The Disappearance of Glenn Miller

Mysteries 5 Minutes

D.B. Cooper. Amelia Earhart. Jimmy Hoffa. All prominent Americans whose unexplained disappearances have fascinated and confounded armchair historians and professionals alike—and created fertile ground for all manner of wild explanations and conspiracy theories.

Ditto for Glenn Miller, one of the University of Colorado Boulder’s most illustrious alumni, who was the nation’s most famous big-band leader when he disappeared Dec. 15, 1944, after heading out over the English Channel on a small military plane bound for Paris.

Almost from the moment the world learned Miller had gone missing, conspiracy theories began to emerge like puffs of smoke from the Chattanooga Choo Choo. And they’ve never really stopped, as each new generation discovers the mystery and publishes books and articles purporting to have solved it.

But Dennis Spragg of the College of Music’s American Music Research Center—and Miller’s family—is doing his best to end all the crazy speculation.

“In 2009, Steve Miller, Glenn’s son and a big donor to the Glenn Miller Archive”—the definitive Miller collection, housed at the AMRC—“asked me if I would consider dealing with the latest series of sensationalistic conspiracy books. He said, ‘enough is enough,’ says Spragg.

The three most prominent theories over the years:

Miller never boarded the plane, but was assassinated after Gen. Dwight D. “Ike” Eisenhower sent him on a secret mission one or two days earlier to negotiate a surrender from Nazi Germany.

He made it to Paris, where he died of a heart attack in a bordello.

The small plane he was on was destroyed by bombs jettisoned from a phalanx of Allied bombers passing overhead on their way back from an aborted mission over Germany.

More than four years—and dozens of trips to Washington, D.C., London and U.S. Air Force archives—later, Spragg is confident he knows what happened: The plane went down in mere seconds over the channel, instantly killing Miller, another officer and a young pilot, likely because fuel lines from wing tanks froze. The steel-framed, wood and fabric plane all but disintegrated, sending its heavy Pratt-Whitney engine plunging to the bottom.

Ironically, as Spragg told the producers of the PBS show “History Detectives,” which will air “The Disappearance of Glenn Miller” nationwide on July 8, that not-so-mysterious conclusion was reached by investigators just days after the plane went down. But documents from the investigation were boxed up after the war, sent to the United States and locked away.

“It was right there all this time, but all the researchers trying to follow the trail of Glenn Miller just didn’t have access to it,” says Alan Cass, founder and curator of the Glenn Miller Archive.

But Spragg, who surely knows more about Miller’s time in the U.S. Army Air Force and his mysterious disappearance than anyone else alive, was as driven as Sherlock Holmes in his quest to find the answers.   

“I just went for it. I didn’t realize it would take four years. Nobody else had been in the files at Maxwell Air Force Base until me,” he says by phone from Cape Cod, where he is spending the summer.

The more melodramatic tales simply don’t stand up to scrutiny, based on unambiguous documentation from a board of inquiry investigation at the time.

A little background: The musician, who attended CU—he received an incomplete in the only music class he took—for three semesters before leaving, became the nation’s most popular band leader from 1939 to 1942. He enlisted for the war effort and as a captain led band performances in England.

In 1944, after the Allies recaptured Paris from the Germans, Eisenhower asked Miller to head up a joint British-American radio production team, to perform for troops and to record for broadcast back home. Miller was agitated by complications in Paris and when weather grounded normal transport flights, he hitched a ride on a small C64 Norseman with his friend Lt. Col. Norman Baessell and a 20-year-old pilot.

“He was mad, he was in a rush. He was a type-A personality with the intestinal fortitude of a general,” Spragg says. “He was a leading celebrity in America and he got his own way.”

Contrary to popular myth, the flight was not unauthorized, and conditions were not foggy, as depicted in the film “The Glenn Miller Story.” It was a “casual” flight in a plane whose model had been recalled due to defective carburetor heaters, but it was at the end of the triage line behind combat planes and bombers. Heavy clouds aloft had the pilot flying on “visual flight rules” relatively close to the water and the temperature was below freezing.

“The guy flew right into freezing conditions,” says Spragg, who strongly believes fuel-line freezing, engine overheating and circumstances doomed the plane.

The mystery arose in part because the Germans launched the counteroffensive that became known as the Battle of the Bulge the next morning, and nobody knew Miller was missing for 72 hours. As soon as Orville A. Anderson of the U.S. 8th Air Force—coincidentally Miller’s cousin by marriage—was notified of the missing aircraft on Monday, he said, “They’ve had it. I can mount a search but it won’t matter.”

