Joe 👻 BOO! 👻 dek
@joedudekjd.bsky.social
6.5K followers 870 following 11K posts
Maryland attorney specializing in appeals and insurance coverage.
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joedudekjd.bsky.social
Judge Immergut was more eloquent, but to be fair, I had a character limit.
joedudekjd.bsky.social
John Langdon, the first president pro tem. of the Senate, would have been 234 years old.
joedudekjd.bsky.social
“The Founders created the Senate that way” in *checks notes* 1975.
ringwiss.bsky.social
“And that’s why we nuked it twice in the past month.”
joedudekjd.bsky.social
Surrounded by like nine lawyers for five hours, and not one of them knows what to do, really.
joedudekjd.bsky.social
And these days, the folks who could really manage these cases have been purged from government for being too woke.
joedudekjd.bsky.social
I still think the Trump DOJ is failing to produce competent witnesses here more out of incompetence than out of contempt — the lawyers in charge just cannot navigate agency structure and law. But as Judge Xinis’s “two strikes” comment suggests, they’re running out of time to learn their jobs.
klasfeldreports.com
Judge Xinis shows her frustration at the Trump DOJ.

"See, Mr. Ensign, this is the problem that I have."

She notes that her order demanded a witness who could deliver answers on Costa Rica.

"You come today with a witness that knows nothing about Costa Rica."
joedudekjd.bsky.social
Holy footnote, Batman!

Hamilton: What kind of stupid, self-defeating, tyrannical maniac would send the National Guard hundreds of miles from home to oppress people in other states?! Sit down, Don.
1
 “A sample of this is to be observed in the exaggerated and improbable suggestions which have taken 
place respecting the power of calling for the services of the militia. That of New-Hampshire is to be 
marched to Georgia, of Georgia to New-Hampshire, of New-York to Kentuke and of Kentuke to Lake 
Champlain. Nay the debts due to the French and Dutch are to be paid in Militia-men instead of Louis 
d’ors and ducats. At one moment there is to be a large army to lay prostrate the liberties of the people; at 
another moment the militia of Virginia are to be dragged from their homes five or six hundred miles to 
tame the republican contumacy of Massachusetts; and that of Massachusetts is to be transported an equal 
distance to subdue the refractory haughtiness of the aristocratic Virginians. Do the persons, who rave at 
this rate, imagine, that their art or their eloquence can impose any conceits or absurdities upon the people 
of America for infallible truths? If there should be an army to be made use of as the engine of despotism what need of the militia? If 
there should be no army, whither would the militia, irritated by being called upon to undertake a distant 
and hopeless expedition for the purpose of rivetting the chains of slavery upon a part of their countrymen 
direct their course, but to the seat of the tyrants, who had meditated so foolish as well as so wicked a 
project; to crush them in their imagined intrenchments of power and to make them an example of the just 
vengeance of an abused and incensed people? Is this the way in which usurpers stride to dominion over a 
numerous and enlightened nation? Do they begin by exciting the detestation of the very instruments of 
their intended usurpations? Do they usually commence their career by wanton and disgustful acts of 
power calculated to answer no end, but to draw upon themselves universal hatred and execration? Are 
suppositions of this sort the sober admonitions of discerning patriots to a discerning people? Or are they 
the inflammatory ravings of chagrined incendiaries or distempered enthusiasts? If we were even to 
suppose the national rulers actuated by the most ungovernable ambition, it is impossible to believe that 
they would employ such preposterous means to accomplish their designs.” 
The Federalist No. 29, at 186-187 (Alexander Hamilton) (Jacob Ernest Cooke ed., 1961).
joedudekjd.bsky.social
“He’s our friend from another Con” is just a premium sentence, in that it implies that the ICE protests are simply another niche interest convention.
oregonian.com
Things are happening at Portland's ICE facility tonight.

Read more of our protest coverage here: www.oregonlive.com/crime/2025/1...
joedudekjd.bsky.social
Again, DOJ and ICE insisted that Abrego Garcia’s case would be handled by field officers in the ordinary course. Yet here they are invoking executive privilege over relevant communications, because OF COURSE the White House is pulling strings.
rparloff.bsky.social
R: is that the group deciding where to send Abrego?
S: i dont know
R: who made uganda decision
S: dont know
R: what was sum & substnace of this case ~aug. 25?
S: uganda had been identified as destination for abrego. 5 minutes maybe.
obj - presidential communication
/119
joedudekjd.bsky.social
That is not how a document refreshes one's recollection. Like, even if the witness has changed his testimony, that's not what that phrase means.
rparloff.bsky.social
G: you have petitioners Exhibit 1: costa rica letter?
S: yes
G: you said that's first you'd seen it. i'd like you to use document to refresh witness's recollection
J: is this first time you've seen?
S: yes.
J: sure?
S: yes
J: no question in your mind?
S: [correct]
J: then nothing to refresh

