A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.

If any planes were already in the air, the judge said, they should turn back.

That did not happen. Instead, the Trump administration sent more than 200 migrants to El Salvador over the weekend, including alleged gang members, on three planes.

A New York Times review of the flight data showed that none of the planes in question landed in El Salvador before the judge’s order, and that one of them did not even leave American soil until after the judge’s written order was posted online.

  • mkwt@lemmy.world
    7·
    20 hours ago

    1. The judge was really pissed off. He is requiring sworn affidavits that prove that everyone on plane #3 has some valid basis for removal that is not AEA.

    2. The government argues that planes #1 and #2 departed before the written order was entered (judge gave the oral order in court at around 6:45, written order about 45 minutes later). They listed some cases about validity of oral bench injunctions.

    3. The government is pissed off with the judge. They filed these really extraordinary emergency appeals in the middle of the night in the weekend. Normally, you can’t appeal a TRO, because they’re so temporary. They wanted the appeals court to judicially bitch slap the district judge, but that didn’t happen. The appeals court is instead going to consider the appeal on an expedited, but still normalish briefing schedule.

    Overall, some very exciting litigation filings going on in all of these cases, and a bunch of pissed off judges.

    You can check out the Venezuelan case here and here. And Mahmoud Khalil’s habeas petition here, where Khalil’s lawyers just seriously impeached the credibility of Joyce’s sworn affidavits.