“This was a non-survivable accident with immediate trauma,” Spragg says. “Anybody who thinks this plane could have been ditched has rocks in his head, but even if it could, they would have survived just 20 minutes in the water because of the temperature.”

And the other yarns told and repeated over the decades? All easily disproven by clear, documentary evidence.

·      More than a dozen witnesses saw Miller board the plane on the 15th with Baessell.

·      Those titillating rumors of a heart attack in a French bordello were concocted by Nazi propaganda chief Hermann Goering and broadcast only after the Supreme Headquarters of the Allied Expeditionary Force announced Miller’s death on Dec. 24. (“And he was a straight arrow,” Spragg says. “Anyone who says that has just been regurgitating a story that originated with the Germans.”)

·      Using flight logs and the discovery that another plane actually was accidentally bombed, Spragg has shot holes in the friendly-fire theory. In order for Miller’s plane to have been taken down by the flight of Lancaster bombers, time would have had to shift by an hour and the small plane would have had to be 20 degrees off course. This theory grew out of a tall tale told by one of the Lancaster pilots in a bar in South Africa in 1984, Spragg says—“So why not tell the story in 1944?”

Spragg is absolutely confident about his conclusions—“Nobody else has gone to the documents”—but not at all sure it will lay the myths to rest.

“I went through a logical process of elimination,” Spragg says. “I went through all the possibilities and knocked them down or verified them. Of course, there is always a segment of the public that will never be convinced by logic.”

SOURCE COLORADO.EDU

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Published by pat frederick

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82 thoughts on “The Disappearance of Glenn Miller”

    1. Good morning! Another warm day here, thankfully – temp is 30 but hit the high 60’s yesterday. Today should be more of the same. Snow is all gone for now.

      Liked by 1 person

  4. Chris Hyde

    December 16, 2025 4:31 am

    Immigrant Working as Landscaper in Washington Smuggles Mexican Woman to US, Forces Her Into Hard Labor

    https://gatesofvienna.net/2025/12/gates-of-vienna-news-feed-12-15-2025/#702135

    “A man living in Monroe, Washington, has pleaded guilty in Seattle federal court to harboring an illegal immigrant for financial gain after prosecutors said he smuggled a woman into the United States, then forced her to work for his landscaping business while threatening and assaulting her.
    Federal officials noted that Rangel Ramirez-Manzano, 57, is a legal permanent resident, but that status can be revoked following a conviction, and he is likely to face deportation after completing any prison term.“

    Liked by 1 person

  6. best to make sure, right?

    A former Congressional candidate in Minnesota has raised concerns about Rep Ilhan Omar’s naturalization to the US, saying that the Democrat lawmaker lied about her birth year. 

    Speaking with Alpha News’ Liz Collin, AJ Kern said that in 2019, “I was looking at something about Ilhan Omar on the internet, and it occurred to me to look at her birth year. I don’t know why, or birthday, and so I used an age calculator and found out that she was actually 18 in the year 2000 when her father became eligible to apply for citizenship. She claimed that she became a citizen at the age of 17.

    Ilhan Omar claimed in a 2018 interview with The Intercept “I became a citizen actually before I turned 18. My father became a citizen and so I got my citizenship through that process.” Kern has laid out how of the three pathways to citizenship for foreign-born minors, Omar would not have been eligible for any of them due to her age or her parents’ citizenship status at the time. 

    Kern continued, “So to me, this was like, completely a red flag that I had figured out that she actually wasn’t a minor when her father could apply for naturalization. So it kind of blows a hole in her story that she obtained naturalization or citizenship when she was 17. On top of that, not anyone has ever verified her citizenship, not the Minnesota Secretary of State, the FEC, or Congress itself.” She said that candidates sign an “affidavit, that’s the certification statement,” attesting citizenship. 

    In an archived version of Ilhan Omar’s page in the Minnesota Legislative Reference Library uncovered by Kern, Omar’s birth date is listed as October 4, 1981. However, an updated version of the page lists her birth year as 1982. 

