OK - back in AAUP v Rubio trial. Judge Young asked the 1st Circuit to lift stay, and now they have. Today, end of evidence and closings scheduled. Inner City Press covers the case (including in 2d 1/2 of the below) & will live tweet, thread below
Inner City Press
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Trump ICE Rock Blues by Matthew Russell Lee ICE on the farm / In convoys Growing pot / They found some lost boys Amid arrests / Rocks flying Vows to crack down / Some families crying Khalil in case / Whose speech is chilling? HSI's Hatch / Cool under grilling
Judge Young: I have four binders. Do you object to these? DOJ lawyer: Of course. Yes. Judge Young: What are the objections? DOJ lawyer: Mr. Wilson, plaintiffs did not call him as a witness, he was available, they are trying to circumvent the rules
Plaintiffs' lawyer Conlon: Mr. Wilson reports to Mr. Armstrong, and would remember details that Mr. Armstrong couldn't recall. Judge: I'll take it under advisement. I acknowledge more filings. Shall we take a breath? Yes.
Judge Young: The US Marshals never wore masks, even when enforcing the escape slave laws? One was beaten to death in this city. But they never wore masks. So isn't it a fair inference that ICE wears masks to instill fear? DOJ lawyer: But- Judge: Hear me out
DOJ lawyer: You are the fact finder, you are drawing the inferences. I point to the HSI officers who testified about this practice. These are detectives- Judge Young: Don't beat around the bush. DOJ lawyer: They are undercover Judge: Not on Ozturk A: True
DOJ lawyer: But they are undercover in other cases... The plaintiffs here are like Don Quixote, they imagine there are monsters. But the arrests here was the product of the analysis of long time agents- Judge Young: In ways never before seen
DOJ's lawyer: These arrests were based on speech and conduct. The plaintiffs have been knocked off their horse [like Don Quixote]. Even if there were such a policy, how does it harm these plaintiffs? Judge Young: I've got to reflect. Maybe it's concerted action
Judge Young: The President raises concerns about campus protests. He doesn't have errant knights. He has Stephen Miller. The law is used in new and somewhat different ways. So I've pressed the plaintiffs on intent.
Judge Young: The professors say they were concerned about traveling, after they read the media about the arrests, with the media largely portraying them as unjustified. I've only given standing to those in the zone of interest: non-citizens
Judge Young: The President says a lot of things, about Elon Musk, about Mr. Schiff - those are not my cases. One imagines the President didn't know about Mahmoud Khalil. But if Cabinet members tried to please the President, don't have I have consider that? A: No
DOJ lawyer: Anxiety is not about the restriction on freedom, it's about abundance of freedom. Article III court do not deal in the nebula of anxiety. The injury in fact requirement is not met here. I have two minutes - have we heard AAUP or NYU? No. They've gone
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