/159
joedudekjd.bsky.social
The good news about this Bivens claim is that the caption can sue the “Unknown Named Agents.”
joedudekjd.bsky.social
I have found Justice Kavanaugh’s “brief encounter.”
thetnholler.bsky.social
EL PASO — a family says ICE showed up at their house looking for migrants and shot and KILLED THEIR DOG, then didn’t help them as the agent ran away and was not identified.

kfoxtv.com/news/local/e...
joedudekjd.bsky.social
She's so bloody good at her job. This question about the A-file is a relatively tiny detail from a hearing months ago.
bsky.app/profile/rpar...
rparloff.bsky.social
R: i'm going to ask for the ghana MOU. he said he relied on it.
Guynn: he didn't say he relied on it
J: we'll deal with that later.
R: you know what an I-241 is?
Judge: the 5 hrs you spent. all with counsel? or did you prepare independently.
S: all with counsel
J: did you review A-file?
S: no

/71
joedudekjd.bsky.social
I'm old enough to remember two months ago when the same lawyers and ICE insisted that the White House would not be involved in Abrego Garcia’s deportation. @annabower.bsky.social has a youthful glow, but I think she's old enough, too.
rparloff.bsky.social
S: we were notified that uganda was the country.
R: who?
S: so i was told from HLS council.
R: who is that?
S: spoke to matt ochoa . work with National sec Council at White House
Ochoa.
R: when did he contact you?
S: august 24

/54
joedudekjd.bsky.social
ROFL: OK, well, do you maybe work with someone who knows something relevant?
bsky.app/profile/rpar...
rparloff.bsky.social
R: any other involvewment whatsoever prior to tuesday?
S: dont recall if i did
R: and you spewnt some time preparing for your testimony, too?
S: yes
R: if you had involvement, expect you to be aware of it, right?
S: yes
R: somebody in your office has been involv ed in abrego's case, correct?

/51`
joedudekjd.bsky.social
Deja vu: The person that DOJ brings to talk about Abrego Garcia’s case is not involved in Abrego Garcia’s case. Again.
rparloff.bsky.social
Rand: over last couple months you've had responsibility for Costa Rica?
yes.
R: for Uganda?
yes
R: Eswatini?
yes
R: Ghana?
yes.
R: personal involvement with abrego case?
i know of this case yes.
R: personally involved before this week?
S: not actively.

/48
joedudekjd.bsky.social
When the U.S. government sends you to a torture prison, you might be reasonably afraid that wherever they send you next will also torture you.
rparloff.bsky.social
G: he expressed fear of ever African country?
S: yes.
G: every Central American country, including Costa Rica?
S: yes.
...
G: what's yur understanding of representations Eswatini has made about how aliens will be treated once they arrive?
S: they'll be safe from torture or refoulement

/31
joedudekjd.bsky.social
Especially when he's playing third-fiddle to Drew Ensign of all people.
bsky.app/profile/rpar...
rparloff.bsky.social
All rise.
US District Judge Paula Xinis is on the bench.
Attys giving appearances.
Lead Abrego atty today: Andrew Rossman
Lead DOJ: Jonathan Guynn. The DOJ atty I couldn't ID is Drew Ensign.
/15
joedudekjd.bsky.social
It really stinks that Ernesto Molina, Jr., who is a great immigration lawyer, is being sidelined as basically a consultant / pseudo expert witness in this case.
rparloff.bsky.social
For DOJ I see Bridget O'Hickey (counsel to the Asst AG), Ernesto Molina, Jr. (deputy director of office of immigration litigation), and, I think, 2 others, but I can't yet ID them.
/12
Reposted by Joe 👻 BOO! 👻 dek
rparloff.bsky.social
At 11am I will try to live-blog, for @lawfaremedia.org , the hearing in Abrego Garcia’s civil (habeas corpus) case in federal court in Greenbelt MD. Abrego is seeking release from detention under a SCOTUS precedent called Zadvydas v Davis (2001). ...
/1
tile.loc.gov/storage-serv...
joedudekjd.bsky.social
If this were in any sensible publication, it would have been a listicle of Trump’s murders, troop deployments, and refusals to accept a rules-based international order. But in the Post, it is “because they chose the winner before the Gaza ceasefire.” 🤡
memeorandum.com
Why Trump wasn't awarded Nobel Peace Prize for Israel-Hamas cease-fire deal (Chris Nesi/New York Post)

Main Link | memeorandum Permalink
joedudekjd.bsky.social
Sure, but what idiot would make a constitutional interpretive theory based on original public meaning?
narosenblum.bsky.social
As we read the evidence, bounding that dissensus does allow us to make at least one strong negative claim: there was no consensus that executive power included an indefeasible removal power. (2/2)
Disagreement and Historical Argument or How Not to Think About Removal
Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as Pres
papers.ssrn.com