    Kern said, “I believe that the whole narrative that Ilhan Omar became a citizen at the age of 17, that narrative that’s documented has been sold for so long that people have bought into it and they believe it. But where’s the documentation? No one has seen her official naturalization records. No one, not the Minnesota Secretary of State, not the Federal Election Commission, not Congress, and there is enough evidence now, especially in changing her birth year. I mean, who does that? Who goes to that effort of, oh, I’m in Congress now, and I’ve just noticed that my birth year is incorrect. No, that’s a red flag.” 

    Kern called for the initiation of a congressional inquiry, “just because there is enough evidence that calls into question whether she’s actually a citizen, and that this is so important that we do not have a foreign nationalist, a Somali nationalist, occupying a seat in Congress, affecting laws that govern the United States of America.”

    Liked by 1 person

          1. if they can prove she lied, they need to freeze her bank accounts ( to reclaim her salary and benefits for years), then strip her of citizenship and her pension and deport her ass quickly–as well as her brother.

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    3. Liked by 1 person

  7. Just The News: “House Oversight Chairman James Comer on Monday threatened former President Bill Clinton and former Secretary of State Hillary Clinton with contempt charges if they do not show up for their depositions in the Jeffrey Epstein case in January.

    Comer made the threat in a letter to the couple’s attorney, which comes after the attorney sent a letter to the committee last week outlining why the two Clintons should not be required to appear for their respective depositions, which were initially scheduled for Wednesday and Thursday. 

    “Your correspondence with the Committee continues to ignore the Committee’s arguments, misstates relevant facts, and seeks information about the Committee’s investigation to which neither you nor your clients are entitled,” Comer wrote in a letter shared with Just The News. 

    Comer claimed that the attorney said he could not provide alternative dates for their testimonies, and so the committee has selected Jan. 13, 2026, for the former president’s deposition, and Jan. 14, 2026 for Hillary Clinton’s. “If your clients do not comply with these new dates, the Committee will move immediately to contempt proceedings,” he added.

    Comer previously issued subpoenas for their testimonies in August, but was met with continued silence. Other Democrats who were subpoenaed have sent letters to Comer and his committee, indicating that they knew nothing about Epstein, which the chairman said can hold up in court as perjury if the contents are proven false.

    The Clintons have not been accused of any wrongdoing in this matter.”

    Liked by 1 person

  8. Just The News: “Attorney General Pam Bondi and FBI Director Kash Patel are preparing to turn over to Congress bombshell emails showing the FBI warned that the Biden Justice Department did not have probable cause to raid President Donald Trump‘s home at Mar-a-Lago, but prosecutors proceeded anyways, Just the News has learned.

    The emails are to be turned over as early as Tuesday to the Senate and House Judiciary committees, ahead of a planned deposition Wednesday from ex-special prosecutor Jack Smith, who inherited the Mar-a-Lago classified documents case just months after the August 2022 raid of Trump’s home that rocked the political world ahead of the 2024 election.

    The memos show the FBI’s Washington field office “does not believe they established probable cause” prior to raiding Trump’s Florida home, according to one source with direct knowledge of the memos about to be turned over to Congress.

    It has long been rumored that some FBI agents disagreed with the decision to raid Trump’s home to look for classified documents at the request of the National Archives.

    But the soon-to-be released emails will chronicle the specific concerns that DOJ under President Joe Biden had not met the standard for a search warrant, but proceeded anyway, officials said.

    The raid became a flashpoint in the battle between Biden and Trump ahead of the 2024 election, leading to two federal indictments against Trump that were ultimately dismissed in what Republicans argue were politically weaponized acts by a Democrat-run DOJ designed to influence the 2024 election.

    The House Judiciary Committee issued a subpoena recently compelling Smith to give a closed-door deposition Wednesday as part of the committee’s probe into the federal prosecutions of Trump.

    “The Committee on the Judiciary is continuing to conduct oversight of the operations of the Office of Special Counsel you led — specifically, your team’s prosecutions of President Donald J. Trump and his co-defendants,” Chairman Jim Jordan wrote in the letter accompanying the subpoena two weeks ago. “Due to your service as Special Counsel, the Committee believes that you possess information that is vital to its oversight of this matter.”

    Peter Koski, a lawyer for Smith, indicated that the former special counsel will comply. Ahead of Smith’s appearance, House Democrats are trying to force the release of a classified version of his final report on his investigation. Trump’s legal team has gone to court to try block the release.”

    Liked by 1 person

  9. EXCERPT: “Federal investigators believed there was significant evidence worth pursuing related to possible criminality involving the Clinton Foundation and the State Department’s approval of the sale of Uranium One to Russian state-owned interests, but delays by the Justice Department and FBI led the inquiry to whither and die because of statute of limitations issues.

