logo
Florida's attorney general appeals judge's contempt finding in immigration case

Florida's attorney general appeals judge's contempt finding in immigration case

Miami Herald2 days ago
Florida Attorney General James Uthmeier has appealed a federal judge's ruling that found him in civil contempt because of a letter he sent in April after she ordered a halt to enforcement of a new state immigration law.
Uthmeier's lawyers last week filed a notice of appealing U.S. District Judge Kathleen Williams' ruling to the 11th U.S. Circuit Court of Appeals.
As is common, the notice does not detail arguments that Uthmeier will make at the Atlanta-based appeals court. But the appeal is the latest move in an unusual dispute between Uthmeier and the Miami-based judge.
The issue stems from a law, passed during a February special legislative session, that created state crimes for undocumented immigrants who enter or re-enter Florida. The Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs filed a lawsuit on April 2, contending, in part, that the law violates what is known as the Supremacy Clause of the U.S. Constitution because immigration enforcement is a federal responsibility.
Williams on April 4 issued a temporary restraining order to block enforcement of the law. She extended the temporary restraining order April 18 and directed Uthmeier to send a letter notifying police agencies that they could not enforce the law. The directive came after reports of arrests. Uthmeier sent such a letter April 18 but followed with an April 23 letter that spurred the contempt issue.
Uthmeier has argued that the temporary restraining order — and a longer-lasting preliminary injunction issued later — should only apply to him and local state attorneys because they were the named defendants in the underlying legal challenge to the law (SB 4-C).
In the April 23 letter to police agencies, Uthmeier reiterated that position and said he could not prevent police from enforcing the law 'where there remains no judicial order that properly restrains you from doing so,' according to Williams' June 17 contempt ruling.
Williams said that statement and other wording in the letter violated her order, writing that in a 'variety of ways, Uthmeier's April 23rd letter conveyed to law enforcement that they could and should disregard the April 18th letter's message that they were required by court order to cease enforcement of SB 4-C.'
'Uthmeier's role endows him with a unique capacity to uphold or undermine the rule of law, and when he does the latter by violating a court order, the integrity of the legal system depends on his conduct being within the court's remedial reach,' Williams wrote in the 27-page contempt ruling.
In a court filing in May, Uthmeier's lawyers said he complied with the temporary restraining order by not enforcing the law and notifying law-enforcement agencies about the temporary restraining order. The filing said Uthmeier was free to express his disagreement with Williams' decision in the April 23 letter.
'The attorney general has consistently abided by the court's order to cease enforcing (the law),' the document said. 'Nowhere does the TRO (expressly or impliedly) require the attorney general to refrain from sharing his views about the order with law enforcement.'
The filing also said Williams' reading of the April 23 letter 'relies on one portion of one sentence, rather than reading (the) letter as a whole and in the context of what preceded it: the April 18 letter' and a legal brief that also was filed April 23.
To carry out the contempt finding, Williams ordered Uthmeier to file bi-weekly reports about whether any arrests, detentions or other law-enforcement actions had occurred under the blocked law — filings he has submitted.
Williams on April 29 issued a preliminary injunction to continue blocking the law, saying it likely was preempted by federal immigration-enforcement authority. In part, she pointed to the law requiring that violators go to jail and indicated that could conflict with federal authority.
Uthmeier also has appealed the preliminary-injunction ruling to the 11th Circuit Court of Appeals. He asked the appeals court and the U.S. Supreme Court for a stay of the preliminary injunction but was turned down. Such a stay would have allowed enforcement of the law while the legal battle plays out.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

‘The View' co-host warns Colbert cancellation could lead to the ‘dismantling of our Constitution'
‘The View' co-host warns Colbert cancellation could lead to the ‘dismantling of our Constitution'

New York Post

time17 minutes ago

  • New York Post

‘The View' co-host warns Colbert cancellation could lead to the ‘dismantling of our Constitution'

