Attorney General Pam Bondi has filed an appeal of a judge’s order forbidding the deportation of Venezuelan gangsters under the Alien Enemies Act of 1798. In a filing to the US Court of Appeals for the DC Circuit, Bondi asked the court to “Halt this massive, unauthorized imposition on the Executive’s authority to remove people that Defendants had determined to be members of TdA, a group the President and the Secretary of State have found to be a threat to national security.”
President Trump invoked the Alien Enemies Act of 1798 Saturday in response to the proliferation of Tren de Aragua (TdA), a Venezuelan-based designated Foreign Terrorist Organization allowed to take root in the US by Joe Biden; see It’s ON – President Trump Invokes Alien Enemies Act, Targets Notorious South American Gang – RedState. Within hours, some TdA members were on US aircraft heading some other place. While the J6 defendants had to beg for help or rely on public defenders who may not have had much sympathy for them, somehow, the airborne terrorists, like Hamas provocateur Mahmoud Khalil, were able to come up with high-powered and very expensive legal help on very short notice to keep them from being speedily deported.
The situation reached a head overnight with a federal judge who seemed to think he was the head of his own branch of government ordering the Trump administration to turn the flights around and bring them back to the US; see Activist Nation: Judge Orders Plane Carrying Gangsters Kicked Out by Trump to Turn Around – RedState,
This sequence of events tees up a court fight that challenges the ability of the Trump administration to use the Alien Enemies Act to rid the US of known members of terrorist groups.
The deportation of TdA members is one of at least three sets of court cases that, in my opinion, put the US on the cusp of a constitutional crisis due to activist and anti-Trump judges using an imagined ability to impose nationwide orders stopping the administration from acting. So far, a judge has ordered probationary employees rehired, another has ordered the government to spend money according to his rather than the administration’s timetable, and now this judge has decided that illegal aliens who are members of a terrorist group can stay in the US; for more on this, see Federal Judge Orders Trump to Rehire Thousands of Fired Federal Workers – RedState.
Unless the Roberts Court acts to impose something resembling discipline on the lower court judges who are currently drunk with power, if President Trump is not going to surrender all authority to federal judges, he will be left with little recourse but to bring back a phrase attributed to President Andrew Jackson; they’ve made their decision, now let them enforce it.
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