    The sale of the Canada-based Uranium One to the Russian state-owned Rosatom was the focus of great controversy and scrutiny from Republicans and others who argued that then-Secretary of State Clinton helped approve the deal and that the Clinton Foundation may have stood to benefit from it.

    Career agents and line prosecutors at the FBI and DOJ also believed the saga may have been a criminal one, but orders from DOJ leaders such as then-Deputy Attorney General Sally Yates and then-FBI Deputy Director Andrew McCabe slow-walked and stonewalled the inquiry to the point where it could no longer be pursued.

    FBI agents and DOJ prosecutors in Little Rock, Arkansas and elsewhere closely scrutinized the scandal — but were largely blocked from serious investigative action due to leadership delays and, following those delays, arguments that the statute of limitations had run out.

    Jonathan Ross, then the First Assistant U.S. Attorney for the Eastern District of Virginia, argued in a 2018 email that “there is no legal barrier in continuing the present investigation” into the Clinton Foundation and Uranium One. Ross has served as U.S. Attorney in Arkansas since 2022, including during Trump’s second term.

    Then-U.S. Attorney Cody Hiland of Arkansas also sent a 2018 email to then-U.S. Attorney John Huber of Utah, largely summarizing Ross’s arguments, stressing that “we do not believe the prosecution is time-barred by a statute of limitations” in part “because payments from the subjects of the investigation to the Foundation were made continuously from 2007 through 2014.”

    A newly-declassified internal FBI investigative timeline also argued that claims that the statute of limitations had run out on the Uranium One inquiry “failed to include whether Acts of Concealment such as deleting emails in 2015 and making additional statements and representations about those deletions would have extended the statute of limitations” and also pointed to possible federal criminal statutes such as the Racketeer Influenced and Corrupt Organizations (RICO) Act, major fraud against the United States, and bank fraud……”

    https://justthenews.com/government/federal-agencies/clinton-foundation-and-uranium-one-inquiry-died-after-statute

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  11. Just The News: “The Trump administration launched a new website Sunday that celebrates Christmas and highlights 12 ways the federal government has historically helped build the United States. The first post highlighted the Works Progress Administration’s poster program, which was launched during the Great Depression, and was used to cultivate uplifting messages for America during a period of hardship for the nation.

    The second post, which was uploaded Monday, highlights the Great Seal of the United States. The Great Seal was adopted by Congress in 1782 and features an eagle and shield.

    “Used on passports, treaties, military insignia, and federal buildings, it remains one of America’s most enduring and influential design elements, anchoring the visual language of the federal government,” the post reads.

    The website will feature additional government highlights every day through Dec. 25, and includes a live weather tracker at the North Pole and at the White House. The website is also part of President Donald Trump’s promise to return Christmas to the nation, after he accused Democrats last year of sidelining Christmas in order to be more inclusive of all holidays.

    “We’re going to have Merry Christmas just like we got for everybody seven years ago,” Trump said in August 2024, per Fox News. “We brought it back, it was in deep trouble, but we brought it back.” 

    https://merrychristmas.gov/

    Liked by 1 person

  15. Ramelton town’s Christmas Displays…Ireland

    “It’s a Big Apple casino jackpot that may be sounding the death knell for Vegas’s claim as America’s Gaming Capital, and Atlantic City may be in trouble as well. Three high-profile casino projects got their final approval Monday from the state’s gaming commission – the last hurdle to bring Las Vegas-style gambling to the city. The projects are Mets owner Steve Cohen’s and Hard Rock’s $8.1 billion plan to bring a gaming complex near Citi Field, Genting-Resorts World’s casino at Aqueduct Racetrack and Bally’s plan to open a casino on President Trump’s former golf course in the Bronx.

    Hard Rock is unique in the sense that it’s owned and operated by a ‘native American’ group, and enjoys tax benefits few others do. The full story on this is here.”

    Liked by 1 person

  17. Dyson, the vacuum cleaner built this system for FARMERS to produce more on their farms.

    Liked by 1 person

  18. THIS HAS GOT TO STOP!

    FTA
    Some Chinese parents […] pay millions in surrogacy fees to hire women in the U.S. to help them build families of jaw-dropping size. Xu calls himself “China’s first father” and is known in China as a vocal critic of feminism. On social media, his company said he has more than 100 children born through surrogacy in the U.S.

