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“It Ends Today”: Judge Threatens to Haul in DOJ Officials Under Oath
A federal judge is fed up with top officials ignoring court orders on immigration.
“It Ends Today”: Judge Threatens to Haul in DOJ Officials Under Oath A federal judge is fed up with top officials ignoring court orders on immigration.
U.S. District Judge Zahid Quraishi ordered the immediate release of Diana Elizabeth Cartagena Hueso, a 29-year-old immigrant from El Salvador with no criminal record. In his ruling, Quraishi pointed to several cases in his federal district in New Jersey where the government has “largely frustrated” court efforts to protect the rights of immigrant detainees. Quraishi said that earlier this month, “the U.S. Attorney’s Office conceded to violating 72 orders issued in immigration habeas cases in this district alone.”
Quaraishi went even further, warning the U.S. Attorney’s Office and DHS that if any other unauthorized detentions and arrests of immigrants came before him, he would order officials to show cause and schedule hearings where they would have to testify under oath.
Such a move would be a big step, as it has rarely been done during the current Trump administration. In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
> In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
Sort of. Judges do have consequences they can impose. One of the reasons "under oath" was specifically mentioned is that lying under oath carries criminal penalties for the individual, not just penalties for the DOJ in general.
That's the thing about the system though, judges can impose all sorts of consequences on you, but they can't enforce them. That's the job of the executive branch. So the problem arises whenever that judicial branch tries to impose consequences on executive branches. There's nobody to carry out that enforcement because the very people that do, are the people you're trying to impose it on. Why would anyone enforce consequences on themselves.
So these judges can write as many arrest warrants as they want for everyone in the executive branch of the government, but judges don't have a police force themselves in order to make sure those rulings are enforced. And everyone in Trump's department knows this, which is why they don't have to follow anything if they don't want to.
I don't understand why federal judges can't send a US Marshal to enforce his/her order. DOJ official not showing up? They get hauled out of their seats by an armed Marshal.
The United States Marshals Service is a federal law enforcement agency in the United States Department of Justice. It operates under the direction of the United States attorney general.
Do you think Pam Bondi is going to order or even allow the USMS to enforce any arrest warrant for anyone in the tRump administration?
I generally share your skepticism. But in this case, it does seems to be slightly more than a nothing-burger.
> In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
Bondi and friends appear to not want to be summoned to testify under oath. That's something that can be leveraged against them. It still has to be used on a case by case basis, but it's better than nothing.
> If more judges attempt this approach, it could compel the Trump administration to follow court orders or it would have to explain its cruel and arbitrary mass deportation procedures to federal judges. Maybe then, administration goons like Stephen Miller and Kristi Noem would actually follow the law.
“If” more judges do that it “could” compel Trump and company to follow court orders and “maybe” follow the law. That doesn’t sound like “it ends today”.
Until there are actual consequences for flagrantly violating hundreds of court orders, the law, and the constitution these people will not stop. Enough with the threats and the warnings and the stern letters of consternation, we need decisive actions taken against the obscene violations.
[OP] D-R-AZ | 8 hours ago
“It Ends Today”: Judge Threatens to Haul in DOJ Officials Under Oath A federal judge is fed up with top officials ignoring court orders on immigration.
https://newrepublic.com/post/207108/it-ends-today-judge-threatens-doj-dhs-officials-oath
Excerpt:
U.S. District Judge Zahid Quraishi ordered the immediate release of Diana Elizabeth Cartagena Hueso, a 29-year-old immigrant from El Salvador with no criminal record. In his ruling, Quraishi pointed to several cases in his federal district in New Jersey where the government has “largely frustrated” court efforts to protect the rights of immigrant detainees. Quraishi said that earlier this month, “the U.S. Attorney’s Office conceded to violating 72 orders issued in immigration habeas cases in this district alone.”
Quaraishi went even further, warning the U.S. Attorney’s Office and DHS that if any other unauthorized detentions and arrests of immigrants came before him, he would order officials to show cause and schedule hearings where they would have to testify under oath.
