DOJ contends judge didn’t have authority to order return of 2 deportation flights
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(WASHINGTON) — The Trump administration is standing its ground in the ongoing dispute about whether it willfully violated a court order last week, arguing in a court filing late Tuesday that a federal judge’s directive to turn around two deportation flights was not a binding order.
In a 14-page filing, lawyers with the Department of Justice argued that U.S. District Judge James Boasberg’s oral directive was “not enforceable as an injunction” when the judge ordered that the government turn around two deportation flights on their way to El Salvador after the Trump administration invoked the Alien Enemies Act to deport more than 200 alleged Venezuelan gang members without due process.
The government failed to turn the flights around, and an official subsequently acknowledged that “many” of the detainees did not have criminal records in the United States.
“[A]ny any order that restrained the invocation of the Proclamation could not have thereby compelled the President to return foreign terrorists from outside the United States — and any governmental refusal to do so was thus not a violation of the Court’s orders,” Deputy Assistant Attorney General Drew Ensign wrote in Tuesday’s filing.
At no point in the filing did the Trump administration argue it complied with the court’s oral directive to return the two flights of Venezuelan migrants, which was issued from the bench at approximately 6:45 p.m. ET last Saturday; instead, the DOJ lawyers attacked the authority of the bench ruling while insisting they complied with the court’s written order that was issued later that evening.
“It is well-settled that an oral directive is not enforceable as an injunction,” Ensign wrote. “There are powerful, common-sense reasons why only written injunctions are binding.”
Because Judge Boasberg did not mention the return of the flights in his written order — issued at approximately 7:25 p.m. ET on Saturday — Ensign argued that the Trump administration may have believed the judge changed his mind.
“When the written order did not include that command, the Government could reasonably have understood that as reflecting the Court’s more considered view in a quickly evolving situation,” the filing said.
According to DOJ lawyers, the flights carrying the alleged members of Venezuelan gang Tren de Aragua were outside of U.S. airspace when the judge issued his written order, meaning Judge Boasberg lacked the authority to turn the flights around.
“Here, any members of the putative class aboard the referenced flights had already left the United States when the minute order was entered, and thus had already been removed. No court has the power to compel the President to return them, and there is no sound basis to read the Court’s minute order as requiring that unprecedented step,” Ensign wrote.
DOJ lawyers also slammed Judge Boasberg’s authority to redirect the flights, arguing the directive is an “astonishingly ultra vires exercise of judicial power” that conflicts with “basic constitutional principles.”
“The President’s ultimate direction of the flights at issue here — especially once they had departed from U.S. airspace — implicated military matters, national security, and foreign affairs outside of our Nation’s borders. As such, it was beyond the courts’ authority to adjudicate,” the filing said.
On Monday, a federal appeals court heard arguments from the Trump administration seeking to overturn Boasberg’s block on the use of the Alien Enemies Act for deportations. The appeals court did not issue an immediate ruling.
(NEW YORK) — A mother in Alabama has been arrested and charged with the alleged murder of her 4-month-old son after an autopsy found that he had been severely injured, police said.
On Jan. 25, the Chambers County emergency dispatch center received a 911 call at approximately 1:55 PM in reference to a 4-month-old infant having a seizure at a residence in the Old Jackson Heights Housing Project in Lanett, Alabama, according to a statement from the Lanett Police Department.
“The East Alabama Fire Department was contacted for mutual aid and transported the black male infant to East Alabama Medical Center (EAMC),” authorities said. “The child’s condition was assessed by the medical staff at EAMC and then flown to the Children’s of Alabama Hospital in Birmingham. Alabama.”
The 4-month-old boy, however, died in the hospital just four days later and was taken to the Alabama Department of Forensic Science Medical Lab in Montgomery, Alabama to undergo an autopsy about what caused his death after police suspected fould play and said “the circumstances of the child’s death are under investigation by the Lanett Police Department.”
On Wednesday, the Lanett Police Department announced that the boy’s mother — 26-year-old Jamesia Brichae Pruit of Valley, Alabama — was arrested and charged with the alleged murder of the infant.
Police did not disclose the extent of the injuries the boy suffered but did confirm that this case remains under investigation and has asked for anyone with information regarding this case to contact the Lanett Police Department.
(NEW ORLEANS) — The anticipation surrounding Super Bowl LIX in New Orleans is not just about which team will win, it’s whether or not the city can pull the game off without a serious security breach.
