Tuesday, January 31, 2017

Previously concealed cases against President Trump appeared on Pacer, but pleadings are still sealed

I wrote yesterday in a blog, here, that the alleged TROs against President Trump were illegal and unenforceable because they were made in secret court cases which do not even appear on the official federal court register, Pacer.gov.

Today, the cases in question, and other habeas petitions and lawsuits challenging President Trump's Executive Order on immigration, appeared on Pacer.gov,

this is in New York


in Illinois



In Massachusetts

compare with yesterday's screenshot of the same case No. 1:2017-cv-10154



the Virginia case 1:17-cv-116 yesterday:



and today - showing that it was filed on January 28, 2017, even though it was not visible yesterday, on January 30, 2017:


In New York yesterday ("nysdce" means U.S. District court for the Southern District of New York)

and today ("nyedce" means U.S. District Court for the Eastern District of New York), case filed on January 28, 2017, even though it did not show yesterday, on January 30, 2017:



Yet, all
  • habeas petitions, all
  • applications for temporary restraining orders, and all
  • motions to intervene by states, including
    • supporting declarations,
    • memorandums of law, and even
    • notices of motion,
are sealed.

I fail to see how a notice of motion or memorandum of law, the legal basis for a public court order, can be made secret.

And, I also fail to see how it suddenly happened that Ex Parte (without notice) applications for temporary restraining orders which are disfavored in federal litigation (which means, practically never granted), are suddenly given left and right, like candy, without legal grounds stated and based on secret pleadings.

Here is some evidence that review of what was actually argued in the petitions as a basis of ex parte TROs is blocked on Pacer:

California:


Access to petition for habeas corpus denied:
 Access to application for Temporary Restraining Order denied:

Washington:

Habeas petition:

Application for a temporary restraining order:

Massachusetts:

Access to Petition for Habeas corpus denied:



Notice of Motion to intervene by the State of Massachusetts (the Commonwealth) - access denied:


Supporting Memorandum of Law for the Notice of motion - access denied:


REDACTED transcript of the hearing to grant the temporary restraining order is offered for sale:



So, since the TROs' grounds are not stated, and the legal issues resolved by TROs are not revealed, the TROs are still of questionable legality.

Moreover, of questionable legality are secret (sealed) applications of the States of Virginia and Massachusetts to federal courts on behalf of non-citizens who did not enter the U.S. yet.

And, any self-respecting honest reporter with minimal knowledge of the law (which should be a requirement when reporting about such cases) should have picked it up and reflected these interesting "irregularities" instead of turning their "mainstream media" sources into yellow press and presuming that anything filed against Donald Trump as a defendant (even if it is in his official capacity, and thus the American taxpayers are sued), must be good.

For shame.

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