Latest news with #3rdCircuitCourtofAppeals
Yahoo
2 days ago
- Politics
- Yahoo
Judge says Columbia University activist facing deportation should be freed
Supporters of Mahmoud Khalil rally outside the federal courthouse in Newark on March 28, 2025. (Reena Rose Sibayan for New Jersey Monitor) A federal judge ruled Wednesday that a Columbia University activist detained for partaking in pro-Palestinian protests cannot be held by the federal government over allegations that his presence in the United States undermines the nation's foreign policy interests. U.S. District Judge Michael Farbiarz issued the order Wednesday but gave federal prosecutors until Friday at 9:30 a.m. to ask the 3rd Circuit Court of Appeals to step in. It's unclear if the activist, Mahmoud Khalil, will be released Friday if the government does indeed appeal. 'This is the news we've been waiting over three months for. Mahmoud must be released immediately and safely returned home to New York to be with me and our newborn baby, Deen,' Noor Abdalla, Khalil's wife, said in a statement from the American Civil Liberties Union of New York. 'True justice would mean Mahmoud was never taken away from us in the first place, that no Palestinian father, from New York to Gaza, would have to endure the painful separation of prison walls like Mahmoud has.' If it stands, Farbiarz's ruling, which comes on the heels of a previous decision that said the government's push to deport Khalil was likely unconstitutional, could deal a blow to the Trump administration's efforts to deport dissidents. Khalil was arrested by immigration authorities in March and has been held in Louisiana since. He's fighting two cases to fend off his deportation — one in Louisiana and one in New Jersey, because he was being transferred through Elizabeth Detention Center when his attorneys first filed a petition for his release. U.S. Secretary of State Marco Rubio claimed Khalil supports terrorist group Hamas and called his presence in the country a national security risk. Rubio has cited a rarely used provision of the Immigration and Nationality Act of 1952 to justify Khalil's deportation. Farbiarz noted in his Wednesday ruling that the government could argue that Khalil would have been detained anyway because he inaccurately filled out his lawful permanent resident application, which can be a basis for removal under very rare circumstances. But that argument won't work, he said. 'Lawful permanent residents are virtually never detained pending removal for the sort of alleged omission' Khalil is accused of, the judge wrote in the 14-page filing. Khalil, whose wife and newborn son are American citizens, has not been charged with any crime. He was among the first university students who were picked up by immigration authorities targeting pro-Palestine activists. Some students who were detained under similar circumstances have been released but still face deportation. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
28-05-2025
- General
- Yahoo
Trump Nominates His Defense Lawyer-Turned-DOJ Yes Man For Federal Appeals Court
It's indoor work, and there's no heavy lifting: a top former personal attorney and bagman for the President — and current DOJ official — is now the nominee for a seat on a federal appeals court. President Trump nominated Emil Bove III to a seat on the 3rd Circuit Court of Appeals on Wednesday. He said in a Truth Social post that he expected Bove to use his seat on the federal circuit court to 'end the Weaponization of Justice, restore the Rule of Law, and do anything else that is necessary to, MAKE AMERICA GREAT AGAIN.' 'Emil Bove will never let you down!' Trump wrote. In a DOJ now led by former personal attorneys to the President and increasingly staffed by a mixture of ideologues and careerists devoted to exploring new and creative ways to please the White House, Bove has distinguished himself. That's in part a feature of his brazenness: he's been at the forefront of the new administration's push to break down the barrier that long existed between federal criminal law enforcement and political decision-making in the White House. Bove, during his tenure as acting Deputy Attorney General and then principal Associate Deputy Attorney General, acted as if that barrier was never there. He entered the DOJ earlier this year with no cooling-off period after defending Trump in his criminal cases. He had spent much of 2024 representing Trump in his Manhattan hush money trial. Days before the President was inaugurated, Bove appeared again in person in Manhattan state court for the surreal spectacle of Trump being sentenced to nothing. Then, within weeks, Bove was leading the DOJ while Trump's other nominees awaited confirmation. There, he distinguished himself as an unusually fierce advocate for Trump's political priorities. In the administration's first days, Bove told prosecutors to investigate and consider prosecuting state and local officials who oppose the Trump administration's wanton approach to immigration policy. In February, Bove applied that logic to an individual: New York City Mayor Eric Adams. Bove led negotiations with Adams' legal team and with Manhattan federal prosecutors, part of an attempt to turn the preexisting corruption case against Adams into leverage: the DOJ, Bove offered, would dismiss the case, for now. And, the deal went, if Adams complied with Trump's immigration priorities, prosecutors would not revive the charges. The deal provoked the resignation of several Manhattan federal prosecutors, including the acting U.S. Attorney for the Southern District of New York. Bove then tried and failed to persuade other lawyers to appear with him at a court hearing in the case, an episode that saw several members of the DOJ Criminal Division's Public Integrity Section resign. Bove eventually appeared at the hearing alone, an extraordinary move for a high-ranking federal law enforcement official. The deal had to pass muster before the federal district judge trying the case, Dale Ho. It failed to do so. Judge Ho ordered the case permanently dismissed, but said that Bove had done something unique: he was unable to find another example of a prosecution being withheld in order to 'facilitate federal policy goals,' and, Ho added, it appeared to violate 'the basic promise of equal justice under law.' Bove had served in the Manhattan federal prosecutors' office during the first Trump administration and for the first year of the Biden administration. There, he helped prosecute January 6 rioters, and reportedly became known for a 'bellicose' management style. The irony here is that in the Trump administration's first weeks Bove laid the groundwork for firing prosecutors and investigators who worked on the Jan. 6 cases. It was, reportedly, Bove who ordered FBI leadership to come up with a list of every agent or staff member assigned to the Jan. 6 investigation, the largest criminal probe in U.S. history. It's not clear to what seat Trump nominated Bove. There are two open seats on the 3rd Circuit; one in New Jersey, and another in Delaware. Trump said in the post that Bove was 'SMART, TOUGH, and respected by everyone.' The DOJ did not immediately return a request for comment on Bove's behalf.