New Orleans has hosted 10 Super Bowls in previous years, but Sunday’s game at the Superdome is different. Just over a month before Sunday’s kick-off, the city was the target of a terrorist attack on New Year’s Day in which a driver racing down Bourbon Street killed 14 people, injured 57 others, and heightened fears among locals that the city is unprepared for the estimated 100,000 visitors expected to arrive this week.
“New Orleans never had a reputation as a high target type place” for terrorism, “it was always ‘the Big Easy,'” said Eric Cook, executive chef and owner of St. John, a restaurant in the city’s Central Business District that is just a short walk from the stadium. The attack, he said, “really made everyone realize we’re all vulnerable at any time. I have concerns about it, I really do.”
Security concerns were heightened this week after President Donald Trump announced he is planning to attend the game, a first for any sitting president.
NFL Chief Security Officer Cathy Lanier said the NFL changed its security plan since the attack and is “constantly monitoring what is going on in the environment and security worlds” in the days leading up to the game. She said more than 2,700 state, federal, and local law enforcement will be present in and around the Superdome and private drones are prohibited. She declined to talk in specific about other measures the league is taking, citing security concerns.
In the weeks following the Bourbon Street attack, the FBI gave the game a Special Event Assessment Rating (SEAR) 1 rating, “defined as a significant event with national and/or international importance that requires extensive federal interagency support,” according to a threat assessment the agency released in late January.
The FBI said the game, along with days of activities leading up to kick-off, make it “an attractive target for foreign terrorist organizations, homegrown violent extremists, domestic violent extremists, lone offenders, hate crime perpetrators, and those engaged in other reportable targeted violence due to their potential to cause mass casualty incidents and draw attention to ideological causes.”
The report warns that a copycat attack is possible since “vehicle ramming has become a recurring tactic employed by threat actors in the west.” Other factors contributing to the threat environment is unrest in the Middle East, the high number of pre-game events in the city, the use of unauthorized unmanned aircraft systems, and the potential of cyberattacks “designed to facilitate short-term financial gain or highly visible, symbolic disruptions.”
Eric DeLaune, a special agent in charge of Homeland Security Investigations in New Orleans, is tasked with coordinating federal efforts around the Super Bowl. “In the days ahead, there will be a significant increased law enforcement presence in New Orleans, some of which will be visible and obvious,” he told reporters Monday.
A congressional delegation led by Alabama Rep. Dale Strong, the chair of the House Homeland Security Subcommittee on Emergency Management and Technology, this week toured the site of the Bourbon Street attack and the Superdome before a briefing by the NFL and law enforcement officials.
“This tragedy could happen in any state, any city—that is why it is so important that we invest in local law enforcement and give them the capabilities they need to prevent crimes before they happen,” Strong said in a statement
Guns allowed, but not coolers
The Bourbon Street attack triggered a state of emergency from the state, which Gov. Jeff Landry followed up weeks later with an executive order that established a wide security perimeter around Bourbon Street, from Canal to St. Ann Streets and Royal to Dauphine Streets. Coolers and ice chests are prohibited and bag checks conducted by the Louisiana State Police will start Wednesday at every entry point leading to Bourbon Street.
For French Quarter residents like Glade Bilby, who has called the neighborhood home for more than 40 years and is president of French Quarter Citizens, a non-profit that focuses on quality of life issues, the added security is “welcome.” He said, however, the security focus on Bourbon Street is limiting.
Another attack “could happen anywhere,” he said. “If this happened on Barracks, Gov. Nichols, it still affects the French Quarter which is an international brand. If you’re really intent on doing evil, you’ll be able to do it no matter what.”
Bilby is among many here who have been vocal all week about the contraction established by Landry which prohibits coolers into the security perimeter while state law allows people to carry in firearms without a permit. “That’s very problematic. It ties one hand behind law enforcement’s back,” Bilby said.
When Landry took office last year, he signed into law legislation to allow for the carrying of a concealed handgun without a permit or training. He rejected pleas from lawmakers in New Orleans to make the French Quarter and other entertainment districts in the city exempt. That means, according to Metropolitan Crime Commission President Rafael Goyeneche “there’s nothing that can be done legally with respect to people bringing firearms into the French Quarter.”
If law enforcement discovers a checked bag contains a handgun, “they have no recourse but to let them walk into the French Quarter, and that poses a real threat,” Goyeneche told WWL radio last month.