'The View' co-host Sunny Hostin warned on Tuesday that CBS canceling Stephen Colbert's 'Late Show' could be the start of the 'dismantling of our Constitution.' CBS announced Thursday 'The Late Show' will end in May at the end of its broadcast season. Though CBS and parent company Paramount said the choice to cancel the series was 'purely a financial decision,' and the show was reportedly losing the network $40 million a year, many liberal commentators claim it was for political reasons. Just days before the cancellation, Colbert slammed Paramount's recent settlement with President Donald Trump over his lawsuit against '60 Minutes' as a 'big fat bribe' ahead of a pending merger between Paramount and Skydance Media. Hostin and her fellow co-hosts were also skeptical of CBS' explanation for canceling Colbert's show based on the 'timing' of the announcement. She pointed out that if politics were involved, then the fabric of democracy could be in jeopardy. 6 Hostin and her fellow co-hosts were also skeptical of CBS' explanation for canceling Colbert's show based on the 'timing' of the announcement. 6 Just days before the cancellation, Colbert slammed Paramount's recent settlement with President Donald Trump over his lawsuit against '60 Minutes.' The Late Show with Stephen Colbert 'My concern is, if it is political, then everyone should be concerned. People on the right should be concerned. People on the left should be concerned. Because it's very clear that, if it is political, this is the dismantling of our democracy. This is the dismantling of our Constitution. Right?' Hostin said to the cheering of the studio audience. She continued, 'The First Amendment is the First Amendment for a reason and that is freedom of the press, freedom of speech. Freedom to speak truth to power. If that is taken away, if the comedians are being attacked, then that means our Constitution is being dismantled… That means the very rubric of our democracy is being dismantled. And I think every single person should be really, really concerned about it.' 6 She continued, 'The First Amendment is the First Amendment for a reason and that is freedom of the press, freedom of speech. 6 Protestors holding signs that read 'Colbert Stays! Trump must go!' and include images of Stephen Colbert, Joe Biden, and Donald Trump. 6 If that is taken away, if the comedians are being attacked, then that means our Constitution is being dismantled. Hostin praised Sens. Elizabeth Warren, D-Mass., and Bernie Sanders, I-Vt., for speaking up on the issue and demanding answers. Several other high-profile Democrats also spoke out against canceling Colbert, whose show was openly favorable to their party while hostile to Republicans. 'We must protect our Constitution and we must protect our democracy! This is bigger than just the cancellation of a television show!' Hostin exclaimed. Her co-host Joy Behar blamed Trump for Colbert's cancellation and warned 'all bets are off' if comedians are taken down. 6 Her co-host Joy Behar blamed Trump for Colbert's cancellation and warned 'all bets are off' if comedians are taken down. 'It's always been the role of the court jester to make fun of the king. That is the role of comedians. I have said on this show, I think I said it years ago, when they start coming for the comedian, all bets are off, because the king is supposed to take the hits and this guy has a skin thinner than, I don't know, than this card,' Behar said, holding one up. Colbert fired back against Trump on his show Monday night after the president celebrated his show ending on Truth Social, writing, 'I absolutely love that Colbert got fired. His talent was even less than his ratings. 'How dare you, sir?' Colbert responded. 'Would an untalented man be able to compose the following satirical witticism? Go f— yourself.'

Ex-DOGE lawyer launches AI policy council to push US to front of tech race with China
Ex-DOGE lawyer launches AI policy council to push US to front of tech race with China

New York Post

time17 minutes ago

  • New York Post

Ex-DOGE lawyer launches AI policy council to push US to front of tech race with China

