The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, May 9
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May 12, 2025 A live discussion dives into the civil litigation surrounding Trump’s executive actions, highlighting the release order for Rümeysa Öztürk and conflicts over Radio Free Europe funding. The complexities of immigration law and freedom of expression are explored through a Tufts University student's detention case. Delving into the Justice Department’s shifting dynamics, the conversation addresses the impact of political appointees. Key legal battles reveal the intersection of deportation, human rights, and government scrutiny, providing fascinating insights into the current legal landscape.
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Öztürk's Detention and Release Hearing
- Rümeysa Öztürk, a Tufts University PhD student, was detained possibly due to an op-ed she wrote.
- A Vermont judge ordered her immediate release citing no flight risk or danger to the community.
Custody Confusion Impacts Jurisdiction
- Habeas petition venue depends on district of confinement and correct custodian naming.
- Government struggled to identify Öztürk's custodian during transit, affecting jurisdiction claims.
Madawi's Release Shows Judicial Scrutiny
- Madawi was released pending appeal after court rejected jurisdictional challenges.
- Courts are willing to release detainees while immigration cases proceed on merits.