Since 2021, the #ICC had deprioritized the investigation into American troops in #Afghanistan & focused on alleged crimes committed by the Afghan govt & the #Taliban forces.
ICC judges also issued arrest warrants for #Netanyahu, fmr Israeli defense chief #YoavGallant & #Hamas leader #IbrahimAlMasri last Nov for alleged #WarCrimes & #CrimesAgainstHumanity during the #Gaza conflict. Alapini Gansou & Hohler ruled to authorize the arrest warrant against Netanyahu & Gallant, #Rubio said.

@jwildeboer

Did Rubio get a lobotomy or was he replaced by a double cloned in nazi germany? The right to shout sieg heil and deny 6 million killed jews… what are they thinking? This has nothing to do with free speech…

Marco Rubio Says No Judge Has Authority Over Him in Alarming Testimony
https://newrepublic.com/post/195519/marco-rubio-judge-authority-testimony-senate

Trump lawyers tell Supreme Court that Constitution doesn’t apply to the president
https://mastodon.social/@persagen/114518401131512749

#Christofascism #Trump #transgenocide #Rubio #ConstitutionalLaw

#Trump #Christofascism #antiLGBTQ #transgenocide
#Poilievre #DanielleSmith #ScottMoe #Trumpism

#TransLivesMatter #BlackTransLivesMatter #TransRights
https://mastodon.social/@persagen/114186381298087870

Rossman: It can't be that #SCOTUS issued an order that's empty.

Rossman reads the #SupremeCourt order requiring release of #KilmarAbregoGarcia from custody & treatment of his case as if he hadn't been removed...

That itself implies some extra-territorial steps, he says.

Rossman now addresses the #Rubio declaration.

Simply saying “national security” is insufficient, he says.

#Xinis: Another piece of this is what am I supposed to believe? The affiant (#Rubio) has said "I'm not going to tell the judge." So this is why this is getting complicated..& I need the govt to do I little more work.
I don't agree this is like other affidavits that set out what aspects of agency functions would be endangered

#Xinis again asks how she should know from the affidavit that these categories pose a real danger to foreign affairs.

Guynn: I can read the portions of the affidavit into the record if you'd like.

Xinis: Well you can but they're quite general...

Guynn reads part of #Rubio affidavit.

Xinis: Ok let me stop you there.

#Xinis: Right & in that case it also says there needs to be enough that the judge satisfies herself of danger...

Xinis points to a paragraph that says the head of relevant #ExecutiveBranch has to invoke after personal consideration. How do I know from this affidavit what #Rubio considered?

[reminder, Rubio’s declaration was like 2 sentences]

Xinis: In other words, how do I assess that? It's very very general.

#Xinis: So I need to understand that the executive believes there's a danger to diplomatic relations. But I need to know HOW it does. And I don't have that here.

#DOJ: You have the #Rubio declaration, which was modeled on successful declarations in other cases

Xinis: Walk me through it. Tell me why Rubio declaration satisfies.

Guynn: Cites 4th Circuit case. Court explained that gov needs to provide "formal" claim from high-ranking ofcl as to the invocation of #privilege.

#Xinis turns to whether there's an affidavit from a high-level ofcl at #DHS invoking the #StateSecrets privilege. They filed one from #Rubio (#State) but not DHS. Guynn says #DOJ would rely on declarations in JGG case. Xinis isn't having it, says she won't look to filings in another case.

Xinis: I'll take a look at [the state secrets issue], but the only reason is because I take my role as a member of the third branch of government seriously.

#Xinis: Seems there has been some progress though. Govt seems to have suggested that there are additional custodians that need to be identified. So that's progress, correct?

Rossman: Correct. Have agreed to a number of more custodians. But don't have docs yet. They have been slow. Govt agreed to May 1 production of those docs.
Agreed to produce docs from #Rubio, #Noem...

Xinis: When did that change?

Rossman: Last 2 wks

Atty for #KilmarAbregoGarcia is Andrew Rossman today.

For #DOJ, it's Jonathan Guynn (no Drew Ensign today).

DOJ doesn't object to unsealing the #Rubio affidavit re: #StateSecrets #privilege.

Rossman: We're practical folks & we've tried to get answers to questions posed by judge in April. What’s custodial status? what steps, if any, have been taken? what steps, if any, will be taken in the future?
We went about it in straightforward ways.

A lot of the filings are under seal.

But #Xinis says she wants to try to do as much of it as she can in open court.

Xinis: My current thinking on #StateSecrets is that there's 1 affidavit from #Rubio, & most of that has been publicly disclosed. Portions filed in JGG. Large portions cited in public pleading.

So I am prepared to take that off of under seal docket to talk in open court.