    Another wealthy Chinese executive, Wang Huiwu, hired U.S. models and others as egg donors to have 10 girls, with the aim of one day marrying them off to powerful men, according to people close to the executive’s education company.

    Other Chinese clients, usually seeking more typical numbers of babies, are high-powered executives lacking the time and inclination to bear their own children, older parents or same-sex couples, according to people who arrange surrogacy deals and work in surrogacy law. All have the wealth to go outside China while maintaining the privacy needed to manage potential logistical, publicity and legal issues back home. Some have the political clout to avoid censure.

    The market has grown so sophisticated, experts say, that at times Chinese parents have had U.S.-born children without stepping foot in the country. A thriving mini-industry of American surrogacy agencies, law firms, clinics, delivery agencies and nanny services—even to pick up the newborns from hospitals—has risen to accommodate the demand, permitting parents to ship their genetic material abroad and get a baby delivered back, at a cost of up to $200,000 per child.

    The growing Asian market for international fertility services has drawn the attention of American investors, including Peter Thiel, whose family office has backed a chain of IVF clinics across Southeast Asia and a recently opened branch in Los Angeles.

    Most U.S. states don’t bar international parents from working with American surrogates. Chinese law doesn’t strictly prohibit its citizens from going overseas for surrogacy, but officials have criticized it. Stories of Chinese celebrities or government officials working with overseas surrogates have sometimes caused scandal among the public at home, which tends to view surrogacy as ethically dubious and exploitative.

    The babies born in the U.S. are U.S. citizens by virtue of the 14th Amendment. The idea of foreign nationals using the Constitution’s guarantee of citizenship has long been a political flashpoint.

    In 2020, the State Department moved to curb so-called birth tourism, tightening visa rules for women suspected of visiting the U.S. to give birth. In January, Donald Trump issued an executive order denying citizenship to children born in the U.S. unless one of their parents was a citizen or permanent legal resident, which is being reviewed by the Supreme Court. It’s unclear if either regulation would apply to foreigners working with surrogates who are Americans.

    Thanks to this screwy system, one billionaire has managed to rack up more than 100 rugrats with US citizenship. Another has openly talked about using his US-born daughters for leverage and connections. And behind all of this is an entire industry that makes it super easy to do all of this… from surrogacy agencies and lawyers to clinics, couriers, and even nannies, everything is built around turning American citizenship into something you can buy, package, and ship.

    https://revolver.news/2025/12/how-a-chinese-billionaire-used-his-sperm-to-manufacture-100-us-citizens/

    Liked by 1 person

      1. Things got screwed up somehow – I had an appointment scheduled for February then the other day, I got a text from the automated system saying I had an appointment today. 🤷‍♀️🤷‍♀️🤷‍♀️ Now the one in February has been cancelled; when I go in for the June appointment, as long as everything is good, I’ll revert back to an annual check-up. Yeah!!!!

        Liked by 1 person

  22. Liked by 1 person

    1. Sam Stein
      @samstein
      [Trump Chief of Staff] Ms. Wiles offered pungent assessments of the president and his team: Mr. Trump “has an alcoholic’s personality.” Vice President JD Vance has “been a conspiracy theorist for a decade” and his conversion from Trump critic to ally was based not on principle but was “sort of political” because he was running for Senate. Elon Musk is “an avowed ketamine” user and “an odd, odd duck,”

      Liked by 1 person

  24. obamacare is full of fraud

    article

    Remember when Americans were told that the Affordable Care Act (also known as Obamacare) would lower health care costs and that if you liked your doctor, you could keep her? How things have changed over the past 15 years.

    Health care costs continue to rise faster than inflation and millions of Americans have discovered that their health insurance plans don’t cover their chosen physician.

    As the saying goes, to add insult to injury, the Government Accountability Office (GAO) recently released a severe indictment of the federal Obamacare insurance exchanges that revealed troubling fraud in the program. The GAO enrolled 24 fake applicants in the federal exchange, with 18 being approved. The annual subsidy that each “applicant” received was $6,700 for a total cost to taxpayers of a little over $120,000.

    That’s not a huge amount, but the GAO investigation went deeper. It found that in 2023, there were 29,000 duplicate Social Security numbers, and in 2024, there were 68,000 duplicates listed in the federal exchange. In other words, in a two-year period, there were nearly 100,000 fake applicants who received taxpayer subsidies.