Landry’s office did not immediately respond to ABC News’ request for comment. He has not commented on rejecting the carve-out on his gun legislation for the French Quarter but said upon signing the gun bill: “It’s fundamentally clear—law-abiding citizens should never have to seek government permission to safeguard themselves and their families.”
New Orleans City Councilmember Joe Giarrusso said the city will continue to advocate to state lawmakers that an exception should be made to prohibit conceal carry in the French Quarter because the environment is so unique.
“You have so many tourists packed into a small space and we’re encouraging people to drink alcohol inside and outside. That’s the ethos of what is going on there,” he said. “Alcohol and guns don’t mix. This is not a partisan issue.”
Investigations pending
Besides the refusal to carve out the French Quarter as a gun-free zone, concerns remain that the city hasn’t learned a lesson from the security gaps that safety officials have said made it easier for Shamsud-Din Jabbar, a U.S.-born citizen from Texas, to drive a truck for at least three blocks in the early morning of New Year’s Day.
Two investigations — one by the city council and a second launched by Louisiana Attorney General Liz Murrill — are looking into why protective columns designed to block vehicle traffic were removed and why other anti-vehicle barriers were not deployed.
“The People of Louisiana deserve answers,” said Murrill. “We are committed to getting a full and complete picture of what was done or not done, and more importantly, what needs to change so we can prevent this from ever happening again.”
New Orleans Police Superintendent Anne Kirkpatrick told the city council she hired former New York Police Commissioner William J. Bratton to serve as a consultant to investigate the security lapses.
Bratton did not immediately respond to ABC News’ request for comment on the investigation.
Still, for all the promises and pending investigations and final reports, the big game will still proceed Sunday. Cook said an outcome without a major safety incident will be critical for businesses like his own that saw traffic drop following the New Year’s Day attack.
“We hope the success of this weekend will generate more trusting folks to come down here and visually see that New Orleans is open for business and we’re safe and we’re prepared,” Cook said.
Giarrusso admitted that New Orleanians are “weary and wary” but have no choice but to move forward.
“The whole point of terrorism is to prevent people from doing what in free society people are allowed to do,” he said. “We have to find a sweet spot of finding reasonable safety protection for people and ensuring we’re leading our lives the way we’re supposed to.”
(WASHINGTON) — A federal judge on Friday will consider issuing a temporary restraining order to block the dismantling of the United States Agency for International Development, the embattled agency that handles foreign aid, disaster relief and international development programs.
Two foreign service unions are suing the federal government as the Trump administration attempts to reduce USAID’s workforce from 14,000 to only 300 employees.
The American Foreign Service Organization and the American Federation of Government Employees filed the lawsuit in D.C. federal court Thursday, alleging that President Donald Trump engaged in a series of “unconstitutional and illegal actions” to systematically destroy USAID.
“These actions have generated a global humanitarian crisis by abruptly halting the crucial work of USAID employees, grantees, and contractors. They have cost thousands of American jobs. And they have imperiled U.S. national security interests,” the lawsuit said.
The plaintiffs said Trump has unilaterally attempted to reduce the agency without congressional authorization, arguing that Congress is the only entity with the authority to dismantle USAID.
The lawsuit reads like a timeline of the last two weeks, laying out each step that formed the groundwork to break USAID, beginning with Trump’s first day in office. Shortly after Trump froze foreign aid via an executive order on his first day, he began to target USAID by ordering his State Department to begin issuing stop work orders, the lawsuit said.
“USAID grantees and contractors reeled as they were — without any notice or process — constrained from carrying out their work alleviating poverty, disease, and humanitarian crises,” the lawsuit said.
Next came the layoffs, the lawsuit alleges, with thousands of contractors and employees of USAID losing their jobs, leading medical clinics, soup kitchens, and refugee assistance programs across the world to be brought “to an immediate halt.”
“The humanitarian consequences of defendants’ actions have already been catastrophic,” the lawsuit said.
The lawsuit alleges the Department of Government Efficiency and Elon Musk — who boasted about “feeding USAID into the woodchipper” — made the final move to gut the agency, locking thousands of employees out of their computers and accessing classified material improperly.
While each step to dismantle the organization differed, the lawsuit alleged that they were unified by one thing: “Not a single one of defendants’ actions to dismantle USAID were taken pursuant to congressional authorization.”
The plaintiffs have asked the court to declare Trump’s actions unlawful and issue an order requiring the Trump administration to “cease actions to shut down USAID’s operations in a manner not authorized by Congress.”
