On The Eagle Pass Land Razor Wire Barriers: Seems Like The TXWD USDC Judge Wants To Stall Things -- Into Appeals, While Keeping An Injunction In Place.

I don't want to unduly / hastily judge the motivations at play, here -- as certainly, seeing the evolution of the dispute will help this USDC Judge -- in resolving it. And if she sees lots of back and forth over three years' duration (since Tangerine was put out of office), the argument for an injunction in any normal court. . . evaporates, as there is clearly no emergency to address. And it is, in any normal court, clear beyond peradventure that the federal agencies possess statutory right to do what they want to do: remove land based razor-wire barriers that are endangering, and injuring border patrol agents. Barriers erected by Gov. Abbott, lawlessly.

Now -- on the flip side, if this USDC Judge is both savvy and cynical, by adding the below as the last paragraph of her order on discovery, with all materials due before the next injunction hearing, it could take a few months just to gather all this -- and could very well be the subject of one-off, side-show litigation at the State of Texas level (along with numerous appeals of right), about not having to produce internal, deliberative documents -- or even those that are "deliberative" between federal agencies -- and state officials.

So if one takes a cynical view, one might suspect that the West Texas USDC judge is seeking to drag this out, and thwart the federal authority -- while bowing to GOP Gov. Abbott's lawless, and cruel Berlin Wall tactics. She was elevated to the federal bench by Bush43, after being a US Attorney under George W. Bush, as well. In any event, here's the full overnight three page order she's entered in the Eagle Pass land razor wire barrier case, and the last bit (which I am openly questioning, here):

. . .It is FURTHER ORDERED that the parties provide to the Court communications, including but not limited to emails, from and including March 6, 2021, through today regarding or referencing the Plaintiff's and the Defendants' cooperation on implementing, facilitating, managing, maintaining, damaging, destroying, or interfering with the Plaintiff's barriers, specifically the concertina wire barriers, along the Texas-Mexico border. . . .

I will optimistically hope I am wrong about this USDC Chief Judge's motivation (and I promise to immediately say so, once the dust settles). . . but my substantial (and older) scar tissue here tells me. . . I may not be. Onward, in any event.

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