WASHINGTON — A former top lawyer at the Department of Government Efficiency launched a new artificial intelligence policy council on Wednesday, coinciding with executive actions by President Trump to deregulating the industry, The Post can reveal. James Burnham, who also held a senior position in the Department of Justice during Trump's first term, is founding the AI Innovation Council to push an 'America First' approach to AI and prevent China from winning the race for global tech dominance — both economically and militarily. 'Artificial intelligence is a revolutionary technology with the potential to make the United States wealthier and greater than it has ever been,' he said. Advertisement 3 The Department of Government Efficiency's former top lawyer James Burnham is launching a new artificial intelligence policy council on Wednesday to coincide with executive actions by the Trump administration. LinkedIn / James Burnham 'That's why President Trump made clear in his first week back in office that 'the policy of the United States is to sustain and enhance America's global AI dominance in order to promote human flourishing, economic competitiveness, and national security.' 'I have been as outspoken as anyone about the problems of Big Tech and monopoly power, but it's a major mistake to let legitimate concerns about past abuses block new innovators from propelling our nation into a new golden age.' Advertisement The new council will sketch out regulatory frameworks for AI and help boost US-based companies. 3 The 'AI Action Plan' will be touted by the president's czar on the issue, Silicon Valley billionaire David Sacks, and will further promote the 'export' of American AI tech abroad and build out data centers in the US. AP Trump, 79, is set to sign several AI-related executive orders Wednesday afternoon — including an expected action to curb 'woke' models. The 'AI Action Plan' will be touted by the president's AI czar, Silicon Valley billionaire David Sacks, and will further promote the 'export' of American tech abroad and build out data centers in the US. Advertisement Last week, Sacks joined Trump in announcing more than $100 billion in AI- and energy-related private sector investments at a forum in Pittsburgh. 3 Last week, Sacks joined Trump in announcing more than $100 billion in AI- and energy-related private sector investments at a forum in Pittsburgh. Getty Images The administration may also prevent states from taking too heavy a hand in regulating the industry, according to a summary seen by Reuters. Advertisement A proposed moratorium on state and local AI regulation was removed from the One Big Beautiful Bill Act by congressional Republicans before Trump signed it July 4. 'The goal isn't just to win the innovation race,' Burnham said. 'It's to help launch America's golden age.'

Trump administration cancels pending loan for massive power line project
Trump administration cancels pending loan for massive power line project

Politico

time18 minutes ago

  • Politico

Trump administration cancels pending loan for massive power line project

The Trump administration canceled the conditional loan guarantee on the same day it outlined its plans to dominate the global artificial intelligence race, including spurring the additional energy needed to achieve that goal. The administration has instead taken action to stunt wind and solar development, including a recent executive order designed to limit the ability of those projects to continue to utilize tax incentives under the GOP megalaw. The department said the conditions necessary to issue the loan guarantee for the Grain Belt Express project were 'unlikely to be met,' and it 'is not critical for the federal government to have a role in supporting' the project. The decision lands after Missouri GOP Sen. Josh Hawley said the administration would kill the financing at his urging. Hawley has opposed the Grain Belt project over its use of eminent domain on farmland. Hawley thanked President Donald Trump on X on Wednesday and called the would-be loan a 'boondoggle.' The project is expected to break ground next year and would provide sorely needed interregional transmission capacity, carrying 5 gigawatts of power across four regional grids. It has received approvals from regulators in all four states it is set to cross. Invenergy, the Chicago-based developer behind the project, did not immediately respond to a request for comment. The power line has largely been marketed as a wind project, but Invenergy is now looking to connect a new gas plant and possibly existing coal generation to the line and paint the project as a key component of the Trump administration's energy dominance agenda. The prior administration announced its intent to offer the loan guarantee in the final months of former President Joe Biden's term. Energy Secretary Chris Wright has repeatedly criticized the Biden administration's actions on billions of dollars of loans in its waning days but has said the loan office can play a vital role in supporting certain projects such as nuclear and critical minerals. DOE said Wednesday it is conducting a review of the office's portfolio, including the closed loans and conditional commitments made between Election Day 2024 to Trump's inauguration to ensure taxpayer dollars are being used to 'advance the best interest of the American people.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store