[U] Judge Tipton’s USDC Web-Conference Call, On Gov. Abbott’s Nonsense “Dead Hand” Agreement / Cuccinelli, Ex-DHS: Tomorrow At 8:00 AM In Texas.

UPDATED @ 9:30 AM EST Monday: The entire Texas position hinged on a false report from Tucker Carlson. The few people released over the weekend, had ALREADY been ordered released under a federal class action in California (as the DoJ avers this morning). . . called Fraihat, 445 F. Supp. 3d 709 (C.D. Cal. 2020). These class members were ordered released weeks ago (to combat Baby-T’s prior lawlessness — while he was still in office), due to COVID-19 mitigation protocols. In sum, every word of the Sunday Texas advisement is. . . a lie. I’ll have more, later this morning — on the DoJ’s more general response filed this morning, and the hearing, still ongoing — but Judge Tipton will grant no TRO on this record. End update.

Here are the details.

I’ll likely live blog it, as the State of Texas has filed a largely nonsense “advisement” — doing little more than quoting MSM news reports (and then lawlessly trying to shift the burden of proof to the Biden Administration, to disprove the MSM reporting Texas quotes), to the effect that ICE detainees are simply being released from ICE facilities — inside the Longhorn State. Of course, the proponent of the TRO, here the Governor of Texas, always bears the burden of proving his irreparable harm, and his entitlement to equitable relief.

Abbott is laughably deficient on those points here.

I suspect the able judge will also ask Paxson’s people to explain how it is that they could ever surmount the sovereign immunity and standing questions.

. . .Conference set for 1/25/2021 at 8:00 AM to be held by Zoom.



Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York)

Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7

Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. . . .

Onward — this ought to be. . . hilarious. Do see the ACLU brief I posted last night. Grinning.


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