A judge with a history of making Donald Trump mad is now involved in a new lawsuit brought against the administration, and the jurist suggested this weekend that she might not have jurisdiction over the case at all.
Politico reported on Friday that Judge Chutkan was "worried publicly" that the Trump administration had, “with a wink and a nod,” deported a "group of African nationals to Ghana, only to have Ghana redirect them to countries where they may face torture and persecution."
The next day, Chutkan, who presided over Trump's criminal case for allegedly trying to overturn the 2020 election, held a hearing in which she reportedly tipped her hand.
As legal analyst Roger Parloff reported, "Judge Chutkan just finished a phone conference hearing in D.A. v. Noem. Plaintiffs allege the govt is sending African aliens to Ghana knowing Ghana will forward them to home countries where US courts have barred govt from sending them directly due to reasonable fear of torture or persecution."
"Judge Chutkan fears she lacks jurisdiction—4 plaintiffs are already in Ghana & one has already been forwarded to Gambia—or that she should transfer the case to Judge Murphy in Boston as part of the DVD class action on 3d country removals," he added Saturday.
According to Parloff, the ACLU's Lee Gelernt "argued that DVD challenges general procedures whereas DA's claim is narrow: Ghana gave the US diplomatic assurances that it would not forward aliens to countries where they face persecution/torture, yet it's doing exactly that with US acquiescence/connivance."
"Alternatively, he argues that even if Judge Chutkan does send the case to Judge Murphy, she should at least order interim relief, since plaintiffs may be sent to Nigeria & Gambia, where they face torture, today. He wants her to order govt to at least ask Ghana not to forward the aliens to their home countries--much as SCOTUS ordered govt to at least 'facilitate' Abrego's return (while not ordering it to 'effectuate' his return)."
According to Parloff, "Chutkan sounded skeptical. She said she'll 'get something out as soon as possible.'"