Andrew Weissmann
๐ค SpeakerAppearances Over Time
Podcast Appearances
On the Garcia case, the one where the government has admitted it was a mistake, but they're saying too bad, we can't do anything about it. That is, we're waiting for the Supreme Court to say something about that. It's got the briefs and we're waiting a decision. I think the big picture there is I'm going to step outside my legal role. Okay.
On the Garcia case, the one where the government has admitted it was a mistake, but they're saying too bad, we can't do anything about it. That is, we're waiting for the Supreme Court to say something about that. It's got the briefs and we're waiting a decision. I think the big picture there is I'm going to step outside my legal role. Okay.
On the Garcia case, the one where the government has admitted it was a mistake, but they're saying too bad, we can't do anything about it. That is, we're waiting for the Supreme Court to say something about that. It's got the briefs and we're waiting a decision. I think the big picture there is I'm going to step outside my legal role. Okay.
Tim, can you imagine the conversation at the Department of Justice where someone says, oh my God, we have wrongfully deported somebody and they are in prison in a foreign country. What should we do about it? And that the adult in the room is not saying, Get that person back here immediately.
Tim, can you imagine the conversation at the Department of Justice where someone says, oh my God, we have wrongfully deported somebody and they are in prison in a foreign country. What should we do about it? And that the adult in the room is not saying, Get that person back here immediately.
Tim, can you imagine the conversation at the Department of Justice where someone says, oh my God, we have wrongfully deported somebody and they are in prison in a foreign country. What should we do about it? And that the adult in the room is not saying, Get that person back here immediately.
Instead, the conversation is, oh, you should tell the court we can't do anything and let them sit there and rot, even though it was our mistake. The lawlessness and cruelty combination is off the charts.
Instead, the conversation is, oh, you should tell the court we can't do anything and let them sit there and rot, even though it was our mistake. The lawlessness and cruelty combination is off the charts.
Instead, the conversation is, oh, you should tell the court we can't do anything and let them sit there and rot, even though it was our mistake. The lawlessness and cruelty combination is off the charts.
You're totally right.
You're totally right.
You're totally right.
Sure. I actually think this is, on the whole,
Sure. I actually think this is, on the whole,
Sure. I actually think this is, on the whole,
So here's my effort to good news. There is a 5-4 gendered part of this case where the five men said this should have been brought under a vehicle called habeas. And the four said, no, it's fine to have brought it the way it was under something called the Administrative Procedure Act. That is a very technical issue. I agree with the the foreign dissent, about the mechanism.
So here's my effort to good news. There is a 5-4 gendered part of this case where the five men said this should have been brought under a vehicle called habeas. And the four said, no, it's fine to have brought it the way it was under something called the Administrative Procedure Act. That is a very technical issue. I agree with the the foreign dissent, about the mechanism.
So here's my effort to good news. There is a 5-4 gendered part of this case where the five men said this should have been brought under a vehicle called habeas. And the four said, no, it's fine to have brought it the way it was under something called the Administrative Procedure Act. That is a very technical issue. I agree with the the foreign dissent, about the mechanism.
And the mechanism is important because it leads to sort of what court you have to go to and where it should be. But the main issue was, did the government have to afford all of these people due process prior to moving them out of the country? Nine justices said yes. That part is sort of getting overlooked by the sort of 5-4 split on the procedural issue.
And the mechanism is important because it leads to sort of what court you have to go to and where it should be. But the main issue was, did the government have to afford all of these people due process prior to moving them out of the country? Nine justices said yes. That part is sort of getting overlooked by the sort of 5-4 split on the procedural issue.