Jon Seidel
@jonseidel.bsky.social
3.6K followers 56 following 300 posts
Federal Courts Reporter, @chicago.suntimes.com
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jonseidel.bsky.social
Yes, the appeals court is still considering a stay pending the full appeal.

Unclear when that later ruling will come.
jonseidel.bsky.social
Sorry, I don't think it's come up in this case as it did in Oregon.

During arguments in Oregon the judge was told they would not be paid during the shutdown.
Reposted by Jon Seidel
cshaplaw.bsky.social
Note that this is a partial grant of the administrative stay only. The court has not ruled on the stay pending appeal.
jonseidel.bsky.social
#BREAKING The 7th U.S. Circuit Court of Appeals PARTIALLY grants the stay sought by the Trump Administration.

The stay is GRANTED as to federalization of the National Guard.

But it is DENIED as to deployment.

So deployment still BLOCKED, but troops "do not need to return to their home states."
jonseidel.bsky.social
#BREAKING The 7th U.S. Circuit Court of Appeals PARTIALLY grants the stay sought by the Trump Administration.

The stay is GRANTED as to federalization of the National Guard.

But it is DENIED as to deployment.

So deployment still BLOCKED, but troops "do not need to return to their home states."
jonseidel.bsky.social
"Defendants believe that the federalization of the National Guard requires no explanation, identifiable scope, or provable factual underpinning, and that federalization determinations are immune from Article III review."
jonseidel.bsky.social
The State of Illinois has already responded to the Trump administration's request for a stay of the National Guard order.

Find the latest filing here: cst.brightspotcdn.com/69/24/1cc28b...
jonseidel.bsky.social
"The district court impermissibly second-guessed the Commander in Chief's military judgments — something district courts lack the authority and competence to do."
jonseidel.bsky.social
#BREAKING Trump administration asks 7th U.S. Circuit Court of Appeals to stay Thursday's order from U.S. District Judge April Perry in Illinois v. Trump.

Perry's order blocked the deployment of National Guard troops within Illinois.

Motion here: cst.brightspotcdn.com/0d/8f/b5ed60...
jonseidel.bsky.social
Happy to do it. Thanks for the kind note.
jonseidel.bsky.social
NEW: U.S. District Judge April Perry's 51-page written opinion in Illinois v. Trump is in.

Full opinion here: cst.brightspotcdn.com/6d/6a/8d3a44...
jonseidel.bsky.social
Sorry, it's a reference to the defendant's right to a speedy trial. Most defendants actually DON'T seek a speedy trial, because they want time to prepare or negotiate plea deals. "Excluding time" means the time does NOT count toward speedy trial deadlines.
jonseidel.bsky.social
Dana Briggs' case has been downgraded to a misdemeanor, btw. And his lawyer sought a trial.

It's set for Dec. 8.
jonseidel.bsky.social
U.S. Magistrate Judge Gabriel Fuentes has been holding a hearing in the case of Dana Briggs, a protester arrested outside Broadview's ICE facility. The prosecutor did not move to exclude time, and Fuentes found it curious.

"Lately, you see some strange things," he says.
jonseidel.bsky.social
U.S. Magistrate Judge Gabriel Fuentes has been holding a hearing in the case of Dana Briggs, a protester arrested outside Broadview's ICE facility. The prosecutor did not move to exclude time, and Fuentes found it curious.

"Lately, you see some strange things," he says.
jonseidel.bsky.social
Turns out Juan Espinoza Martinez's attorneys are waiving a detention hearing for now. They asked for a preliminary hearing, which the judge set for Wednesday.

He remains in custody. Court adjourned.
jonseidel.bsky.social
Fuentes is praising both sides — the prosecutor and defense attorney — for verifying Ivery's diagnosis.

"Case dismissed."