Observations, During Live LA Federal Flores “Children: Impermissible Detention By ICE/DHS/HHS” Hearing…

As I am listening in, I will post snippets here, starting at 2 PM EDT.

But I expect Sarah Fabian’s team to be excoriated, by the able USDC Judge Dolly Gee.

. . .We are now underway; all counsel of record have checked in and

∇ Judge Gee is calling the “hotelling issue” first. . . .

∇ Sarah Fabian says it is not on the agenda. Judge Gee disagrees.

∇ Judge Gee says all children in legal custody are part of the Flores settlement. Title 42 or no, they are to be addressed here.

∇ Judge Gee: Expedited briefing on this: August 14 for Plaintiffs; August 21 for government; reply by August 28. . . .

∇ Briefs must include names, ages and numbers of these children. . . .

∇ On to juvenile custody conditions: Judge Gee will instruct counsel to meet and confer as to the aging out process. . . .

∇ Judge Gee wants this latest “squandered month” to be explained by Ms. Fabian — and expresses her “dismay” to Sarah Fabian, interjecting that she has been less than proactive about the litigation process. . . .

∇ Judge Gee: “Ms. Fabian, you act like you don’t understand how litigation works” — “This is not your first rodeo — I may now impose a remedy against the Government. . . .”

∇ Judge Gee reminds Sarah Fabian of her embarrassing performance — on what is “safe and sanitary conditions“, in ICE detention. . . .

∇ Judge Gee calls Sarah Fabian’s position “disingenuous” — because she is not cooperating any longer in the ORDERED meet and confers. Peter Schey now explains how the Government hasn’t moved forward, to address the information provided — on breach of the settlement. . . .

∇ Judge Gee asks Sarah Fabian why the Government isn’t providing the notices of rights, required under Section 12 of the Flores agreement. . . Fabian responds that they are trying to work out procedures. . . Judge Gee says you need to act on those commitments, and provide notices of rights. . . .

∇ Judge Gee says she cannot understand how any lawyer can have a problem (meaning Sarah Fabian) with written advisals of legal rights. . . . [Ed. Note: I suspect Judge Gee is going to order it, now specifically.]

∇ Judge Gee orders the ACLU, by August 14, 2020 — to offer a list of proposed remedies against Team Trump, for the failures mentioned above.

Onward — but if I were Ms. Sarah Fabian, I’d be deeply embarrassed — and worried, now — to have to explain to any potential future employer (after her time under Trump ends), asking about these on the record positions, about children being tortured in solitary confinement. . . . Astonishing.


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