Wednesday, October 29, 2025

HILARIOUS! Bovino Appeals To Seventh Circuit -- BUT HE AGREED (To Daily Check-Ins) In Open Court Yesterday -- Just Read Judge Ellis's Transcript Folks.


It is a bedrock principle of federal law that a sophisticated party -- here, the US government, in the person of a senior commanding officer of ICE/BP -- cannot appeal, as error, or "abuse of judicial discretion" any deal it makes willingly, in open court, on the stand -- under oath.

So, Condor's take is that this appeal is a dead letter, but the Noemites filed it anyway, late today. Here's a bit of the 21 pages of Bovino nonsense:

. . .That obligation starts today, i.e., within a few hours of this filing. That extraordinary and extraordinarily burdensome order -- entered without any formal finding that the government failed to comply with prior court orders -- constitutes a clear abuse of discretion and violates the separation of powers. Mandamus is the government’s only available relief. . . .

[T]he daily appearance of Chief Bovino in open court an [sic; missing words here, in their haste -- probably should be "is an inappropriate"] appropriate response to what plaintiffs assert are alleged violations of the court’s TRO. District courts have a variety of mechanisms available to ensure compliance with their orders. That includes, ultimately, the threat of contempt proceedings. . . . [Condor's Observation: Cool. Hilarious -- yes, let's go ahead with contempt. That results in his. . . jailing. Bring it on, sez me!]


This is a complete farce by Bovino / Noem. Cra-cra. . . crazy. But onward, just the same.

Update -- a seven day administrative stay, for a review (of only the daily reporting provision), was ordered at 4:05 pm today. [There will likely be a seven day waiting period, while the Seventh Cir. looks the papers over -- and hears from USDC Judge Ellis, now. But his depo is up tomorrow morning, no matter what. Buckle up, buttercup.]

नमस्ते

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