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| Venezuelan immigrants, with shaved heads, shackled arms and legs, being forcefully led to the aircraft deporting them to a contractor prison in El Salvador |
On an extensive posting on Facebook, three of my friends have used the word "idiot" to describe U.S. District Court Judge James Boasberg because he placed a restraining order on Donald Trump, with respect to his unlawful technique in deporting Venezuelan immigrants to a horrible prison in El Salvador.
Judge Boasberg was not opposing the deportation, but just wanted Trump to do it lawfully with due process. Of course, Trump, himself a convicted criminal, has zero respect for law as he, once again, demonstrated by disobeying the order.
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Although Trump longs to be a dictator with every fiber of his being, we're not a dictatorship yet and things have to done lawfully, not recklessly.
As Judge Boebert said: βPlaintiffs are likely to succeed on another equally fundamental theory: before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all. . . . Because the named Plaintiffs dispute that they are members of Tren de Aragua, they may not be deported until a court has been able to decide the merits of their challenge.β
Judge Boebert patiently explained: βThe Order did not prevent Defendants from removing anyone β to include members of the class β through other immigration authorities such as the [Immigration and Nationality Act]. Indeed, as previously mentioned, those affiliated with Tren de Aragua were all already deportable under that statute as members of an [Foreign Terrorist Organization],β
He said the roughly 260 Venezuelans brought to El Salvador under both the Alien Enemies Act and through immigration authorities were not informed where they were being taken and did not have an opportunity to raise a convention against torture claims.
βWithout such information, even if they had been given an opportunity to raise a torture claim, they would not have been able to meaningfully do so,β Boasberg wrote.
Believe me, I understand the depth of MAGA sentiments, but we're still a nation governed by law and our judicial system does not operate as fast as simply writing an Executive Order as Trump prefers, or executing suspected drug dealers and their families without a trial as former Philippines President Duterte has repeatedly done. (In four years Duterte's goons executed over 30,000.)
Justice can be slow and unwieldy, but rash, careless, unlawful actions get people killed or falsely imprisoned.
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| President Trump, White Supremacist Stephen Miller, I.C.E. Director Tom Homan |
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Your arrogance is surreal. What qualifies you to know Judge Boesberg is correct? The opinion hangs on the meaning of the word war. Korea was a police action. What was Vietnam? Those who died would call them wars. But not you, what do the dead know, they were dump enough to serve during a non-war and get killed. What is and is not a war has been a battle of meanings for over 150 years. But you Jim Barton knows best. I have no idea who is right or wrong. I do know if those planes left US airspace after the order was signed, then we have a problem. But no one seems to know for sure. Even then it is debatable if an oral order is the same as a written order.
ReplyDeleteLet's keep this simple: A member of the judiciary made an order. The leader of the executive branch ignored that order. Either our government has a system of checks and balances or we have an autocracy.
DeleteOf course, keep it simple after you get it wrong. Many public sources have tried to pinpoint for sure the second the planes left US airspace. It is a question of law, not fact if Trump or his team were in violation for the order at the time it was issued from the bench, not signed. Now I believe the parties should show respect for the judge and follow the intended orders. But this is not how the parties act. Boasberg this morning changed his approach, and the court of appeals seems to be following his approach. Whether the Act applied is meaningless, the deportees deserved the opportunity challenge the claims against them. On this Trump will lose if the rule holds. As noted today as being reported by the press, even Nazi's got hearings under the Act. But you see you along with so many others jumped to attack Trump. Now with the case before the court of appeals the issue is, did they have a right to a hearing? No one is arguing contempt because the law on the issue is too watery.
DeleteThe COA summary is out. There is potentially a dangerous ruling in the making. Violation of the court order is not even on the table. It is too fact specific for an interim appeal. The issue is due process, which the DOJ is not disputing. The problem is, so long as the deportees can argue due process from DC, does it matter where they are being held? That is the dangerous question. If they can legally be held in El Salvador, that becomes a very dangerous precedent for all federal criminal detainees.
DeleteThe Judges daughter profited from the Tren De Aragua members because she is paid to defend those immigrants, he should of excused himself because of that.
ReplyDelete