Judge Upbraids DOJ For Defying His Orders In Alien Enemies Act Case

Originally published at: Judge Upbraids DOJ For Defying His Orders In Alien Enemies Act Case - TPM – Talking Points Memo

D.C.’s chief judge rhetorically nuked a Justice Department attorney at a Friday hearing, suggesting at one point that the lawyer had forfeited his reputation after the Trump administration spent a week giving the court the runaround over its deportations of Venezuelan nationals to an El Salvador prison under the Alien Enemies Act. Judge James Boasberg…

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In case anyone from Arizona was curious about filing an ethic’s complaint with their state bar about a member of the Arizona Bar

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giving the court the runaround over its deportations of Venezuelan nationals

We don’t even know if it was Venezuelan nationals that were grabbed and sent to El Salvadoran gulags. We know some were not Venezuelan. Of course, nationality or immigration status is irrelevant given the lack of due process in any of this.

From Josh’s Bluesky live postings:

ACLU atty says that unless there’s a review process, “anyone could be taken off the street.” He adds that the plaintiffs see another question: whether the proclamation itself is reviewable by the courts; he says it is.

Exactly. This is literally a make or break case. If there is no due process, there is no law.

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Why does Judge Boasberg put up with this shit?

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When I first read about this, my assumption was this was a fight Trump’s personal Reinhard Heydrich (Steven Miller) very much wanted to have. Putting organizations like the ACLU in the role of defending gang members.
But basically every data point that has come out since then has reinforced the need for due process. Practically the only individual we have a few details on – the Venezuelan soccer player, whose ‘gang tattoo’ was basically the Real Madrid logo – has clearly been grabbed in error.
So I’ll take the possibility they’ve grabbed some innocent folks, and upgrade that to a certainty, alongside a distinct possibility that multiple folks aren’t guilty of anything real. Like, are any of them? At this point we don’t know anything at all.

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Power is only worth it if it is power over someone.

No more inheritance class.

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Because Judge Boasberg has to cross all the “ts” and dot all the “is”. Just because DonOLD is petty and sloppy doesn’t mean that the judicial system can play by his rules.

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The judge also revealed a critical new detail: after El Salvador refused to accept some deportees who were female or not Venezuelan, they were returned to the United States.

So El Salvador does not accept females and non-Venezuelans. Where are they now?

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Really? Attorney-client privilege invoked in giving an answer to the court??!! Unbelievable.

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I think you are right!

some deportees who were female or not Venezuelan

Yes, no doubt they wanted ACLU et al. on the back foot, defending ‘gangs.’ It just shows how deeply incompetent these edgelords are. Can’t be bothered to orchestrate their crimes effectively.

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Yes. This is the essence of due process and judicial review. Same issue as the claim that a recent EO authorizes immigration agents to circumvent the 4th amendment and enter dwellings without a warrant.

Oh, really? And who decides whether the person (the agent believes is) inside the dwelling is undocumented or otherwise a “legitimate” target of the agent per the EO? Where does that determination get made and who reviews it?

Incompetent, thuggish boobs.

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I don’t swear, but my inner voice is running out of expletives.

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It may sound hyperbolic, but due process is literally the foundation of law.

No due process, no laws. Just illegitimate raw exercise of force.

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Not hyperbolic at all. As you say, it’s foundational.

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The only justifications for suspension of due process are in time of war (against enemies or collaborators) or against terrorists (based on some kind of evidence specific to the person). Nothing in the circumstances of hundreds of people suggests such urgency that they couldn’t have been afforded some legal hearing and right to counsel.

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Exactly. I expect judges are trying even harder than usual to make things not overturnable on appeal. (not that that even their best efforts will necessarily work as they go higher and higher…)

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Also note that the judge said this is behavior he had “never seen from the United States.” In this context he means he’d never seen the government or its lawyers behave like the Trump Regime’s have behaved or make such specious arguments.

Really, all these lawyers should be disbarred. Many likely will be, when some semblance of sanity is restored.

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And there’s this:

https://www.theguardian.com/us-news/2025/mar/19/canadian-detained-us-immigration-jasmine-mooney

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Especially a restraining order or injunction. They don’t want it lifted.

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Anyone have insights into the Pentagon’s war efforts against China? I heard that Musk is advising the Pentagon, which is issuing denials.

Also, I hear that Ukraine is going to become a US state after it cedes the nuclear power plant and the rare earths rights.

I don’t know about the China War but I think that the acquisition and accession of Ukraine statehood has great strategic, military, and economic value to the United States.

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