Category Archives: Law

Judge orders government to facilitate return of illegally deported Venezuelans

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Here we go again.

Another strongly worded opinion and order by a federal judge in the District of Columbia took the government to task for ignoring both prior court orders and the constitutional rights of Venezuelans illegally deported to a notorious prison in El Salvador without due process. The opinion by James E. Boasberg, chief judge of the DC Circuit, came the same day as a colleague on the court issued an order blocking the government from retaliating against Senator Mark Kelly by reducing his rank and retirement pay.

The Guardian reported:

A US federal judge’s order that some of the Venezuelan men sent by the Trump administration to a notorious prison in El Salvador must be allowed to return to the United States to fight their cases has been greeted with hope and a sense of vindication – but also fear – by one of the deportees.

US district judge James Boasberg ruled on Thursday in Washington DC that the Trump administration should facilitate the return of deportees who are currently in countries outside Venezuela, saying they must be given the opportunity to seek the due process they were denied after being illegally expelled from the US last March.

Boasberg added that the US government should cover the travel costs of those who wish to come to the US to argue their immigration cases.

The tone of Boasberg’s memo was one of frustration and exasperation at the government’s failure to comply with basic constitutional constraints.

On December 22, 2025, this Court issued a Memorandum Opinion finding that the Government had denied due process to a class of Venezuelans it deported to El Salvador last March in defiance of this Court’s Order. The Court offered the Government the opportunity to propose steps that would facilitate hearings for the class members on their habeas corpus claims so that they could “challenge their designations under the [Alien Enemies Act] and the validity of the [President’s] Proclamation.” Id. Apparently not interested in participating in this process, the Government’s responses essentially told the Court to pound sand. Believing that other courses would be both more productive and in line with the Supreme Court’s requirements outlined in Noem v. Abrego Garcia, =the Court will now order the Government to facilitate the return from third countries of those Plaintiffs who so desire. It will also permit other Plaintiffs to file their habeas supplements from abroad.

The order is just 7 pages long, and well worth reading to appreciate the extent to which the government has been extending a symbolic middle-finger at the attempts of the federal courts to press the Trump administration to comply with constitutional guidelines.

Judge blocks retaliation against Sen. Mark Kelly for “illegal orders” video

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In an opinion issued Thursday, Judge Richard Leon, senior US District Court for the District of Columbia, granted Senator Mark Kelly a preliminary injunction blocking Defense Secretary Pete Hegseth from retaliating against Kelly for a video he and others made citing laws requiring refusal to obey illegal orders.

The opinion’s opening paragraphs make the judge’s viewpoint clear:

United States Senator Mark Kelly, a retired naval officer, has been censured by Secretary of Defense Pete Hegseth for voicing certain opinions on military actions and policy. In addition, he has been subjected to proceedings to possibly reduce his retirement rank and pay and threatened with criminal prosecution if he continues to speak out on these issues. Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces. Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!

Worse still, Secretary Hegseth contends that this Court is not yet competent to decide the issues in this case. He and his fellow Defendants argue that military personnel decisions are exempt from judicial review and, in any event, that Senator Kelly should first be required to go through the military appeals process so the military can have the first crack at adjudicating his First Amendment rights. I disagree. This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees. After all, as Bob Dylan famously said, “You don’t need a weatherman to know which way the wind blows.” To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!

Leon’s full opinion appears below.

Disgraced attorney could face trial on fraud, theft charges next month if plea deal not reached

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The trial of disgraced Honolulu attorney Robert Chapman is scheduled to take place the week of March 9, court records show.

Readers may recall that Chapman, the former managing partner in a major downtown law firm, surrendered his license in December 2022 to avoid the likelihood he would be disbarred by the Hawaii Supreme Court stemming from his alleged theft of assets belonging to clients or their estates.

He was then indicted last year on multiple counts of identity theft, forgery, and theft for allegedly plotting to steal an estimated $750,000 from the estate of a deceased Honolulu resident.

Chapman had been licensed to practice law in Hawaii since 1980. He has been free since his arrest last June after posting a $1 million bail bond via A-1 Bail Bonds, court records show.

Active plea negotiations were underway last year, but their current status is unknown.

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Miske’s half-brother awaits court decision on long shot appeal

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John Blaine Stancil, the younger half-brother of the late Michael J. Miske, Jr., is being held at Terminal Island, a low security federal prison in downtown Los Angeles, while awaiting a decision from the 9th Circuit Court of Appeals on a long shot challenge to his 20-year sentence for racketeering conspiracy.

Stancil was sentenced a year ago, February 11, 2025, to the maximum prison term allowed by law for his role in Miske’s racketeering organization over a period from at last 2012 through mid-2018. He is currently scheduled to be released on June 10, 2037.

Stancil accepted a last minute plea deal with prosecutors in January 2024, on the same day he was scheduled to go on trial with his brother. He was the last of 12 Miske codefendants to plead guilty.

In his plea agreement, Stancil admitted to being part of Miske’s racketeering organization and committing a variety of offenses violent offenses over several years. In exchange for Stancil’s guilty plea, prosecutors agreed to drop 12 additional counts, including murder-for-hire conspiracy, assault and attempted murder in aid of racketeering as well as conspiracy, carrying and using a firearm in a drug crime, conspiracy to use a chemical weapon, use of a chemical weapon, armed robbery, and drug trafficking.

Those offenses could have resulted in a sentence of life in prison, which Stancil avoided by accepting the plea deal.

But Idaho-based attorney, W. Miles Pope, who took over the case after trial and sentencing, filed the appeal on Stancil’s behalf on December 24, 2025, hopes it will lead to resentencing that will prove to be a “get out of jail early” card that gets his client out several years early.

Federal prosecutors responded by filing a motion to dismiss the appeal.
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