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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnother federal judge just *roasted* DHS - and I'm not exaggerating.
The chief judge of the District of Minnesota, Patrick Schiltz, a Bush appointee generally considered to be relatively conservative, issued an order like nothing I've ever seen from a court before. I can imagine the physical paper copy blackening and curling up at the edges.
https://www.twincities.com/2026/02/26/a-chief-judge-warns-minnesotas-top-prosecutor-and-ice-obey-court-orders-or-face-contempt/
No paywall https://www.twincities.com/2026/02/26/a-chief-judge-warns-minnesotas-top-prosecutor-and-ice-obey-court-orders-or-face-contempt/?share=deen2m2sismfncabucaw
As noted, Rosen asserted in his email that [t]he lawyers in my civil division didnʹt deserve the supposedly inaccurate January 28 order. Putting aside the fact that the January 28 order was not inaccurate, Rosen failed to mention that this Court said the following in the show‐cause order that preceded the January 28 order:
The Court expresses its appreciation to attorney Ana Voss and her colleagues [in the civil division], who have struggled mightily to ensure that respondents comply with court orders despite the fact that respondents have failed to provide them with adequate resources.
The judges of this District have been extraordinarily patient with the government attorneys, recognizing that they have been put in an impossible position by Rosen and his superiors in the Department of Justice (leading many of those attorneysincluding, unfortunately, Ana Vossto resign). What those attorneys didnt deserve was the Administration sending 3000 ICE agents to Minnesota to detain people without making any provision for handling the hundreds of lawsuits that were sure to follow.
....
If anything is beyond the pale, it is ICEs continued violation of the orders of this Court. Increasingly, this Court has had to resort to using the threat of civil contempt to force ICE to comply with orders. The Court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contemptagain and again and againto force the United States government to comply with court orders.
This Court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt. One way or another, ICE will comply with this Courts orders.
https://s3.documentcloud.org/documents/27422498/chief-judge-patrick-schiltz-order.pdf
CoopersDad
(3,302 posts)Schiltz had previously described ICE as a serial violator of court orders related to the enforcement surge. In a Jan. 28 order, he expressed grave concerns after federal judges in Minnesota identified 96 orders that ICE had violated in 74 cases. In Thursdays order, Schiltz said the governments response was not to do a better job complying with court orders, but instead to attack the Court.
AZJonnie
(3,443 posts)Attilatheblond
(8,616 posts)and ignore judgments, court orders, and laws. The coup already took place. Only road open is to arrest the lot of them, starting with the top.
AllaN01Bear
(29,139 posts)TheRickles
(3,288 posts)And what would the actual penalty be? IANAL
ShazzieB
(22,446 posts)I would have thought the time for threatening criminal contempt charges is long past by now. IANAL or a judge, so I don't know what the criteria are for charging or how many warnings it's customary to give, but I can't help wondering wtf it's going to take.
Don't get me wrong; I love Schiltz' ruling. I just have questions!
Ocelot II
(130,048 posts)The judges in this district realize that the lawyers in the US Attorneys' Office haven't been able to keep up with the work created by the violence and overreach of 3,000 ICE agents kidnapping people off the street without due process, and for that reason they haven't in most cases cited the individual AUSAs, many of whom have now actually quit. I think this judge was clearly aiming his threat at the boss, Daniel Rosen (a recent appointee as US Attorney and apparently a Trump toady), and maybe higher up the ladder. There's no point in filing contempt charges against the rank and file AUSAs, because they can't manage the impossible workload DHS/ICE has dumped on them.
The only way DHS can fix the problem is by turning everyone loose who's filed a habeas petition.
TheRickles
(3,288 posts)Ocelot II
(130,048 posts)unlikely considering the enormous backlog and the fact that half of the AUSAs have quit, or will they simply release the people who have filed habeas petitions? That office has already had to dismiss cases against actual criminals because there weren't enough prosecutors left to handle those cases, so why shouldn't the habeas petitioners be turned loose too?