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Lawyers for Mahmoud Khalil have filed a motion to have ICE return him to New York, asking the U.S. District Court for the Southern District of New York to protect Khalil from disruption of the underlying habeas corpus proceedings begun before ICE transferred him to Louisiana. https://s3.documentcloud.org/documents/25556767/mahmoud-khalil-motion-to-compel-return.pdf This motion shows how Trump’s treatment of Khalil is also a challenge to judicial authority. 1/ #LawFedi
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The motion to compel Khalid’s return lays out the frighteningly Kafkaesque details of his original detention by ICE. Upon the arrival of DHS at his apartment building, Khalil did have a chance to contact his attorney, who quickly fired a habeas petition, challenging his detention, arrest, and confinement by ICE/DHS. 2/
The habeas petition was filed in the U.S. District Court for the Southern District of New York, giving that court jurisdiction - authority - over Khalil’s situation. 3/
Notwithstanding the filed habeas petition, ICE transferred Khalil from New York to Louisiana, without notifying his attorney or the court. 4/
ICE often transfers people it detains to facilities far from the original detention, claiming that there is no closeby facility available or to satisfy contracts with the private prison companies to whom outsources immigration detention facilities. This is highly objectionable in any situation, but totally unacceptable when subsequent to a habeas petition filed in the original jurisdiction. 5/
The relocation to Louisiana makes it hard for Khalil to confer with his attorneys, interfering with his right counsel. It also makes it harder for the Southern District of New York to compel Khalil’s release, should the Southern District Court rule in Khalil’s favor on the habeas petition. 6/
It certainly seems that moving Mahmoud Khalil from the New York metro area to Louisiana under these circumstances is a deliberate effort by the Trump DHS/ICE to impede pending judicial proceedings before the District Court for the Southern District of New York. 7/
On top of the disregard for Khalil’s 6th Amendment rights, the government has once again deliberately interfered with the work of the judicial branch. The Trump regime is a lawless effort to achieve a federal executive dictatorship. 8/8
coincidentally, i have Snyder & Crug's graphic "On Tyranny" on my desk.
Remember professional ethics.

When political leaders set a negative example, professional commitments to just practice become more important. It is hard to subvert a rule-of-law state without lawyers, or to hold show trials without judges. Authoritarians need obedient civil servants, and concentration camp directors seek businessmen interested in cheap labor.

Silkester hat dies geteilt