Lori Schoenberg
@lbschoenberg.bsky.social
310 followers 1.1K following 460 posts
Immigration lawyer, occasional community organizer, less occasional baker, with a spouse and two feline overlords. Native NYer, longtime LA transplant.
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lbschoenberg.bsky.social
Oh, I am sure that they are. Plaintiffs are the state of Illinois, represented by the Illinois AG’s office.
lbschoenberg.bsky.social
To the district court, in this instance. DHS violated a court order, issued yesterday, prohibiting the agency from detaining and abusing journalists in this manner. This may form the basis for contempt proceedings. bsky.app/profile/heid...
heidikitrosser.bsky.social
Painful to hear the fear in her voice as she says, "let them know." And as others have noted, this seems to violate Judge Ellis's order issued just yesterday about arresting journalists & also about unnecessary physical force. (See 1(a) and 1(h) of order). storage.courtlistener.com/recap/gov.us...
lbschoenberg.bsky.social
I didn’t even see that the first time that I saw the video. What possible reason could CBP have for pulling her pants down in the middle of the street?
lbschoenberg.bsky.social
I get that, but a) Halligan is not following. The DOJ Manual for anything; b) she likely is not “personally aware” of exculpatory evidence if she reviewed the case for < 1 day; c) she likely narrowly construed the phrase “directly negates” guilt, assuming that she’s even read the DOJ Manual
lbschoenberg.bsky.social
Due to grand jury secrecy rules (Fed. R. Crim. P. 6(e)), it’s unlikely that we’ll learn what Halligan presented to the GJ. Her inexperience + Trump’s pressure, IMO, raises questions about the veracity + credibility of the evidence presented to the GJ to get an indictment.
lbschoenberg.bsky.social
It’s the grand jury process, + not the grand jurors, that Halligan exploits here. The Federal Rules of Criminal Procedure do not require the presentation of a defense or exculpatory evidence before the grand jury decides whether to indict. The legal standard for getting an indictment is lower too.
lbschoenberg.bsky.social
Adding to the chorus of folks, who appreciate your incredible work on a shoestring budget. Here’s hoping that you can turn back to a full-time taco beat in the near future.
lbschoenberg.bsky.social
Also, here’s another explainer: bsky.app/profile/shan...
shanlonwu.com
ICE agents can be prosecuted for assaults & other abuses by state prosecutors - my take on the legal & historical issues here -
@legalafmtn.bsky.social
youtu.be/F0x6qCx5Otg?...
Trump Creates LEGAL NIGHTMARE for Himself as He WREAKS HAVOC
YouTube video by Legal AF
youtu.be
lbschoenberg.bsky.social
Here’s the video. With all due respect or her, the problem is not the bipartisan resolution that she and her colleagues might reach, but Trump’s unilateral refusal to abide by any appropriations agreement that Congress puts on his desk. youtu.be/qqyHT8Z4Gy0
On Ana Cabrera Reports Shaheen Calls on Leadership to Protect Health Care, Fund Government
YouTube video by SenatorShaheen
youtu.be
lbschoenberg.bsky.social
Please enlist Ms. Rampell to do some crackerjack immigration reporting and commentary. She’s done a lot of it for WaPo over the years.
lbschoenberg.bsky.social
It’s hard to argue for bipartisanship when the President asserts he can impound or reallocate any federal $ he wants, + the Supreme Court blesses his decision on the shadow docket. Any talk of bipartisan negotiations under the circumstances, as Senator Shaheen did last Friday, just feels tone deaf.
lbschoenberg.bsky.social
Probably not, because the Plaintiffs are asking for a second TRO and/or an amended TRO - not just to enforce the first TRO. And, as the Plaintiffs assert, the Ninth Circuit has circumscribed interim appeals of decisions to grant TROs.
lbschoenberg.bsky.social
If Judge Immergut grants that motion, the Plaintiffs can ask her to amend the TRO to enjoin the Defendants from deploying any federalized national guard troops to Portland for the stated purpose. There’s a common nucleus of operative facts - deployment of military in the absence of an insurrection.
lbschoenberg.bsky.social
IMO, the fastest way to relief here would be for the Plaintiffs (Oregon + the city of Portland) to move to amend their complaint in the preexisting lawsuit in D. Or. to add California as a Plaintiff and make additional factual allegations regarding the deployment of CA National Guard troops. 1/
lbschoenberg.bsky.social
Add this one to the f@&$ ICE category….and maybe, to the abolish ICE category. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
lbschoenberg.bsky.social
In Judge Immergut’s words (paraphrasing), Stephen Miller’s claims about Portland are “untethered to the facts.” In my words, he sounds like a complete cuckoo bird, with WAY too much (unelected) power. Maybe Congress can do something about that.
lbschoenberg.bsky.social
I’m in Los Angeles, so we see this on a daily basis. That said, you’d be surprised how many rural and suburban communities depend on immigrant labor, and would suffer disproportionately form an ICE raid like this.
lbschoenberg.bsky.social
I don’t think the average American knows about this. It’s our job to amplify it.
lbschoenberg.bsky.social
Alejandro Barranco made this point when ICE arrested his father, Narciso Barranco, near Los Angeles in late June. He’s one of three sons serving in the Marines. He asserted that ICE’s tactics significantly departed from their military training with weapons. www.nbcnews.com/news/latino/...
Marine veteran defends gardener father seen being hit by immigration agents in video
Trump administration officials released video showing Narciso Barranco swinging a weed trimmer and accused him of assaulting an agent.
www.nbcnews.com
lbschoenberg.bsky.social
Sure, let’s look into this (or, more accurately, @govpritzker.illinois.gov should consider this). The use of Blackhawk helicopters during this raid, IMO, also raises questions about the Feds’ violation of the Posse Commitatus Act, and might form the basis for a lawsuit by IL to stop these raids.
lbschoenberg.bsky.social
Oh, I am not saying that court action is the only remedy here. (Although, FWIW, states can still get nationwide injunctions against ICE after the CASA decision). Your idea is interesting, but I don’t know enough about IL law to identify other legal authority for state action here.
lbschoenberg.bsky.social
Thanks for writing. My searches on this issue have gone nowhere. I should have bookmarked the article.
lbschoenberg.bsky.social
Moreover, ICE’s OWN REGULATIONS restrict the people who can arrest or detain people for immigration; restrict the use of force during enforcement operations, and (yes) require ICE officers to identify themselves at the earliest practicable moment. This is another ground for a lawsuit. 4/