Secretary-General of Parliament suspected of treason
Antti Pelttari is suspected of disclosing state secrets when he was head of the Finnish Security and Intelligence Service (Supo).
#AnttiPelttari #statesecrets #FinnishSecurity #IntelligenceService #Supo
“We invoked the #StateSecrets #privilege over many of the details—of course our officials discussed what should be divulged publicly. This just proves they are responsible public servants putting the safety of the American people first. The leakers of these emails, on the other hand, clearly do not care about public safety,” McLaughlin said.
#FactCheck #TrumpLies #Trump #CoverUp #law #immigration #Rendition
Rossman: Important to underscore the context here. We're talking about a single person removed to another country. And it's very difficult to swallow from position of common sense that this information would endanger the diplomatic relations w/ #ElSalvador
We could pool our imaginations to come up w/potential or hypothetical things that could be #StateSecrets.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Rossman: Knowing the stakes, we ask them to be kept on as short a leash as possible.
Now turns to #StateSecrets & what govt must show to properly invoke the #privilege.
Rossman: It was interesting to me that they aren't taking a categorical view that all steps they've taken to facilitate return are subject to state secrets.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?
Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
#Xinis cites other #StateSecrets affidavits that specifically say things like it would reveal identities of #CIA officers....Here, all I have is "not affects national security."
Guynn: Respectfully, YH, there's more here than you give credit
Xinis: Again, I just don't think this affidavit cuts it & I imagine if I'm telling you that now then you'd elect to supplement...
Guynn: If court found it deficient we would take under advisement & likely choose to supplement...
#Xinis: Where in that says HOW compelled disclosure of this info presents a real danger affecting foreign affairs or national security? There's not enough there there...How am I supposed to determine that?
Guynn basically says again that courts owe deference to executive...
Xinis: Previously there was #StateSecrets invocation about arrangement w/ #ElSalvador, but that's now changed
Guynn: That's bc the arrangement was classified, but that's changed...
#Xinis: If what you're asking me to acknowledge is that foreign affairs is an area in which #StateSecrets might apply, I agree. But the other part of the test is that the court must be satisfied that there is evidence as to the dangers asserted by the gov regarding the production of certain evidence
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
#Xinis: It’s because I take my job really seriously, that I am considering it. But I will not look to another case.
[think she’s implying, others are not so serious?]
#DOJ addresses some arguments made by plaintiff re #StateSecrets.
Guynn: They said that it doesn't apply to foreign affairs, but that's not true. They said only classified docs, but that's not right.
He points to a case that includes language on how to assess invocation of #privilege
#Xinis turns to whether there's an affidavit from a high-level ofcl at #DHS invoking the #StateSecrets privilege. They filed one from #Rubio (#State) but not DHS. Guynn says #DOJ would rely on declarations in JGG case. Xinis isn't having it, says she won't look to filings in another case.
Xinis: I'll take a look at [the state secrets issue], but the only reason is because I take my role as a member of the third branch of government seriously.
#Xinis: My thought is that since the govt bears the burden of invoking the (#StateSecrets, deliberative process) #privileges, I want to hear from them first.
Rossman thanks judge, sits down.
Guynn is up for #DOJ, says he wants to respond to some of the things Rossman said.
Guynn #SCOTUS anticipated this #discovery dispute. It said the govt should be prepared to share "what it can"
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Rossman: Our thought on order of operations is that the road block seems to be #StateSecrets & deliberative process #privilege.
Our thinking is if we could get get guidance on where we are w/those privileges, that would guide us how to go forward...we want answers to fundamental questions
#Xinis: I want to be clear that what prompted these questions & this #discovery is whether the govt is acting in good faith or bad faith.
She says she wants #DOJ to speak to that.
Atty for #KilmarAbregoGarcia is Andrew Rossman today.
For #DOJ, it's Jonathan Guynn (no Drew Ensign today).
DOJ doesn't object to unsealing the #Rubio affidavit re: #StateSecrets #privilege.
Rossman: We're practical folks & we've tried to get answers to questions posed by judge in April. What’s custodial status? what steps, if any, have been taken? what steps, if any, will be taken in the future?
We went about it in straightforward ways.
A lot of the filings are under seal.
But #Xinis says she wants to try to do as much of it as she can in open court.
Xinis: My current thinking on #StateSecrets is that there's 1 affidavit from #Rubio, & most of that has been publicly disclosed. Portions filed in JGG. Large portions cited in public pleading.
So I am prepared to take that off of under seal docket to talk in open court.
#immigration #law #judiciary #SeparationOfPowers #Trump #AbuseOfPower #rendition #StateSponsoredAbduction
#KilmarAbregoGarcia's attys have deposed 3 govt witnesses to try figure out what, if anything, the #Trump admin has done to facilitate Abrego Garcia's return from #ElSalvador.
But the govt is "stonewalling" their efforts.
In addition to addressing the govt's BS invocation of #StateSecrets [to hide their actions] & deliberative process #privilege, Judge #Xinis is expected to consider a request by #AbregoGarcia's attys that they be allowed to depose at least 3 more witnesses.
Hearing in #KilmarAbregoGarcia's case is underway with Judge #Xinis on the bench hearing arguments over whether the #Trump admin can invoke the #StateSecrets privilege [GMAFB] to withhold information about what it has done to facilitate #AbregoGarcia’s return to the #US [nada].
[via Anna Bower + my commentary]
🧵
#immigration #law #judiciary #SeparationOfPowers #AbuseOfPower #rendition #StateSponsoredAbduction
Judge #Boasberg cites the #Trump admin’s gloating after his order was violated, noting the “oopsie”tweet from #Bukele & its amplification by admin ofcls.
Boasberg says the admin can “purge” its #contempt by bringing back the people he ordered not to be sent in the first place & giving them appropriate #DueProcess. If not, he will conduct further proceedings.
Boasberg said he’s skeptical of the admin’s invocation of #StateSecrets #privilege.
