SDNY COURTHOUSE, March 25 – A panel of the Second Circuit Court of Appeals,
faced with a factual dispute about whether an appellant
before them had or had not been flown from Alexandria,
Virginia to Honduras and back in January, referred the
matter to a special master. Selected was U.S.
District Court for the Southern District of New York Judge
Jesse M. Furman. He held a conference on March 18 which
Inner City Press live tweeted:
Judge Furman: I have received the parties
joint letter [It is not in the docket, at least not as of
2:31 pm] I propose the bifurcate the issue. There is a
filing in the Court of Appeals by a government contractor
that DOJ says moots this. I disagree
Judge Furman: He did take a bus to and from
the staging area on that day. The dispute is what happened
in between. So we need a list of contractors who handled
egress - and flights between Alexandria and Honduras.
Petitioner's lawyer Perry McAninch of Legal
Aid: We'd like a list of everyone else on the removal
flight. Judge Furman: I think there should be a protective
order
DOJ's Christopher Pryby: He has a version
that is contradicted by the record. Judge: Can I interrupt
you? I've already ruled on that. I'm not going to resolve
it on the existing record. DOJ's Pryby: The Court of
Appeals wants to know if he was on the plane.
DOJ's Pryby: If you want names of the
contractors, and who was on the plane, and who spoke with
the petitioner - there are privacy concerns. We are
disinclined to disclose who has been removed, to protect
the privacy of the people removed. Judge: Protective order
DOJ's Pryby: We'll meet and confer then
inform
[in the docket?]
There should be a protective order by
Friday - and a letter about bringing the petition back to
New York, or an order granting that - and discovery
demands by Monday. The US got three weeks to
respond. The appeal proceeds in the Second Circuit,
with the merits brief due on May 11.
On March 20 the US Attorney's Office wrote
in arguing that Judge Furman does not have the authority
to order RRMC returned to New York. On March 25 Legal Aid
wrote in disagreeing. At 3 pm on March 25 Judge Furman
said he had another proceeding and mentioned the
Constitution. Drum roll - watch this site.
The SDNY case is R.R.M.C. v. Brondi,
26-mc-114 (Furman)
