@zıpzıp
Bugünkü 23 Haziran Executive order kararlarına karşı açılan davanın görüşmesinde, deyim neredeyse hakim Mehta fırtınası esdi, avukatlarımız bizi çok güzel savundu, dava akışını Rus grubunda ingilizce paylaşmışlar, bizde burada paylaşalım, ayrıca akışı türkçede paylaşacağız
Elena:
I will try recording the call today
The attorneys are joining
Judge has joined, call starting proper
Discussion on 1. Disputes of standing, 2. Issue of records, 3. Issue of 36 outstanding depositions
state is saying all plaintiffs claim to have standing but it is not practical to address all of them individually
but they plan to conduct their arguments in such a way it is not necessary
they are trying to avoid individualised arguments across 100s of plaintiffs
there are 800 or so plaintiffs in the consolidated case
There seems to be a supplemental motion asking for relief based on the issues at embassies
the judge is talking about the fact the damage was actually being done by Covid not the proclamation at the beginning
so the government seems to be arguing the issue was caused by Covid not the proclamation
Yea but now its just an alibi to cancel the dv process
judge doesn't want to make individualised enquiries
our attorneys are challenging the governments assertion embassies are not issuing visas
which is a lie
just that they are not issuing visas for some applicants not others
now the government attorneys are asking for more time
because the gomez attorneys want to amend their complaint and ask for supplemental relief
the judge says he will have a look at any changes or supplements and make a decision
Now moving on to issue on administrative record
Rafael says the government has refused to produce the administrative record
state says the legal questions can resolve all issues without administrative record
judge is challenging this assertion
judge says the government can't just hide
and not produce the guidance
or final agency action records or say no administrative record is relevant
and walk into court room and say that
judge is pushing the state
because of the September 30th deadline
the state is struggling
state asks for a court order to provide administrative record
state says problems due to the scope of the documentation they need to find
judge says no need to find 800 individualised records
just show the instructions and guidance
and those should be easily available
states says the plaintiffs are looking for official guidance shared with kcc and consular offices
Judge seems to be very frustrated with the state attorneys now
as they say they have to go back to their client on that
Judge says he is going to order the state to at least produce minimum administrative record
and the government will have to produce that
the 36 depositions seem to be related to forcing the government to produce unredacted administrative records
Judge says in order to speed things up give him a clean copy
even if it redacted to the plaintiffs attorneys
at the same time
judge is trying to avoid adding these depositions on
which might add further delays
judge is talking about timelines now
state says they will talk to the agencies
Judge gives Monday the 17th of August as a date
The state says they are not aware of any reasons why it can't be done by that day
judge says he will try to be very clear as to what administrative record will mean in his order
oh no, they are talking about possibly rolling in the recent H1B case into this as well
the last thing we need
which may expand the case further
but judge says that might happen based on a decision made later today by judge jackson
So further more delays!
Is it?
No delays as of yet
Judge seems determined to try to avoid that
Ohhh
so even if more plaintiffs are rolled in, as long as there are no further legal arguments things might still be ok