Originally published at: Appeals Court Keeps Trump’s Alien Enemies Act Deportations On Hold
A federal appeals court Wednesday upheld a restraining order temporarily blocking the Trump administration from deporting Venezuelan nationals under the Alien Enemies Act. The D.C. Circuit Court split 2-1 on the closely watched decision, with Reagan appointee Karen Henderson and Obama appointee Patricia Millett in the majority and Trump appointee Justin Walker in the minority.…
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Tranls:
Fuck you, you Orange Mango. You’re not a king.
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Aaaaaand … Trump distraction incoming. 25% tariff on vehicles from Canada and Mexico. What loss at the appeals court? What Signal chat?
And Henderson. Didn’t see that one coming, there is hope for the judiciary yet.
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I was really worried when I saw Henderson was the third judge, it’s good to see that she came down on the side of the rule of law. There was really no other way to rule that was in line with the law and Constitution, so it’s troubling to see a judge (Walker) regurgitate the nonsense from the Trump DoJ. An appeal will be filed shortly with the Supreme Court, Trump will hope that they will give him carte blanche to remove whoever he wants.
It is very important to note that the people grabbed by ICE might get put onto the plane to El Salvador directly, and with no oversight it’s very possible an American citizen could be among those detained…if some brown person out without their ID gets snatched they just might not get their chance to prove their citizenship, or any day in court.
We can hope that the Republican SC justices realize this, and reject this lawless action. If they don’t, then we truly are way outside of the bounds of democracy and justice.
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I have the same concerns that you enumerated. But if you’re tan or brown US citizen who is swept up in this witch hunt who in El Salvador can help you? And here in the US are they even keeping accurate records?
As for Trump appointee Judge Walker, planes can and do turn around once they take off. The laws of physics and aviation will allow it.
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So cruel, so callous, so openly contemptuous of the judiciary and the very concept of due process, that even a Reaganite fossil can see it.
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Nazis gotta nazi.
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I always thought TSF was an alien… a space alien
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In dissent, Walker largely pressed the same point he made during arguments: These cases should be brought as individual habeas petitions in the districts where the detainees are held.
Which district covers El Salvador? Just looks like a bigger version of Guantanamo, where the government will say the prisoners aren’t under a US court’s jurisdiction.
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They are supposed to keep records, but under Trump record keeping seems to become somewhat lax, and in this particular case TPM has shown that this was a plan for a while but they might have rushed it at the end to try to pull it off before anyone figured it out. It’s also possible records were lax because nonexistent records can’t be shared in an FOIA, and you can bet requests are already in for these records.
The whole thing stinks, but the people sent really got the short end. I don’t think anyone down there can help them, not the way the whole thing has run…their only hope is that some judge forces the issue enough that the administration brings them back, like they really should since they violated the law and a judge’s order to do this. But, it was a day that ended in y so that’s not a surprise.
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Short answer is no. Records are a paper trail, and if they keep accurate records, then they might be used against Trump and his people at some point. It’s like the records they kept on all those undocumented kids they separated from their parents at the Border and lost during Trump I. We have no idea where those kids are, who has them and if they are still alive.
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Walker’s position is that deporting a few hundred alleged gang members is so sensitive that the US cannot afford to assure them due process to see if all of them are in fact gang members?
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They learned from the family separations in Trump 1.0 that neglecting to keep records is a feature, not a bug. The cruelty is the point.
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“sensitive … national security operation”
That’s some grade-A bullshit right there. Just like the assertion that these are war time acts. But I guess for some people, that’s the prettiest tissue you can wrap it in.
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This is one of many things that drives me crazy. These were people who had already been detained and held in a secured location. Since they’re already in custody how is there a “national security” issue at play? Is the secured location under threat of attack, are the detainees so powerful that there’s a risk of them overwhelming the guards, what’s the emergency?
The answer of course is, there isn’t an emergency. This administration just staffed by people who want to rule over others, not represent them, and hates to be told no.
I loathe the administration’s efforts to avoid accountability and the willingness of many people to participate in this process even when it’s clearly wrong. But what frustrates me even more is that everything that’s happening could happen following existing procedures. If this administration weren’t so incompetently eager to flood the zone (trying to overwhelm the protections that exist), they could easily get their wish list of changes with a lot less challenges.
Need a citation, take a look at the Reinventing Government Project from the early 1990’s.
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MAGA Mike Johnson wants to eliminate or cut funding to courts that displease the Emperor. The lib’rul 9th Circuit is probably on his hit list.
Trump kept lots of records scattered around at Mag A Lardo.
When all you care about is rounding up some random brown people, shaving their heads, and frog-marching them to a foreign torture prison, so you can shoot a Kristi Noem soft-core porn video, you say the hell with due process. Or, any process. It’s all for the lulz and liberal tears, anyway. Plus it gives Stephen Miller a stiffy.