    Also, the GAO discovered that when insurance brokers submitted incorrect or false Social Security numbers for applicants, the federal Center for Medicare and Medicaid Services (CMS), which runs the federal exchange, accepted the application anyway. In a real sense, the federal government has been complicit in the fraud.

    The financial impact gets worse. In 2023 alone, the GAO found that there was no income verification on $21 billion in subsidies. Consequently, it is unknown how many applicants understated their annual income to receive higher subsidies. Looking at Census Bureau data, The Paragon Health Institute estimates that 6.4 million people were improperly enrolled in subsidized exchange plans at a cost of $27 billion.

    With this lack of oversight or outright fraud, it would be beneficial to know how large the entire Obamacare exchange program is today. Data from 2024 reveal that the total cost of the subsidies in the ACA exchanges was $125 billion. In other words, over 20 percent of the cost to taxpayers may have been for ineligible expenses on the exchanges in 2024.

    The GAO report is timely and uncovers substantial abuse and fraud in a major government program. It should also serve as a warning and demonstrate the need for meaningful oversight in other government taxpayer-funded programs.

    Dr. Roger Stark is a visiting fellow with Mountain States Policy Center, an independent research organization based in Idaho, Montana, Eastern Washington and Wyoming. Online at mountainstatespolicy.org. A retired surgeon, Dr. Stark has authored three books, including “Healthcare Policy Simplified: Understanding a Complex Issue” and “The Patient-Centered Solution: Our Health Care Crisis, How It Happened, and How We Can Fix It.”

    https://justthenews.com/nation/states/center-square/op-ed-prescription-fraud-gao-finds-serious-abuses-obamacare-exchanges

    Liked by 1 person

  27. 1917- Miles City Round-up Montana. Cowgirls Clyde Lindsay, Mildred Douglas, and Ruby Dickey.

    Extraordinary Entrance

    The Shark

    Homeward Bound

    Speeding Baseball vs. 1 Gallon of Mayonnaise

    Liked by 1 person

  28. shipwreckedcrew gives her take on the continuing saga of the maryland maggot.

    Judge Xinis and Kilmar Abrego Garcia — Check Mate?

    In a less than shocking decision last week, Judge Xinis in the District of Maryland cobbled together a legally dubious theory for why the “Maryland Man” cannot be detained in ICE custody — the DOJ has never produced an “Order of Removal” that meets with her satisfaction, therefore the DOJ lacked authority to arrest him last March, lacked authority to detain him, and lacked authority it to deport him to any location out of the country — not just El Salvador where he had the benefit of a “Withholding of Removal Order” granted in October 2019.

    In my article last week I examined Judge Xinis’s and came to the conclusion that she either does not understand that “Order of Removal” is a term of art and not a “thing” with a caption saying “I AM AN ORDER OF REMOVAL”, or Judge Xinis engaged in legal sophistry and intellectual dishonesty in finding the Order signed by the Immigration Judge in October 2019 did not include an “Order of Removal” as that phrase is EXPRESSLY defined in the immigration statutes.

    Based on her conclusions, Judge Xinis ordered last Thursday that Abrego Garcia be released from ICE detention immediately. She found that she had authority to do so because the “jurisdiction-stripping” statute passed by Congress in 1996 — depriving district courts of jurisdiction over immigration matters in almost every respect — only applied to claims effecting the enforcement of an “Order of Removal.” Since she found there was no “Order of Removal,” the relief sought by Abrego Garcia via his habeas petition did not come under the jurisdiction-stripping statute passed by Congress so she had the authority to order his release from custody.

    Well, ok then.

    On Friday an Immigration Judge issued an “Amended Order of Removal” and inserted the magic words into the October 2019 Order that Judge Xinis said were missing. The Order was entered “nunc pro tuct” which is a Latin term that roughly translates into “retroactive” in is effect. This was done as an accepted remedy for what is referred to as a “Scrivener’s Error” in a legal document. That is an inadvertent omission of material or information that, if included, doesn’t change the meaning intended by the drafter at the time the document was prepared, and is consistent with that intent as amended.

    The Immigration Judge noted that Abrego Garcia had conceded he was unlawfully in the country and subject to removal at the time of his original hearing. The only missing information in the Order — as identified by Judge Xinis — were the magic words that Abrego Garcia was “Ordered to be Removed.” So the Immigration Judge added those words.

