Frustrated judge's grilling of extremely sleep-deprived Trump admin lawyer was even more startling than initially reported, transcript shows

A Minnesota federal judge remembered for his role as a prosecutor in putting Derek Chauvin behind bars for murdering George Floyd cut right to the chase on Tuesday, grilling a Trump administration lawyer on why the government has repeatedly failed to comply with court orders in habeas corpus cases. While much of the initial reaction to the remarkable hearing focused on the lawyer practically begging to be held in contempt, the full transcript of what was said shows the issues run much deeper than sleeplessness.

U.S. District Judge Jerry Blackwell, a Joe Biden appointee, kicked off the hearing by pressing Ana Voss and Julie Le, two attorneys doing work for the DOJ, on "compliance with court orders."

"[N]ot policy, just compliance. Nothing else," Blackwell made clear. "I've had so many issues with noncompliance in just this past week that I called for this hearing. Today's focus is just on those that were attached to Ms. Le."

Blackwell stated for the record that it is not "optional" for DHS and its components ICE and CBP to comply with court orders, emphasizing the obligation to obey and comply "matters most where liberty is at stake," like the immigration detention cases before him.

And, in Blackwell's view, the real-world consequences of the Trump administration's "Operation Metro Surge" have been detentions "without lawful authority" and ongoing constitutional violations that the government has not remedied when ordered to do so.

"The overwhelming majority of the hundreds seen by this Court have been found to be lawfully present as of now in the country. They live in their communities. Some are separated from their families. When a release order is not followed, the result is not just delay," the judge said, according to the transcript. "In some instances, it is the continued detention of a person the Constitution does not permit the Government to hold and who should have been left alone, that is, not arrested in the first place."

Before turning to Le and questioning her about five cases assigned to her, Blackwell addressed the "extraordinary strain" that government lawyers said they are under in handling such a heavy caseload.

While the judge said he understood the explanation, he said it was no excuse.

"If anything, it ought to be a warning sign," the judge added, noting that ongoing "detention is not lawful just because compliance with release orders is administratively difficult or because an operation has expanded beyond the Government's capacity to execute it lawfully."

The judge indicated he was frustrated that he's had to issue order after order demanding basic details — "the date, time, and location of the release of someone who was ordered released, in many instances, a week or more in the past" — while the district court is itself inundated by "hundreds" of detention cases.

It was against this backdrop that Le explained what she has been doing. The DHS lawyer stated she "stupidly" agreed to volunteer at the U.S. Attorney's Office for a "special mission" because "[t]hey are overwhelmed and they need help" with the sheer volume of habeas cases, even though it was new territory for her quite unlike the work she's done in the executive branch's Immigration Court.

"I started with the agency on January the 5th. As of today, it's been more than four weeks. I just got my [Personal Identity Verification] card to the DOJ system yesterday," she said, before stating the "honest" truth about her onboarding.

"[W]e have no guidance or direction on what we need to do. And so when you showed up, they just throw you in the well and then here we go," she told the judge.

"So are you telling the Court that you were brought in brand new, a shiny, brand new penny into this role, and you received no proper orientation or training on what you were supposed to do?" Blackwell asked.

"I have to say yes to that question," Le replied.

Later on during the hearing, Le said she threatened to quit because it was like "pulling teeth to get things fixed" — that is, to get people released from detention.

"I did put in my resignation from the job too, but they couldn't find a replacement. So I gave them a specific time and — to get it done. If they don't, then by all mean[s], I'm going to walk out. And before I walk out, I was able to release another individual, a juvenile. That [is] kind of like a step — like a barrier. Like, [w]ait, Julie, stop. You need to go back and get more people out," she said. "That's why I'm still here."

Moments after that, Le uttered the remarks that made headlines far and wide, hoping Blackwell would hold her in contempt so she could get some sleep.

"I am here as a bridge and a liaison between the one that [is] in jail, because if I walk out — sometime[s] I wish you would just hold me in contempt, Your Honor, so that I can have a full 24 hours of sleep. I work days and night just because [of] people still in there," she said, adding that "the system sucks" and "this job sucks."

In a final volley, Le said she wrote emails with "big, bold font" to DOJ and DHS to try and "fix" the problems identified by the court.

"I CC Ms. Voss in it, and I said, here's what [] fail[s] and we need to fix it. You can't just have people sitting in jail and drag me into court and explain to the Court why the system fail[s]. And if they can't help me, then I am not here — I'm not meant for this job," she said.

In the aftermath of the hearing, Le was reportedly removed from her "special mission" volunteering at the U.S. Attorney's Office.

Voss was reportedly one of several federal prosecutors to submit a resignation in the aftermath of the CBP shooting of Alex Pretti.