Jon Seidel
@jonseidel.bsky.social
1.8K followers 53 following 200 posts
Federal Courts Reporter, @chicago.suntimes.com
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Perry notes "we haven't talked about the words 'regular forces,'" which appear in the law. She pushes for a definition.

Hamilton: "I think it's a reference to the status quo."
jonseidel.bsky.social
Chicago Mayor Brandon Johnson has taken a seat in the courtroom.
jonseidel.bsky.social
Hamilton pushes back and says "this is no Carrie Underwood song." He cites more serious incidents, including the claim of an IED.

Perry: "What was in that?"

Hamilton: "I don't know."
jonseidel.bsky.social
Perry cites the claims of "slashed tires" and "keyed cars."

"Some of this frankly sounds like a Carrie Underwood song."
jonseidel.bsky.social
Perry asks again whether, if the inability to execute the law is b/c of the feds' "own provocation, does that matter under the law?"

Hamilton: "No, if that were true, the fact still remains that we are seeing sustained violence against federal personnel and property in Illinois."
jonseidel.bsky.social
Perry: "For 19 years, Broadview had nothing but peaceful prayer vigils. … And then CBP shows up and then suddenly things take a turn for the worse."
jonseidel.bsky.social
Perry asks directly whether the feds started the alleged violence in Chicago.

She asks whether it matters if the inability to execute the law was "caused by the federal agents."

Hamilton: "No, your honor."
jonseidel.bsky.social
Perry: "I am very much struggling to figure out where this would ever stop, because the plaintiffs really believe that it's not going to just stop with that. You haven't told me it's just going to stop with that."
jonseidel.bsky.social
Perry: "You have not committed that they are only going to be deployed at federal property or in support of immigration and customs enforcement."
jonseidel.bsky.social
Perry is asking whether the law could be triggered by Illinois' sanctuary status.

Hamilton: "Well, so, it's a hypothetical. It's very different from the situation here."

Perry: "It's not. It's not a hypothetical."

She notes AG Pam Bondi has suggested just that.
jonseidel.bsky.social
Perry: "The president has made statements that could arguably be interpreted as stating that he believes elected state officials are impeding his ability to execute the law, is that a fair characterization?"

Hamilton: "Yes."
jonseidel.bsky.social
Hamilton: "I think that hypothetical is very far afield and would be a much, much harder case for a 12406 federalization."

Perry counters that "the problem is" Hamilton didn't confirm earlier that the Guard wouldn't be used to enforce drug laws.

"12406 could mean anything," she says.
jonseidel.bsky.social
Perry turns to the fact that drugs have been dealt in Chicago for decades in violation of federal law.

Perry asks if that means "the president has had the authority for decades to deploy the National Guard here?"

(I also believe she prefaced this hypothetical with "riddle me this.")
jonseidel.bsky.social
Perry: "You think that 'unable to execute the laws' doesn't mean 'unable to respond to legal violations.' It's 'unable to prevent legal violations.'"

Long pause from Hamilton, who eventually says the crime seen in Chicago "weights in favor of the president's conclusion."
jonseidel.bsky.social
Perry: "Every time someone doesn't show up for jury duty, they're engaging in rebellion."
jonseidel.bsky.social
Perry has turned to 10 USC 12406, and she's asking how to define "rebellion."

Hamilton suggests Perry doesn't have to define the term.

Perry: "I think I do. … I really do think I should know what the words mean."
jonseidel.bsky.social
Perry: This indicates to me a certain lack of credibility."
jonseidel.bsky.social
Hamilton says, "I have no idea."

Perry: "Those were the two people who were no-billed by the grand jury."
jonseidel.bsky.social
Perry turns to a paragraph in a declaration from the Trump administration:

"Are these the guns that were seized from Ray Collins and Jocelyne Robledo?"

(See above)
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Perry asks, what if the president is relying on "completely invalid evidence?"

"What if DHS folks are not tethered to reality in their assessment of events. Does that matter?"

Hamilton: "A couple points …"
jonseidel.bsky.social
Perry: "You all are reserving the right that they could do all the other things the president has said they'll be able to do. … When I try to nail down with you which specific of those things might still be on the table, you've kind of said, 'Well, I don't know.'"
jonseidel.bsky.social
Perry says she doesn't mind the expectation that she give the president deference. But she wonders what to defer to — legal briefs or public statements.
jonseidel.bsky.social
Perry acknowledges the legal briefs, "but also before the court are a whole lot of public statements on social media but also in press conferences."

She says there's a "very large disconnect" between the two.

"Which one do I credit?"
jonseidel.bsky.social
But Perry pushes Hamilton on public statements by President Trump.