Tuesday, March 11, 2025

[U, X2: Hearing Required: Manhattan @ 11:30 AM EDT] The Man's Privacy Interests Are Important Here -- But Shortly, A Free Press Should Be Allowed To See Kristi Noem's Purported Basis, For Revoking A Green Card.


Updated: Relying on fine "sneakers on the tiles" reporting at Foley Square by Matthew Russell Lee, at InnerCityPress, we've been able to read screen-caps of the letter -- on terminals, at Foley Square.

There we learn that Noem proposes to argue tomorrow to dismiss for lack of appropriate venue. But a venue challenge cannot defeat "the great writ" (habeas corpus), without more. So it is likely that tomorrow Judge Furman will order the return of the green card holder, and his release. It is clear that Ms. Noem has not had him flown back to Manhattan (yet), from her lawyers' two page letter.

Second Update -- 03.12.2025: This morning, a second letter appeared, but not pdf-ed to the docket. It is a free expression group's request that the able USDC Judge honor our First Amendment's admonitions, and under the case law, make specific on the record findings, BEFORE he closes the docket to public view. That hasn't happened here yet. Here's that note: "LETTER addressed to Judge Jesse M. Furman from Robert J. Tolchin, Esq. dated 3-12-25 re: seeking review of public access restrictions for documents filed in this proceeding. Document filed by Shurat Hadin -- Israel Law Center (Tolchin, Robert). . . .End updates.

The parties in the matter at right owed the able USDC Judge Furman, in Manhattan, a joint letter by 5 PM EDT today, indicating whether a hearing would be needed (at all).

By that he meant to ask whether / would the Tangerine 2.0 minion, Kristi Noem (a former MAGA Gov., in the Dakotas) admit that she had wholly-failed to follow the law, in this "snatch and grab" -- and immediately return this green card holder -- from rural Louisiana (where she black-sited him), to the court where his habeas petition would be heard.

The letter is now on file, but like the habeas corpus petition itself, it remains sealed -- available to only the parties (and their lawyers) for inspection and copying.

That state of affairs will not persist, as Davis, Wright and Tremaine (on behalf of news gathering agencies) are likely to move as early as tomorrow to have the whole of the docket available to "We, the People" -- under the covenants embedded in our First Amendment. So, until then -- the public will have to show up tomorrow at 11:30 AM EDT, to Foley Square, to find out whether the gentleman/green card holder has been returned -- and whether argument will be needed, for his immediate release into the city streets. Here's the only bit visible at the moment (in full text):

. . .LETTER addressed to Judge Jesse M. Furman from Baher Azmy dated 3/11/25 re: Joint Letter.

Document filed by M.K., William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi. . . .


We may now safely assume that this is not a sensitive Homeland Security claim by Noem, otherwise it would have been on a sealed docket, in an entirely separate courthouse. And she would not argue simply inconvenient venue here -- she'd argue that a national security / Homeland Security / Patriot Act statute permitted her "snatch & grab". She didn't.

So. . . we await her admission that she acted rashly, and unlafully -- entitling the man at right to presumed monetary damages, under our federal law. Onward.



नमस्ते

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