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Dave Byrnes

@djbyrnes1.bsky.social

4.6K followers 120 following 3.1K posts

Forklift-certified journalist in Chicago. Politics, courts & labor. Words in the Chicago Reader, Unraveled Press, The TRiiBE, Courthouse News Service and some other ones I forget right now. All opinions & bad jokes my own. DM me for news tips/Signal info.

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Dave Byrnes @djbyrnes1.bsky.social · 8h

Anyway happy thursday, happy TROsday. More Midway Blitz-related court news coming tomorrow as well.

Dave Byrnes @djbyrnes1.bsky.social · 8h

He made remarks about TX guardsmen playing tourist in Illinois, and otherwise said,

“It is up to the defendants to make certain they abide by the judge’s order."

Not sure how that will go.

Dave Byrnes @djbyrnes1.bsky.social · 8h

It's also unclear to me how IL and Chicago plan to enforce the order, other than expecting the Trump admin to abide by it in good faith.

Other reporters and I asked IL Attorney General Kwame Raoul about enforcement after the court hearing, and he mostly sidestepped giving a substantive answer.

Dave Byrnes @djbyrnes1.bsky.social · 8h

The Trump admin is also expected to appeal. Govt. counsel even asked Perry for an administrative stay on the order pending appeal, which the judge didn't grant.

This will probably soon end up before the 7th Circuit appellate court - which has a fair share of conservative judges.

Dave Byrnes @djbyrnes1.bsky.social · 8h

For one, this is a *temporary restraining order.* it expires in two weeks, hence why Perry ordered a hearing on its possible extension on Oct. 22. It's not a permanent injunction on national guard federalization / deployment in Illinois.

Dave Byrnes @djbyrnes1.bsky.social · 8h

I know a lot of people are still absorbing judge Perry's order against national guard deployment in Illinois. A couple things to keep in mind:

Dave Byrnes @djbyrnes1.bsky.social · 9h

Looks like we didn't have to wait for tomorrow for the written order: bsky.app/profile/jons...

Jon Seidel @jonseidel.bsky.social · 11h

U.S. District Judge April Perry's temporary restraining order is in:

Dave Byrnes @djbyrnes1.bsky.social · 9h

Looks like we didn't have to wait for tomorrow for the written order: bsky.app/profile/jons...

Jon Seidel @jonseidel.bsky.social · 11h

U.S. District Judge April Perry's temporary restraining order is in:

Reposted by Dave Byrnes

Jon Seidel @jonseidel.bsky.social · 11h

U.S. District Judge April Perry's temporary restraining order is in:

Dave Byrnes @djbyrnes1.bsky.social · 12h

With that, Perry's off the bench. Formal written order coming tomorrow. We'll see if the national guard shows up at the fed courthouse anyway.

Still not sure what the "in part" referred to when she said she was granting the restraining order "in part."

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry asks the govt's counsel if they would potentially seek to send other state's national guard to Illinois if she used narrower language for the restraining order.

Counsel says yes.

"Ok, then I'm gonna go with the broader language," Perry says.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Attys for IL also ask for the restraining order to apply to 14 California national guard troops they say are currently in Illinois subject to another mobilization order from June.

Dave Byrnes @djbyrnes1.bsky.social · 12h

IL atty Chris Wells says this is to prevent a circumvention of the courts similar to what the Trump administration attempted in Oregon; what Wells calls the administration "engag[ing] in flanking maneuvers" against courts that disagree with them.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Attys for IL and Chicago have reviewed the proposed order and are requesting more guardrail language to prevent the deployment of Texas or any other state's guard to Illinois. Perhaps just using the catch-all of "United States" national guard.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry back on the bench.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Ok, Perry's done for the moment. On a brief break.

Dave Byrnes @djbyrnes1.bsky.social · 12h

She says deploying national guard members untrained in de-escalation would "add fuel to the fire the defendants themselves have started."

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry also finds deploying the national guard would "likely to lead to civil unrest," and adds ICE agents behavior "has itself caused a significant increase in protest activity."

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry finds that federal agents in Chicago are still accomplishing their mission, even without the national guard here.

"Deportations are up. Arrests are up... the federal laws are being executed," she says.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Side note: sorry if this seems a little scattershot compared to my coverage of Judge Ellis' hearing on the TRO case; Perry talks fast and I'm having trouble grabbing quotes.

Dave Byrnes @djbyrnes1.bsky.social · 12h

"I see no credible evidence there is a danger of rebellion in the state of Illinois," Perry adds.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry now going over when the president can and cannot authorize mobilizing the federal guard.

The judge says "the defendants are not entitled to deference" re: what constitutes "rebellion," an aspect of Trump's justification for guard mobilization that the defense counsel had trouble defining.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry cites the TRO won against federal agents in Judge Sara Ellis' courtroom this week for 1A and 4A violations, as well as criminal cases recently dismissed against protestors.

These cases "cast significant doubt" on DHS' account of what is happening in Chicago, Perry says.

Dave Byrnes @djbyrnes1.bsky.social · 12h

Acknowledging that vandalism and attacks on ICE agents have likely occurred, Perry still finds that DHS' version of events is "simply unreliable."

Dave Byrnes @djbyrnes1.bsky.social · 12h

Perry says that besides protests, ICE officials have informed local police of incidents of ICE vehicles' tires being slashed and sugar or other substances poured into gas tanks.

Dave Byrnes @djbyrnes1.bsky.social · 13h

Perry now giving a timeline of the last few weeks of protests at Broadview, noting that after weeks of escalation, DHS did not need to intervene with the crowd on Oct. 4.

"Despite this," Perry notes, Trump issued a memo the same day authorizing the federalization of IL natl guard.