• 2 Posts
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Joined 3 years ago
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Cake day: June 18th, 2023

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  • She could say what exactly the feds are doing wrong, for example, with federal officers’ names and dates and details. Create the record.

    My guess is that the ICE and DHS people who are breaking the law have figured out not to tell the attorneys this stuff, for precisely this reason. The attorneys have a duty of candor to the court, but ICE does not.

    She could refuse to file motions supporting the feds.

    She may already be doing this, at least with respect to 100% dilatory motions. I haven’t kept up with her case work.

    Then the people would win those uncontested cases.

    In this case, and in many others like it in MN, the petitioners already won their case. They’ve been ordered to be released, but they aren’t getting released in a timely manner.

    When a judge issues a release order, it is the responsibility of the federal attorney to communicate the contents of that order into the federal bureaucracy, to ensure it is carried out. That process has turned into an all-consuming job, because that’s how ICE wants it.

    I agree in general, though, that the only ethical or moral move here is to resign.


  • The long term problem is that lawyers are often not stupid, and they can see that working for this DOJ will have deleterious effects on their future careers when this stuff is over. I’ve heard that the Minneapolis office is down to 9 attorneys, and should be staffed for 50.

    But the immediate problem here dates back to Rumsfeld v. Padilla*. In that case, the supreme court decided that habeas petitions must be filed in the district of actual, physical confinement. This created a race condition, where ICE is trying to get these people out of Minnesota as fast as possible, and these people’s lawyers are trying to file the lawsuits in Minnesota before their clients physically leave the state. ICE would prefer for these petitions to be filed in Texas, because the Texas district courts are a lot more favorable to them. The Minnesota lawyers don’t want to have to file in Texas, both because it’s a disadvantage to them, and because they aren’t admitted to practice in Texas, and it’s a big hassle to work around that.

    Combine that with Trump v. CASA, and no one wants to try a habeas class action. So you have a crap ton of individualized habeas petitions, all over the same issue, which is ICE’s incorrect interpretation of federal immigration law. And in many, many of these cases, they properly got filed in Minnesota, but the prisoners got shipped to Texas anyway. The Minnesota judges are figuring out that all these cases are the same, and they’re making the decisions real fast now, and ICE is not keeping up, by design. It’s a total logistical cluster.

    *Yes, it’s that Donald Rumsfeld, and that Jose Padilla, the dirty bomb guy.



  • Boasberg’s allegedly inappropriate remarks were delivered in a private breakfast with other judges prior to judicial conference. The point is that it was the kind of judicial conference that’s supposed to remain private. So much so, that the DOJ refused to provide the court with their copy of Boasberg’s actual words, because then they would have to explain how they got hold of them (probably illegally).

    So that gave the court an easy reason to dismiss the complaint.






  • alcohol in pretty much any quality has negative effects

    The key is that this guidance came out somewhere between millennial and gen z coming of age.

    When I was a child the TV news would run “health” stories about how moderate amounts of red wine are good for you. It turned out those studies were funded by the alcohol industry.


  • They did some wildly unprecedented legal maneuvers to try to get these warrants.

    1. Went to magistrate duty judge, who approved 3/8 warrants.
    2. Went to that judge’s manager, Chief Judge Schlitz. He didn’t outright deny the warrants, he just wanted to take a few days to think about it.
    3. That wasn’t good enough. They went to the judge-manager’s manager, the 8th circuit court of appeals. In a sealed emergency petition for writ of mandamus.
    4. Judge Schlitz was required to defend himself in this mandamus action with two hours of notice and he wasn’t even allowed to read the papers.

    Since the mandamus action failed, it seems likely that the government has gotten a grand jury indictment. Which process bypasses judges nearly entirely.

    Note that it’s pretty normal to get indictments first in the federal courts (before the current times), because if the feds arrest someone on a complaint, they have a 30 day deadline to get that indictment. If they don’t arrest first, there’s no deadline and they can retry as many times as they want.

    So normally the feds only use complaints when they need to get someone off the street urgently. These feds use complaints because they only care about splashing the perp walk on social media. They don’t care what happens to the case after that.






  • They’ve had individual -bin versions of a few big builds, like firefox, chromium, and libreoffice for basically forever.

    They had something called distcc for a long time too. That let you, the user, cross-compile packages on one machine for installation on different machine(s).

    But at the end of 2023, they dramatically expanded the system, adding configuration machinery to install $packagename from source or binary (i.e. not like firefox and firefox-bin). And they set up the server infrastructure to host a much larger number of official binary packages for amd64 and arm64. Around the same time they added a “distribution kernel” as an ebuild, so users no longer had to “compile it yourself”. And I think the dist-kernel is now available as a binary.