Judge Perry’s written TRO in #Illinois v #Trump is in.

The #DOJ has also filed a notice of appeal.

The fight over the #NationalGuard is officially headed to the 7th Circuit.

Judge Perry says the order will say defendants are "temporarily enjoined from ordering the federalization & deployment of the #NationalGuard of the #UnitedStates within #Illinois."

You have to be very clear with these snakes.

#Court is adjourned.

Once Judge Perry’s written order is posted, I will link it (she said Friday) Isn’t it nice when justice is served & democracy is upheld?

Judge Perry: "Any reason I can't just say 'National Guard'?"

Wells' co-counsel: "You could say 'National Guard of the United States.'"

Wells' co-counsel also reminds Perry that members of the #California #NationalGuard are also in #Illinois [wait, I thought it was just #Texas].

Judge Perry is back on the bench.

Trump admin lawyers had left the courtroom, though. So now Perry is waiting on them.

Christopher Wells from #Illinois tells Perry "we would request the addition of language intended to cover #NationalGuard from other states, or the National Guard of the #UnitedStates.

"We don't want to get into an #Oregon situation."

Judge Perry has handed a draft of her written #CourtOrder to both sides & left the bench. She's letting them look at it until she returns.

We still don't know the exact details of her order. She said she's granting the #TRO "in part," which indicates some part of it is also being denied. Stay tuned.

Judge Perry goes on to say the deployment of the #NationalGuard is "likely to lead to civil unrest."

[ya think?]

Perry: "Chicago's history of strained policing community relations is extremely well documented, but also fairly nuanced. … It can be hard for federal authorities, &and certainly those from #Texas, to appreciate."

Judge Perry: "Deportations are up. Arrests are up. … The courthouse remains open & always has. Federal laws are being executed. They're also being broken, as they have been since the beginning of time."

Perry: "There is no evidence that the president is unable, with the regular forces [meaning state/city/local LEOs], to execute the laws of the United States."

On the idea of “deference” to the president, Judge Perry acknowledges that when it comes to #NationalSecurity, "the executive is better suited to evaluate the precise nature of the threat."

However . . .

Perry: "I have seen no credible evidence that there is danger of rebellion in the state of #Illinois."

Damn straight.

Judge Perry is now taking on the idea that Trump's decision is not subject to judicial review.

She says 10 USC §12406 permits federalization of guard troops in 3 instances, "not whenever *he* determines when one of them is met," Perry says.

#Trump #Chicago #law #judiciary #NationalGuard #PosseComitatusAct #MilitaryState #MartialLaw #authoritarianism #autocracy #dictatorship #fascism #tyranny

https://www.law.cornell.edu/uscode/text/10/12406

Judge Perry cites other fed prosecutions/lawsuits in #Chicago & says "in the last 48 hours, in 4 separate unrelated legal decision from different neutral parties, they all cast significant doubt on #DHS' #credibility & assessment of what is happening on the streets of Chicago."

Nice!

U.S. District Judge April Perry says it comes down to a "#credibility determination."

"I simply cannot credit [the #Trump administration's] declarations to the extent they contradict state & local law enforcement. … #DHS' perception of events are simply #unreliable."

[Hell yeah they are]

#BREAKING

A federal judge rules she will GRANT "in part" a request by the state of #Illinois for a temporary restraining order [#TRO] against the deployment of #NationalGuard troops into the state.

U.S. District Judge April Perry has yet to outline the details of her order.

U.S. District Judge April Perry just took the bench in #Illinois v. #Trump, over the deployment of the #NationalGuard.

Perry: "I'm going to issue an oral ruling."

Perry: "The plaintiffs' motion will be granted in part."

JUST IN: A new filing in #Illinois v. #Trump says "there are no plans for the National Guard to be at the" Dirksen Federal Courthouse.

This lays out a request for help protecting buildings "in the Federal Plaza *area*."

"I was not aware the request to protect the Federal Plaza did not include the Federal District Court."

There's been NOTHING in writing, so "ARNORTH does not intend to support this request."

The doors to Judge April Perry's courtroom have been opened, & people are taking their seats again in the gallery in anticipation of a 4:30 hearing.

Reminder, Perry said, "I am going to say 4:30, & I'm going to do my best to be back at 4:30."

#Illinois AG atty Wells is back up briefly to inform the court:

"#Texas troops are already at the #Broadview #ICE facility, a #sovereign injury has already occurred & growing worse & those troops are going to be at this courthouse tomorrow."

Court is in recess until 4:30.