seemingly aware of the consternation, the judge explained in detail the “automated” process that put him in charge of <a href="https://lawandcrime.com/high-profile/unlawful-destruction-of-federal-records-hegseth-rubio-and-others-broke-multiple-laws-by-using-disappearing-messaging-app-to-discuss-military-strikes-watchdog-says/" target="_blank" rel="noopener">another high-profile case</a> against the Trump administration.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>When it came to the issues raised in <a href="https://www.documentcloud.org/documents/25868850-american-oversight-v-hegseth/" target="_blank" rel="noopener">the lawsuit</a> over the multiple-day group chat about how to plan “military strikes in Yemen,” the judge pushed for clarity again — this time in service of an agreed-upon resolution that both sides would be able to live with.</p>
<p>“The plaintiff here is not asking me to disclose the Signal communications,” Boasberg said. “Discovery is not part of the suit.”</p>
<p>Boasberg went on to describe the basis of the lawsuit as, rather, sounding in a Federal Records Act (FRA) claim — a federal law with a series of mandatory record-keeping requirements with tentacles reaching into other laws like the Freedom of Information Act.</p>
<p>The judge said the contours of the litigation offer “a real chance to reach common ground” and that based on what the U.S. Department of Justice has filed in the case so far, he believes “the government is moving toward implementing what the plaintiffs seek.”</p>
<p>The lawsuit filed by nonprofit government transparency organization American Oversight specifically requests a bevy of declaratory judgments that the group chat participants violated federal law, that the messages in question are subject to the FRA, and that failure to maintain the messages violated the FRA. The plaintiffs also asked for a broad injunction that orders the defendants to comply with their duties under federal laws, and that might lead to an investigation by the U.S. Attorney General keyed toward “the recovery or restoration of any deleted or destroyed materials to the extent possible.”</p>
<p>All of that hardly seemed necessary, the judge suggested.</p>
<p>Boasberg said “preservation and possible recovery” are the key issues for the plaintiffs. He then mused that maybe the plaintiffs could reach an agreement for less relief than their lawsuit requests — if the defense is prepared to agree to such preservation efforts.</p>
<p>When asked what the government is willing to do here, a DOJ lawyer suggested the court credit a series of declarations filed that suggest the sued agencies are working to preserve what they can. She added that the government was “still in the process of working with the agencies to see what records they have.”</p>
<p>When pressed by the judge on the disappearing nature of some Signal messages, the government lawyer demurred about those details but said “the agencies are certainly looking to fulfill their obligations.”</p>
<p>A more sure answer came when the judge asked the DOJ lawyer about the Signal chats in question from the dates in question — and if the government was willing to preserve them.</p>
<p>“Yes, the agencies are working to preserve what they have,” the government’s attorney told Boasberg.</p>
<p>The judge and the DOJ’s lawyer ultimately agreed that preserving what the government has was an achievable goal, while recovering deleted messages might be a more thorny issue. And, when asked if a formal restraining order outlining such obligations would be too much of a burden, the government’s attorney did not answer in the negative.</p>
<p>During a much briefer time at the dais, American Oversight’s attorney generally appreciated what had earlier been agreed to but noted that the Signal group chat references other conversations.</p>
<p>The attorney said his client, as a regular FOIA requester, has “serious concerns about the use of the Signal messaging system.”</p>
<p>The judge acknowledged those concerns as valid, but steered the hearing toward issues of accord in line with the complaint.</p>
<p>“What I’m hearing from the government is they agree they can’t have record-keeping that violates the FRA,” Boasberg said.</p>
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<p>The judge told the parties he would issue a temporary restraining order enjoining the defendants “to preserve all Signal communications between March 11 and March 15 and then we’ll go forward from here.”</p>
<p>In what appeared to be another callback to the headwinds of his newfound national stature, Boasberg added, perhaps jokingly for the government’s benefit: “Don’t worry, it’ll be in writing.”</p>
