Fed. judge says gov't filing in AEA case--which was filed, but tardy--is "woefully insufficient."

[mahatmakanejeeves]

Reposted by Aaron Reichlin-Melnick

Gabriel Malor
‪@gabrielmalor.bsky.social‬

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NEW: In the AEA/Venezuelan kidnapping case, fed. judge says gov't filing—which was filed, but tardy—is "woefully insufficient."

Orders a sworn declaration by tomorrow at 10am. Also orders gov't to show cause why they haven't violated the TRO.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.47.0_1.pdf
1. By March 21, 2025, at 10:00 a.m., Defendants shall submit a sworn declaration by a
person with direct involvement in the Cabinet-level discussions regarding invocation
of the state-secrets privilege;
2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not
the Government is invoking the privilege;
3. By March 25, 2025, Defendants shall file a brief showing cause why they did not
violate the Court’s Temporary Restraining Orders by failing to return class members
removed from the United States on the two earliest planes that departed on March 15,
2025; and
4. Plaintiffs may file any response to such brief by March 31, 2025.
/s/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge
Date: March 20, 2025
ALT
March 20, 2025 at 4:01 PM

NEW: In the AEA/Venezuelan kidnapping case, fed. judge says gov't filing—which was filed, but tardy—is "woefully insufficient."

Orders a sworn declaration by tomorrow at 10am. Also orders gov't to show cause why they haven't violated the TRO.

storage.courtlistener.com/recap/gov.us...

— Gabriel Malor (@gabrielmalor.bsky.social) 2025-03-20T20:01:17.482Z

The Court, accordingly, ORDERS that:

1. By March 21, 2025, at 10:00 a.m., Defendants shall submit a sworn declaration by a
person with direct involvement in the Cabinet-level discussions regarding invocation
of the state-secrets privilege;
2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not
the Government is invoking the privilege;
3. By March 25, 2025, Defendants shall file a brief showing cause why they did not
violate the Court’s Temporary Restraining Orders by failing to return class members
removed from the United States on the two earliest planes that departed on March 15,
2025; and
4. Plaintiffs may file any response to such brief by March 31, 2025.

/s/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge
Date: March 20, 2025