Tag Archives: Colin Kalmbacher

Law & Crime: ‘We have concerns’: Appeals court shoots down Trump DHS bid to continue carrying out ‘third country’ deportations

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A federal appellate court on Friday declined to lift a nationwide injunction that bars the Department of Homeland Security (DHS) from carrying out President Donald Trump’s plans to summarily deport immigrants to countries where they are not from, allegedly without due process.

The 1st Circuit Court of Appeals issued the ruling in a two-page order, denying an emergency motion from the government for a stay of an April 18 preliminary injunction. The three-judge panel determined that DHS failed to satisfy the criteria required for such relief, and the court has “concerns regarding the continuing application of the Department of Homeland Security’s March 30 Guidance Regarding Third Country Removals,” among other things, according to the order.

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The ruling stems from a class-action lawsuit filed by immigration advocates after DHS issued new guidance authorizing the removal of certain noncitizens to “third countries” not named in their immigration proceedings, and with which they allegedly have no historical or legal ties. The plaintiffs argued that the policy violates the due process clause of the Fifth Amendment, as well as obligations under the Convention Against Torture human rights treaty.

1st Circuit shoots down Trump DHS bid to continue ‘third country’ deportations
A federal appeals court on Friday declined to lift a nationwide injunction that blocks Trump’s plans to summarily deport immigrants to countries they are not from, allegedly without due process.
‘We have concerns’: Appeals court shoots down Trump DHS bid to continue carrying out ‘third country’ deportations

Law & Crime: ‘Not just incorrect’: Judge decimates DOJ’s ‘bad faith’ and ‘unreasonable’ effort to toss Jan. 6 defendant’s gun case over Trump pardon

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A federal judge in Baltimore pointedly rejected joint efforts by the government and a Jan. 6 defendant to apply President Donald Trump’s mass pardon to a related but discrete gun crime case.

In a 19-page memorandum and order, U.S. District Judge James Kelleher Bredar, a Barack Obama appointee, found several basic arguments wholly unconvincing. The judge also found one of the more complex arguments a bit underdeveloped and directed the parties to file additional motions, offering one last chance.

The court was, however, withering in its estimation of the government’s efforts to have the case dismissed so far.

“[A]s the record currently stands, the Court is unable to conclude that the Government is not acting in bad faith, and the parties will be directed to provide additional briefing,” Bredar intoned.

‘Not just incorrect’: Judge decimates DOJ’s ‘bad faith’ and ‘unreasonable’ effort to toss Jan. 6 defendant’s gun case over Trump pardon
“As the record currently stands, the Court is unable to conclude that the Government is not acting in bad faith,” the judge said — in one of many rhetorical jabs. The post ‘Not just incorrect’: Judge decimates DOJ’s ‘bad faith’ and ‘unreasonable’ effort to toss Jan. 6 defendant’s gun case over Trump pardon first appeared on Law & Crime.

https://www.msn.com/en-us/news/other/not-just-incorrect-judge-decimates-doj-s-bad-faith-and-unreasonable-effort-to-toss-jan-6-defendant-s-gun-case-over-trump-pardon/ar-AA1EuQ5b

Law & Crime: ‘Plaintiffs have not come close’: Trump-appointed judge allows government to enforce anti-DEI executive orders

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President Donald Trump won a rare victory at the district court level on Friday when a judge in Washington, D.C., allowed the government to move full steam ahead with a series of executive orders aimed at rooting out “diversity, equity, and inclusion” (DEI) initiatives.

On Feb. 19, the National Urban League and others sued the Trump administration over several executive orders ending DEI programs in federal government contracts, barring the government from contracting with vendors who have internal DEI programs or that “promote the idea that transgender people exist,” and directing administrative agencies to only recognize “two sexes.”

This needs to be appealed, at least in part. These items seem to me to violate the First and Tenth Amendments:

1. Barring the government from contracting with vendors who have internal DEI programs

2. Barring the government from contracting with vendors that promote the idea that transgender people exist

3. Directing administrative agencies to only recognize two sexes.

‘Plaintiffs have not come close’: Trump-appointed judge allows government to enforce anti-DEI executive orders
“The government does not abridge the right to free speech by choosing not to subsidize it, and that right does not permit Plaintiffs or anyone else to violate federal anti-discrimination law.” The post ‘Plaintiffs have not come close’: Trump-appointed judge allows government to enforce anti-DEI executive orders first appeared on Law & Crime.

https://www.msn.com/en-us/news/crime/plaintiffs-have-not-come-close-trump-appointed-judge-allows-government-to-enforce-anti-dei-executive-orders/ar-AA1E4Kh2

Law & 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

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President Donald Trump is attempting to dictate the rules for national elections in violation of both federal law and the U.S. Constitution, a lawsuit filed Monday in Washington, D.C., federal court alleges.

On March 25, the 45th and 47th president issued Executive Order 14248, titled: “Preserving and Protecting the Integrity of American Elections.” The order broadly seeks to reshape how elections are administered in the country by, among other things, purporting to enforce a requirement that all voters prove their citizenship by way of formal documentation and by putting a stop to vote-by-mail systems that count ballots postmarked by, but received after, Election Day.

The plaintiffs, led by the Democratic National Committee, claim in their 74-page lawsuit that the executive order “asserts unprecedented authority” for the presidency over election administration “on a host of topics.” And this effort, the lawsuit claims, contravenes a number of federal laws and the explicit constitutional carveouts for election authority granted to the states and U.S. Congress.

“In the United States of America, the President does not get to dictate the rules of our elections,” the complaint begins. “The Framers of our federal Constitution foresaw that self-interested and self-aggrandizing leaders might seek to corrupt our democratic system of government to expand and preserve their own power. They therefore created a decentralized system of elections based upon separated powers divided among the leaders elected by — and closest to — the people.”

‘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

‘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