<p>By Monday, the parties will have to provide a status report and declaration regarding steps taken to implement such preservation, the judge said. The temporary restraining order will last for an initial 14 days — but may be renewed as the court sees fit.</p>
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<p>The post <a href="https://homesafetytechpros.com/what-happened-during-hearing-over-signal-group-chat-lawsuit/">What happened during hearing over Signal group chat lawsuit</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Appeals court slams efforts to deport without due process</title>
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		<pubDate>Thu, 27 Mar 2025 04:04:46 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon). A federal court of appeals has upheld a temporary restraining that bars the government from summarily deporting immigrants without due process by citing an obscure wartime law. In a per curiam order, the U.S. [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/appeals-court-slams-efforts-to-deport-without-due-process/">Appeals court slams efforts to deport without due process</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512416" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512416" class="wp-image-512416 size-full" src="https://am23.mediaite.com/lc/cnt/uploads/2025/03/AP25064588870589-1.jpg" alt="President Trump address Congress." width="1200" height="627"/></p>
<p id="caption-attachment-512416" class="wp-caption-text">President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon).</p>
</div>
<p>A federal court of appeals has upheld a temporary restraining that bars the government from summarily deporting immigrants without due process by citing an obscure wartime law.</p>
<p>In a <a href="https://media.cadc.uscourts.gov/orders/docs/2025/03/25-5067.FINAL.2.pdf" target="_blank" rel="noopener">per curiam order</a>, the U.S. Court of Appeals for the D.C. Circuit tersely rejected the Trump administration’s bid for an emergency stay of the temporary restraining order issued on <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/" target="_blank" rel="noopener">March 15</a>, by D.C. District Court Chief <a href="https://lawandcrime.com/high-profile/judge-stymied-by-state-secrets-claim-in-deportation-case-will-oversee-lawsuit-against-trump-admin-over-group-chat-where-cabinet-members-divulged-military-plans/" target="_blank" rel="noopener">Judge James E. Boasberg</a>, a jurist who got his start under George W. Bush and who was later promoted by Barack Obama.</p>
<p>Each of the three judges on the three-judge panel, however, wrote separately to explain their votes. Circuit Judges Patricia Millett, an another Obama appointee, and Karen L. Henderson, a George H.W. Bush appointee, wrote concurrences. Circuit Judge Justin R. Walker, who was appointed by President Donald Trump, penned a dissent.</p>
<p>In the case before the court, the Trump administration claimed something not entirely unlike plenary authority to quickly deport immigrants using the <a href="https://www.law.cornell.edu/uscode/text/50/21" target="_blank" rel="noopener">Alien Enemies Act  (AEA) of 1789</a>. The law, which has not been used since World War II, has hitherto been understood to apply only during an actual war with another country. Its use by the Trump administration to target suspected foreign gang members poses a matter of first impression for the judiciary at large.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The law in question reads, in relevant part:</p>
<blockquote>
<p>Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.</p>
</blockquote>
<p>Henderson, for her part, believes in the historical understanding of how the law works through its conditional and operative clauses.</p>
<p>“Thus, the AEA vests in the President near-blanket authority to detain and deport any noncitizen whose affiliation traces to the belligerent state,” the judge wrote. “A central limit to this power is the Act’s conditional clause—that the United States be at war or under invasion or predatory incursion.”</p>
<p><a href="https://lawandcrime.com/high-profile/yall-couldve-picked-me-up-judge-rips-trump-admin-over-deportations-without-due-process-says-government-could-have-thrown-me-on-a-plane/" target="_blank" rel="noopener">To hear the Trump administration tell it</a>, however, the court’s authority to resolve AEA-related issues are beyond the scope of judicial review because they are so political in nature.</p>
<p>Henderson sharply rejected that claim – accusing the U.S. Department of Justice of misreading the U.S. Supreme Court precedent cited to make that un-reviewability argument.</p>
<p>“In no uncertain terms, the Court said the AEA ‘preclude[s] judicial review . . . [b]arring questions of interpretation and constitutionality,&#8221;” Henderson noted. “Questions of interpretation and constitutionality—the heartland of the judicial ken—are subject to judicial review.”</p>