Such a move would be a big step, as it has rarely been done during the current Trump administration. In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
QuentinMagician | 7 hours ago
And then what? Will they lie? Delay? Ignore?
Yes
AcknowledgeUs | 6 hours ago
So? So what? IT ENDS TODAY. Time out
AcknowledgeUs | 6 hours ago
Mods: This title should read DECLARES no threat involved. Who are you?
AcknowledgeUs | 6 hours ago
Or who wrote that title? OP: what are your intentions with the media you produce?
roastbeeftacohat | 5 hours ago
> In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
Original_Contact_579 | 5 hours ago
Yes they could, but if anything changes with everything, they will be completely liable
Bulky-Hamster7373 | 7 hours ago
Sigh - yeah yeah. I'll believe it when I see it. Seems like judges use words but take no action
unoriginalnames | 7 hours ago
But that's what judges are supposed to do. Congress is to blame.
LeoSolaris | 7 hours ago
Sort of. Judges do have consequences they can impose. One of the reasons "under oath" was specifically mentioned is that lying under oath carries criminal penalties for the individual, not just penalties for the DOJ in general.
unoriginalnames | 6 hours ago
You're not wrong. And I wish judges would go harder, but i don't blame them nearly as much as our senators and representatives doing fuck all.
AFartInAnEmptyRoom | 6 hours ago
That's the thing about the system though, judges can impose all sorts of consequences on you, but they can't enforce them. That's the job of the executive branch. So the problem arises whenever that judicial branch tries to impose consequences on executive branches. There's nobody to carry out that enforcement because the very people that do, are the people you're trying to impose it on. Why would anyone enforce consequences on themselves.
So these judges can write as many arrest warrants as they want for everyone in the executive branch of the government, but judges don't have a police force themselves in order to make sure those rulings are enforced. And everyone in Trump's department knows this, which is why they don't have to follow anything if they don't want to.
fartron3000 | 6 hours ago
I don't understand why federal judges can't send a US Marshal to enforce his/her order. DOJ official not showing up? They get hauled out of their seats by an armed Marshal.
un1ptf | 2 hours ago
The United States Marshals Service is a federal law enforcement agency in the United States Department of Justice. It operates under the direction of the United States attorney general.
Do you think Pam Bondi is going to order or even allow the USMS to enforce any arrest warrant for anyone in the tRump administration?
fartron3000 | an hour ago
That makes sense. Thanks for the clarification.
Can't wait for this nightmare to be over.
JonnyAU | 4 hours ago
I generally share your skepticism. But in this case, it does seems to be slightly more than a nothing-burger.
> In the few times it has happened, the government has cried “uncle” and released the immigrant in question, as was the case with Juan Tobay Robles in Minnesota last month.
Bondi and friends appear to not want to be summoned to testify under oath. That's something that can be leveraged against them. It still has to be used on a case by case basis, but it's better than nothing.
cromstantinople | 7 hours ago
> If more judges attempt this approach, it could compel the Trump administration to follow court orders or it would have to explain its cruel and arbitrary mass deportation procedures to federal judges. Maybe then, administration goons like Stephen Miller and Kristi Noem would actually follow the law.
“If” more judges do that it “could” compel Trump and company to follow court orders and “maybe” follow the law. That doesn’t sound like “it ends today”.
Until there are actual consequences for flagrantly violating hundreds of court orders, the law, and the constitution these people will not stop. Enough with the threats and the warnings and the stern letters of consternation, we need decisive actions taken against the obscene violations.
Ricky-Snickle | 3 hours ago
Ahhh who’s gonna tell the judicial branch that the executive branch doesn’t see them as a co equal branch?
FanDry5374 | an hour ago
Ooh and do what? Unless the judge has the guts and power to lock them up until things change this is just more theater.
Natural-Result-6633 | 19 minutes ago
Do it, PLEASE!!!🙏