Lawyers for the Trump administration are invoking the partial government shutdown to ask that judges delay some cases, including an Emoluments Clause lawsuit over claims that President Trump is illegally profiting from business his Washington hotel does with foreign countries while in office.
Justice Department attorneys representing Trump asked a federal appeals court on Wednesday to postpone all future deadlines in an appeal related to a suit that the governments of Maryland and Washington, D.C., filed over Trump’s alleged violation of the Emoluments Clause of the Constitution by accepting payments from foreign governments through his Trump International Hotel in Washington, D.C.
“Department of Justice [DOJ] attorneys and employees are prohibited from working, even on a voluntary basis, except in very limited circumstances, including ‘emergencies involving the safety of human life or the protection of property’ ” during shutdowns, DOJ attorneys told the court in a filing.
“Undersigned counsel for the Department of Justice therefore requests a stay of all deadlines in this case until Congress restores funding to the Department.”
The Hill adds:
In other federal cases across the country, attorneys representing migrants accused of crossing the border illegally also found immigration hearings postponed without warning following a decision from the Department of Justice’s Executive Office of Immigration Review (EOIR).
Law and Crime reported Wednesday that EOIR sent out a notice stating that cases “will be reset for a later date after funding resumes.”
“Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing,” the statement continued.
On social media, immigration attorneys complained about the lack of notice given to them or their clients about the change in case scheduling due to the partial shutdown.
“It really is ridiculous. The only notice I’ve seen is on @DOJ_EOIR regarding Christmas eve and then that dense DOJ contingency plan posted on the courts’ site,” Asian Law Caucus attorney Kevin Loh wrote on Twitter.
“If it wasn’t for connecting with other attorneys on Twitter and calling the court myself, I’d have no clue what’s going on @DOJ_EOIR,” added Kishen Barot, an attorney with the African Hispanic Immigration Organization (AHIO).