<p>The judge also offered a new analysis of her own – in light of government claims that the word “invasion” in the statute applies to the current state of the U.S. immigration system because there are large numbers of “illegal” immigrants. This argument was also rejected.</p>
<p>“[T]he invasion must be ‘against the territory of the United States by any foreign nation or government,&#8217;” the judge observed. “The requirement that the ‘invasion’ be conducted by a nation-state and against the United States’ ‘territory’ supports that the Congress was using ‘invasion’ in a military sense of the term.”</p>
<p>The concurrence elaborates, at length:</p>
<blockquote>
<p>This should come as no surprise. The term “invasion” was well known to the Fifth Congress and the American public circa 1798. The phrase echoes throughout the Constitution ratified by the people just nine years before. And in every instance, it is used in a military sense. For example, the Guarantee Clause provides that “[t]he United States shall . . . protect each [State] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” The clause is a federal guarantee to the states against attack from without (invasion) or within (insurrection).</p>
</blockquote>
<p>In one small salve for the government, Henderson cited common law to suggest Boasberg might have to limit his temporary restraining order so that it does not apply to the president himself. Still, she said, the broader restraining order should stand for at least as long as the lower court fully briefs the issues.</p>
<p>“At this early stage, the government has yet to show a likelihood of success on the merits,” Henderson concluded. “The equities favor the plaintiffs.”</p>
<p>In her own concurrence, Millett also said the lower court was equipped to deal with the case on the merits at this stage – and chided the government for what appeared intentional efforts to remove the case from the court’s jurisdiction by its actions.</p>
<p>“The district court has been handling this matter with great expedition and circumspection, and its orders do nothing more than freeze the status quo until weighty and unprecedented legal issues can be addressed through a soon-forthcoming preliminary injunction proceeding,” Millett wrote. “There is neither jurisdiction nor reason for this court to interfere at this very preliminary stage or to allow the government to singlehandedly moot the Plaintiffs’ claims by immediately removing them beyond the reach of their lawyers or the court.”</p>
<p>Millett used especially strong language to take issue with the Trump administration’s interpretation of the AEA.</p>
<p>“[T]he government maintains that whether there has been an ‘invasion or predatory incursion’ of the United States and whether [the Venezuelan gang Tren de Agua] is a ‘foreign nation or government’ are committed to the President’s discretion,” the judge writes. “Not likely.”</p>
<p>Then judge then took a larger ax to the executive branch.</p>
<p>‘[T]he government is mistaken about the extent of unilateral Executive authority under the Constitution,” she goes on. “An assertion of exclusive Executive authority is ‘the least favorable of possible constitutional postures’ and it runs aground here on the express constitutional assignment of relevant authority to Congress.”</p>
<p>The government’s position in the AEA case also implicates fundamental constitutional rights; Millett says those issues have long since been decided and the government is wrong again here.</p>
<p>“Over one-hundred-and-fifty years ago, the Supreme Court addressed whether civilian courts could be closed just because the Executive declared an emergency,” the judge noted. “The Court said no.”</p>
<p>As for the basic claim advanced by the Trump administration, Millett rubbished the government for insisting the AEA could be used to deport people while at the same time suggesting anyone aggrieved by such a deportation could file a petition for a writ of habeas corpus.</p>
<p>“The government’s removal scheme denies Plaintiffs even a gossamer thread of due process, even though the government acknowledges their right to judicial review of their removability,” Millett concluded. “The district court’s temporary restraining orders have appropriately frozen the status quo until an imminent motion for preliminary injunction is filed. The district court acted well within its discretion in doing so. We lack jurisdiction to review the government’s motion to stay those orders, and the government’s jurisdictional objections to the district court’s actions do not raise a substantial question at this stage.”</p>
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