Alien Enemies Act of 1798

[Dude#1279435]

Sorry but basically I've concluded Trump supporters are pro-sweeps and authoritarians. This guy comes right out and says ah we're fallible people and if innocents get caught in the sweeps hopefully we can fix the system later. I can see some of the fault in the Biden admin, but he says ah yanno all of it is their fault.

Deport Tim Poole just because

See I feel better already.

 

[Mr._Clark]

The administration is reportedly continuing deportations based on other laws.

>>>While the Trump administration’s use of the Alien Enemies Act to deport migrants from the US remains halted amid a legal fight, it conducted new deportations to El Salvador over the weekend. . . . A senior State Department official confirmed to Semafor that the individuals were removed from the naval base at Guantanamo Bay to El Salvador; the deportation occurred under other authorities, including Title 8 under immigration law, the official added.<<<

Trump administration deports more alleged gang members, avoiding Alien Enemies Act

The names of the 17 people deported were provided to Semafor, a shift from the previous flights using the 1798 law.

www.semafor.com

I haven't seen much information on these deportations, but my initial impression is that it makes more sense than invoking the Alien Enemies Act (that's not to say it definitely satisfies due process).

 

[Mr._Clark]

It will be interesting (for lack of a better word) to see how this plays out.

>>>A federal judge Wednesday found probable cause to hold the Trump administration in criminal contempt for willfully disobeying his order to immediately halt deportations under the rarely used Alien Enemies Act and turn around any airborne planes. . . .

“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote. . . .

“The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it,” he wrote. <<< (emphasis added)

https://thehill.com/regulation/court-battles/5251829-boasberg-trump-contempt/

A huge blast of complete bullsh*t from Trump and Bondi will inevitably follow, but that's the only predictable aspect of this.

 

[GO-NAD!]

It will be interesting (for lack of a better word) to see how this plays out.

>>>A federal judge Wednesday found probable cause to hold the Trump administration in criminal contempt for willfully disobeying his order to immediately halt deportations under the rarely used Alien Enemies Act and turn around any airborne planes. . . .

“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote. . . .

“The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it,” he wrote. <<< (emphasis added)

https://thehill.com/regulation/court-battles/5251829-boasberg-trump-contempt/

A huge blast of complete bullsh*t from Trump and Bondi will inevitably follow, but that's the only predictable aspect of this.

From a practical standpoint, will it matter? Or, will the administration ignore this with impunity, too?

 

[Mr._Clark]

From a practical standpoint, will it matter? Or, will the administration ignore this with impunity, too?

Honestly, I’m not sure.

The judge gave the administration an off ramp (following the original order) but I highly doubt that the administration will take it.

Federal courts rely on the US Marshals Service to enforce court orders. As far as I know they have always done so, but I don’t know what would happen if Trump told them to stand down or be fired

This is speculative on my part but it seems to me that at some point DOJ lawyers involved in open violation of the law could be subject to ethics charges which could result in them being disbarred. Trump can’t override a bar association. Very few lawyers would be willing to sacrifice their careers but I suppose there are some. Even if this were to occur (again, speculative on my part), it wouldn’t force the government to comply with the court but it might make it difficult for the government to find lawyers who are willing to represent them in court.

As an aside, the DOJ is really damaging its standing and credibility with the courts.