Sanctuary cities' lawyers use Trump administration's words
Jul 8, 2017 13:13:26 GMT
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Post by ck4829 on Jul 8, 2017 13:13:26 GMT
Sanctuary cities' lawyers use Trump administration's words against it
The Trump administration does not shy away from tough rhetoric, and lawyers representing sanctuary cities are hoping that will come back to haunt it in court.
Attorneys representing Santa Clara County in California petitioned a federal judge late Thursday to enter a collection of statements made by members of the administration into the record in their case, saying that the administration's public statements directly contradict what Justice Department lawyers are arguing before the court.
...
Despite months of statements that the administration would seek to potentially take away more grant monies for a broader range of perceived noncooperation from jurisdictions, the Justice Department in May released guidance clarifying that the narrow range of actions allowed by the federal judge were the only punishment the government intended to pursue.
After that, the Justice Department asked the court to dismiss the case, based in part on the new guidance.
But attorneys for Santa Clara County are asking the court to not buy the government's argument, pointing to statements since the guidance that go far beyond what it says.
Attorneys are asking the judge to allow them to file an additional argument in the case, which compiles those statements.
Examples include testimony of Immigration and Customs Enforcement acting Director Thomas Homan before Congress in June, where he said the government expects "not only sharing the information, but (to) allow us access to the jails" -- the latter piece of which is not required by US law. The attorneys also note that Homeland Security Secretary John Kelly told Congress three days after the guidance memo: "With respect to 'the Sanctuary Cities thing,' he said: 'Frankly, I don't really know what it means. I don't think anyone out there knows what it means.'"
The attorneys argue that because of the administration officials' comments, the court can't simply rely on the guidance memo from the Justice Department -- accusing the administration of more than "moving the goalposts."
"Defendants' shifting positions, clarifications, and interpretations of the Executive Order make clear why the Court's injunction is necessary," the attorneys wrote. "Between counsel's representations, the AG memorandum, relevant congressional testimony, and the President's own statements, defendants aren't merely moving the goalposts in this litigation; they're switching sports entirely."
www.cnn.com/2017/07/07/politics/sanctuary-cities-trump-administration-words/index.html
The Trump administration does not shy away from tough rhetoric, and lawyers representing sanctuary cities are hoping that will come back to haunt it in court.
Attorneys representing Santa Clara County in California petitioned a federal judge late Thursday to enter a collection of statements made by members of the administration into the record in their case, saying that the administration's public statements directly contradict what Justice Department lawyers are arguing before the court.
...
Despite months of statements that the administration would seek to potentially take away more grant monies for a broader range of perceived noncooperation from jurisdictions, the Justice Department in May released guidance clarifying that the narrow range of actions allowed by the federal judge were the only punishment the government intended to pursue.
After that, the Justice Department asked the court to dismiss the case, based in part on the new guidance.
But attorneys for Santa Clara County are asking the court to not buy the government's argument, pointing to statements since the guidance that go far beyond what it says.
Attorneys are asking the judge to allow them to file an additional argument in the case, which compiles those statements.
Examples include testimony of Immigration and Customs Enforcement acting Director Thomas Homan before Congress in June, where he said the government expects "not only sharing the information, but (to) allow us access to the jails" -- the latter piece of which is not required by US law. The attorneys also note that Homeland Security Secretary John Kelly told Congress three days after the guidance memo: "With respect to 'the Sanctuary Cities thing,' he said: 'Frankly, I don't really know what it means. I don't think anyone out there knows what it means.'"
The attorneys argue that because of the administration officials' comments, the court can't simply rely on the guidance memo from the Justice Department -- accusing the administration of more than "moving the goalposts."
"Defendants' shifting positions, clarifications, and interpretations of the Executive Order make clear why the Court's injunction is necessary," the attorneys wrote. "Between counsel's representations, the AG memorandum, relevant congressional testimony, and the President's own statements, defendants aren't merely moving the goalposts in this litigation; they're switching sports entirely."
www.cnn.com/2017/07/07/politics/sanctuary-cities-trump-administration-words/index.html