Kyle Cheney

Senior legal affairs reporter for @POLITICO with a focus on democracy, law and the balance of power in government. Tips: [email protected] NY ➡️ BOS ➡️ DC

[Kyle Cheney @kyledcheney]

UPDATE: The dam has broken. Six federal appeals courts in a row have now shot down ICE's mass detention policy, along with a 469-54 split against the administration among district judges. The results:

CA1: Pending
CA2: Rejects ICE 2-1
CA3: Pending
CA4: Pending
CA5: Supports ICE 2-1
CA6: Rejects ICE 2-1
CA7: Rejects ICE 2-1
CA8: Supports ICE 2-1
CA9: Rejects ICE 2-1
CA10: Rejects ICE 3-0
CA11: Rejects ICE 2-1

https://t.co/WZeDKKm26r

[Kyle Cheney @kyledcheney]

While many courts have noted the appeals court split, the 7th circuit panel notes "a consensus is emerging" among appellate courts as well. https://t.co/BWZRwll5xB

[Kyle Cheney @kyledcheney]

BREAKING: The 9th Circuit has rejected ICE's unprecedented mass detention policy — the 5th striaght appellate loss for the Trump administration and perhaps the most significant, covering California, Arizona, Nevada and Washington, among others. https://t.co/iNyN9nf7ky

[Kyle Cheney @kyledcheney]

UPDATE: The dam has broken. Six federal appeals courts in a row have now shot down ICE's mass detention policy, along with a 469-54 split against the administration among district judges. The results:

CA1: Pending
CA2: Rejects ICE 2-1
CA3: Pending
CA4: Pending
CA5: Supports ICE 2-1
CA6: Rejects ICE 2-1
CA7: Rejects ICE 2-1
CA8: Supports ICE 2-1
CA9: Rejects ICE 2-1
CA10: Rejects ICE 3-0
CA11: Rejects ICE 2-1

https://t.co/WZeDKKm26r

[Kyle Cheney @kyledcheney]

BREAKING: For the second time *today* a federal appeals court has rejected ICE's mandatory detention policy. The 7th Circuit, in a 2-1 decision, joins the overwhelming consensus of courts across the countrty and is the 6th straight appeals ruling against the admin. https://t.co/b5nUsC8uV6

[Josh Gerstein @joshgerstein]

NEW: 1st public hearing for Alien Terrorist Removal Court unfolds at federal courthouse in DC. Lawyer for Afghan immigrant facing deportation tells judge there's good a reason the court hasn't been used for 3 decades: It's flagrantly unconstitutional https://t.co/ZdnTT0qBFK

[Kyle Cheney @kyledcheney]

NEW: The Trump administration activate the never-before-used "Alien Terrorist Removal Court" to deport a woman whose son and son-in-law conspired to commit a "mass casualty" attack on Election Day 2024 in support of ISIS..

w/ @joshgerstein

https://t.co/aga9ifjz2k

[Kyle Cheney @kyledcheney]

Nazira Haji Zada's son was 17 when he and his brother-in-law planned to their attack, per guilty pleas related to the plot. She doesn't speak English, only Dari, and investigators say she pledged loyalty to ISIS. Much of their evidence is classified. https://t.co/aga9ifjz2k

[Kyle Cheney @kyledcheney]

NEW: The Trump administration activate the never-before-used "Alien Terrorist Removal Court" to deport a woman whose son and son-in-law conspired to commit a "mass casualty" attack on Election Day 2024 in support of ISIS..

w/ @joshgerstein

https://t.co/aga9ifjz2k

[Kyle Cheney @kyledcheney]

Notably, proseutors and trump admin officials say Haji Zada's "unsuspecting" husband had no knowledge of the plot.

Judge Erickson, who leads the ATRC, has set a Thursday hearing and emphasized it's very "early" in the "multi phase process." https://t.co/aga9ifjz2k

[Kyle Cheney @kyledcheney]

JUST IN: We now know who the Trump admin is seeking to remove via the Alien Terrorist Removal Court: a lawful permanent resident suspected of pledging loyalty to ISIS and radicalizing her kids, one of whom was convicted of attempting to provide support to terrorists. https://t.co/USDmoVoI2D

[Josh Gerstein @joshgerstein]

BREAKING: Panel vote on Todd Blanche's nomination to be attorney general postponed due to lack of deal w/Cornyn and Tillis on Trump tax audit waiver. Just before, DOJ official said: 'We've transmitted new language to Cornyn and Tillis and in discussion.' https://t.co/aLd2w3qz0Q

[Kyle Cheney @kyledcheney]

JUST IN: A judge in New Jersey just became the latest to reject DOJ’s demand for state voter rolls. He acknowledges the latest flap over noncitizen registrants but says it’s not relevant to this particular legal dispute. https://t.co/80A8zyGta7

[Kyle Cheney @kyledcheney]

@simonjlevien @joshgerstein NOTABLE: President Trump and allies' efforts to declare Biden pardon's void could actually support Fauci's 5th amendment assertion, per @shipwreckedcrew https://t.co/wGZtbdUVKv

[Shipwreckedcrew @shipwreckedcrew]

Congress should write Fauci a Grant of Immunity using the exact language of the Pardon so it is co-extensive.

If Fauci again asserts the Fifth he would be subject to a Contempt of Congress charge.

The threats to challenge his pardon -- legally baseless IMO -- give him cover to assert the Fifth since he can claim there is a potential that he might lose the benefit of the pardon and his testimony might then incriminate him.

[Kyle Cheney @kyledcheney]

NEW: Fauci's decision to plead the 5th isn't straightforward.

He's pardoned for any pre-2025 conduct, but could face state/local prosecution or charges for alleged false statements in his testimony.

But...
https://t.co/cmTVzjcqAY

[Kyle Cheney @kyledcheney]

@simonjlevien @joshgerstein Pleading the 5th has often been an effecive way to stymie congressional inquiry. Joe Biden's physician did it. Dozens witnesses called by the Jan. 6 committee did it too — from Roger Stone to John Eastman. But none had been granted a sweeping pardon. https://t.co/cmTVzjcqAY