Well. . . Sarah Fabian (and Donald Trump) have already been thoroughly . . . warned. In fact, yesterday Judge Gee told Ms. Fabian -- on the record, that she found her refusals to comply with prior court orders. . . "dismaying" -- and that her arguments, in the filed papers, were "disingenuous". Most competent lawyers I know would very much wish to avoid being so characterized, by an able federal district court judge -- for they are. . . the cream of the judicial crop. Humiliating, indeed. . . .
Apparently not so, for one Sarah Fabian. Perhaps she thinks she will find work for some xenophobic far right think tank, after her time in Trump-landia ends. I honestly don't understand why a bright woman -- one of her caliber -- would exhibit such open defiance of the standards of simple human decency -- to say nothing of applicable law.
In any event, here is the full order, and a bit:
. . . .Pursuant to the Court’s June 26, 2020 Order and July 25, 2020 Order Denying Defendants’ Ex Parte Application to Stay [Doc. # 887], the parties filed a joint status report on August 5, 2020 regarding the adoption and implementation of proper written advisals and other protocols to inform detained minors and their guardians/parents about minors’ rights under the FSA and to obtain information regarding, and procedures for placement with, available and suitable sponsors.
Plaintiffs reported that the parties had come close to an agreement on a know-your-rights protocol, but Defendants stated their unwillingness to “voluntarily agree to any protocol that would potentially provide for the separation of a parent and child who are currently housed together in an ICE FRC.” Joint Status Report at 6 [Doc. # 902]. At the hearing, Defendants reiterated their view that the parties had exhausted any meet-and-confers on the topic. The Court therefore will proceed to impose a remedy for Defendants’ past and ongoing violations of Paragraphs 12, 14, and 18 of the FSA.
See June 27, 2017 Order at 27, 31 (finding violations of Paragraphs 12A, 14, 18) [Doc. # 363]; April 24, 2020 Order at 6, 16, 18 (finding such violations); June 26, 2020 Order at 3 (“ICE’s compliance with Paragraphs 12, 14, and 18 of the FSA remains at issue.”). Plaintiff shall therefore file a motion for implementation of proposed remedy for findings of breach, to be briefed and heard on an expedited schedule, described below. . . .
August 14 will be the next delivery of briefs, on those sanctions. Onward -- literally shaking my head at this. . . depravity.
नमस्ते
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