    Abrego Garcia’s attorneys went screaming into Court on Friday morning seeking another TRO from Judge Xinis blocking his arrest based on a fear that ICE was going to take Abrego Garcia baçk into custody and initiate his removal under the “Amended” Order. Judge Xinis dutifully granted the request and issued another TRO.

    But on Sunday the DOJ may have put Judge Xinis in “Check Mate.”

    In filing an Opposition/Motion to Dissolve the TRO, DOJ claimed that because Judge Xinis has found there is no “Order of Removal” then Abrego Garcia’s immigration case remains open and ongoing, as the “Order of Removal” typically ends the process and is then followed by the appeals process to the Board of Immigration Appeals (BIA) and the Circuit Court of Appeals — with no role for a district court because of the jurisdiction-stripping statute created by Congress.

    Abrego Garcia had denied that a final Order of Removal existed as to him, so by his claim the immigration case was still open as well. Any objection he might have to the “Amended Order of Removal” entered by the Immigration Judge is now subject to the exclusive jurisdiction of the BIA and then the Fourth Circuit after that.

    Because his immigration case remains open — according to Judge Xinis’s order — he’s subject to the imposition of detention or release conditions at the discretion of the Immigration Judge. Any objection to the ruling of the Immigration Judge on the issue of detention is appealable to the BIA — not Judge Xinis — and then to the Fourth Circuit.

    Taking this position now puts DOJ in the situation where Abrego Garcia has renewed appeal rights that will cause the final disposition of his case to be delayed. BUT, after the BIA rules — assuming it upholds the Order of Removal — Abrego Garcia can be removed even while he appeals to the Fourth Circuit. In fact, that is the normal course. If Abrego Garcia were to win his appeal in the Fourth Circuit, the remedy would simply be that he be admitted back into the country. The availability of that remedy is not compromised by the fact that he is made to wait outside the United States for his appeal to be resolved.

    Judge Xinis needed to hold that there was no “order of removal” so that she could evade the jurisdiction-stripping statute that would have prevented her from handling any case challenging the enforcement of an “order of removal.”

    But that didn’t make Abrego Garcia’s presence in the U.S. lawful. Now he’s no different than any other illegal alien in the country and subject to removal. His case should now proceed in the normal course without further interference by Judge Xinis — she can’t make him a citizen on her own, no matter how badly she might want to do so.

    She has given Abrego Garcia until 8:00 pm on December 17 to reply to the Government’s Opposition.

    Liked by 1 person

  29. The last Apollo Astronauts to walk on the Moon, Eugene A. Cernan and Harrison H. “Jack” Schmitt in Dec. 1972.

    Oh, my! Just look at that honeycomb!!!

    Liked by 1 person

  31. Just The News: “Los Angeles County District Attorney Nathan Hochman announced Tuesday that his office will charge Nick Reiner, the son of famed Hollywood director Rob Reiner, with two counts of first-degree murder for the alleged murders of his parents.

    The exact timeline of the two murders was not immediately clear, but the Los Angeles Police Department responded to a death investigation in Brentwood on Sunday, where investigators determined the scene was a homicide. Nick Reiner was later arrested Sunday in connection with the murders of Rob Reiner and Nick Reiner’s mother Michele Reiner.

    Hochman said Nick Reiner also faces the allegation that he personally used a dangerous weapon to carry out the murders, and that no decision has been made on whether prosecutors will seek the death penalty if the 32-year-old is convicted.

    “Today, I’m here to announce that our office will be filing charges against Nick Reiner, who is accused of killing his parents, actor, director Rob Reiner and photographer, producer Michel Singer Reiner,” Hochman said. “These charges will be two counts of first degree murder with a special circumstance of multiple murders. He also faces a special allegation that he personally used a dangerous and deadly weapon, that being a knife.”

    The district attorney also warned the public to only focus on official information in the case instead of media reports that cite anonymous sources to avoid misinformation. 

    “If it doesn’t come from the district attorney’s office, from LAPD, from the coroner’s office or from the courtroom itself, then there is a good chance you are hearing misinformation,” Hochman said in a news conference.

    The LAPD said it will not share additional information on what led to Nick Reiner’s arrest for the time being.

    “This case is heartbreaking and deeply personal, not only for the Reiner family and their loved ones, but for our entire city,” LAPD Chief Jim McDonnell said. “We extend our deepest condolences to all of those who are affected by this tragedy.”

    Liked by 1 person

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