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#separationofpowers

46 messages4 participants27 messages aujourd’hui
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On June 23, the White House sent to #Congress a notification under the #WarPowers Resolution of 1973 articulating both domestic & international legal arguments justifying the attack on #Iran. These justifications are unconvincing, raise profound concerns as to whether the #ExecutiveBranch has adopted expansive new legal theories justifying the use of force, & now should provide additional impetus for Congress to push back against this unauthorized attack on Iran.

On June 21, 2025, the #US joined the #Israel - #Iran conflict by conducting airstrikes on 3 Iranian #nuclear facilities—Operation Midnight Hammer. This attack—involving B-2 stealth bombers flown from Whiteman Air Force Base in MO—was the first ever direct US #military attack against Iranian territory & the first use of the GBU-57, a 30k pound bunker busting munition, in combat.…And it was conducted without congressional authorization.

#law #Congress #SeparationOfPowers
justsecurity.org/115398/trump-

Just Security · The Need for a Congressional Rebuttal on Trump's Iran AttackCongress should push back against the Trump administration's unauthorized attack on Iran.
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The next day, Reuveni was told he should sign an appeal brief making the terrorism claim against #KilmarAbregoGarcia.

Reuveni’s lawyers say he resisted, arguing that the #law does not allow advocates to make new factual claims, which he saw as “contrary to law, frivolous, & untrue.”

That led to a final standoff with his supervisor, Flentje, who told him “he should sign the brief & that he had signed up for the responsibility to do so.”

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Reuveni’s account asserts that a third illegal order came in the case of #KilmarAbregoGarcia, the mistakenly deported #immigrant in Maryland who was sent to #ElSalvador on one of the March 15 flights despite a judge’s prior ruling that he should not be sent there.

At a court hearing, Reuveni made headlines when he agreed with an earlier admission from the admin that Abrego Garcia’s removal had been a mistake.

#law#felon47#judiciary
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On March 17, Judge #Boasberg instructed the government to explain when the planes departed. After that order, Mr. Reuveni was told by his superiors “that leadership at #DOJ were reporting ‘down the chain’ that the government was not going to answer the court’s questions about anything that happened before 7:26PM on March 15, & so not to provide information about when the flights took off.”

#law#felon47#judiciary
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According to an email Mr. Reuveni received from Yaakov Roth, the acting assistant attorney general, “Bove had advised #DHS that under the court order it was permissible to deplane individuals on the flights that departed US airspace” before Judge #Boasberg’s written order appeared on the court docket.

#law#felon47#judiciary
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Behind the scenes, government lawyers struggled to make sense of how to proceed given their vague instructions. Over the next day, his account states, “it became clear to Mr. Reuveni” that the Departments of #State & #HomelandSecurity “were receiving contrary directions from someone else to take actions in violation of court orders.”

#law#felon47#judiciary
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At 6:44PM, Reuveni texted his supervisor, Flentje, referring to #EmilBove’s disparaging comment toward the judicial system. Flentje, his account continued, “acknowledged Bove’s comment with a joke referencing the possibility that either he or Reuveni could be fired, impliedly for reporting up their chain of command concerns that a #CourtOrder may have been violated.”

#law#felon47#judiciary
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That answer, according to Reuveni’s account, was false. “Ensign had been present in the previous day’s meeting when #EmilBove stated clearly that one or more planes containing individuals subject to the #AEA would be taking off over the weekend no matter what,” the account states.

While Ensign represented the government in court, Reuveni listened by phone, sending updates to lawyers at the Departments of #State & #HomelandSecurity.

#law#felon47#judiciary
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Reuveni’s experience has elicited major concern within the rank & file of the #DOJ, as many current & former department lawyers believe he was placed in an impossible position — ordered to ignore or mislead the courts, which is a potentially career-ending violation of #legal #ethics.

#law#felon47#judiciary
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To many of the thousands of lawyers who work in the #DOJ, those claims ring as a hollow rationalization for its leadership’s willingness to use the #criminal #justice system to pursue a vengeful right-wing agenda.

Already, hundreds of DOJ lawyers have quit rather than follow the course being set by the #Trump admin. Scores of others have been demoted or fired.

#law#felon47#judiciary
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Mr. Reuveni’s account highlights the tensions that have been roiling the #DOJ for months, where many current & former career lawyers have come to fear that the department’s political leadership, chosen by #Trump, is engaged in a systematic effort to undermine the rule of law.

A Justice Department spox did not immediately comment on Mr. Reuveni’s #whistleblower filing.

#law#felon47#judiciary