Judge Hanen issued an order today that he will still hold a hearing in Texas v. United States on 8/19, but “releases all individual defendants from its earlier order requiring mandatory attendance.” That includes Secretary of Homeland Security Jeh Johnson.
But the government is still on call that they may be in trouble.
Nevertheless, the Court remains concerns about the individuals that still possess credentials issued in violation of the Court’s injunction. Counsel for the Government needs to be prepared to discuss the reasons that these individuals are not in compliance, the steps the Government has taken and will continue to take to achieve complete compliance and the time table to achieve that goal in the very near future. The Court does not consider mere substantial compliance, after an order has been in place for six months, to be acceptable and neither should counsel.
Further counsel for both sides shall be prepared to discuss their Joint Advisory, the matters still in dispute, and the manner, procedure and/or court action that needs to be taken in order to bring these matters to a conclusion.