“Claiming vast executive powers and “the mandate of the electorate,” the Justice Department on Monday night informed a federal judge that it was invoking the state secrets privilege and refusing to answer a judge’s orders for more information on several deportation flights of alleged Venezuelan gang members.
Attorney General Pam Bondi and other high-ranking Justice Department officials filed a “Notice Invoking State Secrets Privilege” claiming that it “would pose reasonable danger to national security and foreign affairs” to comply with U.S. District Judge James Boasberg’s fact-finding inquiries to determine if the U.S. government violated his order to turn those deportation flights around.”
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“Boasberg has repeatedly ordered the Justice Department to produce detailed information on those flights to determine if officials knowingly defied his orders. The Trump administration has offered various explanations for why it did not comply—that it didn’t consider Boasberg’s verbal order valid, and that Boasberg didn’t have jurisdiction once the flights crossed into international space, for instance.
As Boasberg’s fact-finding orders have proceeded toward considering contempt, the Justice Department’s responses have grown more obstinate, culminating in Monday night’s invocation of the state secrets privilege.”
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“the Trump administration is claiming that it can declare a war by executive order and send immigrants to a labor camp in another country, all without meaningful judicial review of the facts. As Ilya Somin recently wrote at The Volokh Conspiracy, the Trump administration’s policy violates the Due Process Clause of the Constitution and is “obviously unjust.”
“Imprisoning people without any due process whatsoever is a cruel and evil practice usually used only by authoritarian states,” Somin wrote. “And if the Trump administration gets away with it here, there is an obvious danger it will expand the practice.”
The Trump administration’s attempt to invoke the state secrets privilege raises another, tertiary danger: that we won’t even be able to know if they’re expanding the practice.”
“There are many excellent reasons why Boasberg should not be impeached, including the fact that Boasberg’s judgment against Trump is both persuasive and well-grounded in the law. Trump may claim that he has the unilateral authority to deport alleged criminal aliens without due process. But the administration’s arguments in support of that sweeping claim fail to pass muster on multiple counts.
Under the Alien Enemies Act of 1798, “whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government,” the president may direct the “removal” of “all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized.”
Trump invoked that law in his March 15 proclamation ordering the “immediate apprehension, detention, and removal” of alleged members of the street gang Tren de Aragua, who are allegedly “conducting irregular warfare and undertaking hostile actions against the United States…in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela.”
Except there is no “declared war” between the United States and Venezuela. And while Trump and his allies have certainly promoted the idea of a rhetorical “invasion” of the U.S. by unlawfully present aliens, that is merely a talking point. Such rhetoric does not alter the plain text of the Alien Enemies Act, which refers to military invasions by a “foreign nation or government.” As James Madison explained in his “Report on the Alien and Sedition Acts,” published on January 7, 1800, “invasion is an operation of war.” The alleged crimes of the alleged members of a nonstate street gang do not magically become “an operation of war” just because the president says so in the hopes of unlocking extra powers.
Speaking of James Madison, he said that the role of the judiciary was to stand as “an impenetrable bulwark against every assumption of power in the legislative or executive.” That description is probably as good of an explanation as any for why Trump, just like Roosevelt before him, is so eager to stop the courts from doing their job.”
The left needs to be focused on competence in government not identity-based social causes, and the right needs to recognize that competent government requires funding and taxes and leaders who care about the organization’s mission and whose main qualification isn’t loyalty to a politician.
“But less than 1 percent of Social Security’s payments in recent years were determined to be improper – often the result of an accidental oversight or change in benefit status, according to a report last year by the agency’s inspector general. That works out to about $9 billion a year, and more than two-thirds of the mistaken payments were eventually clawed back. Another agency audit, which looked only at payments to retired workers, survivors and people with disabilities, found fraud was listed as the cause behind just 3 percent of improper benefit payments.”
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“The degree of scrutiny by Social Security’s IG can be intense. One report issued by the office earlier this month found that a partner agency in Mississippi had incorrectly made a $14 payment because of a data-entry error.
Social Security’s inspector general was fired in the first days of the Trump administration, along with top internal investigators at 16 other government agencies. Although the office has continued to operate, it is expected to lose up to 20 percent of its staff because of budget cuts, Rose said.”
“Connecticut allows towing companies to sell some people’s cars in just 15 days, one of the shortest windows in the country.”
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“Many cars are towed not for violating the law but instead for breaking a rule like parking the wrong way or failing to display a parking pass at their apartment complex.”
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“The sales have particularly affected low-income people, who have lost jobs after they were unable to get their cars back.”
“a French academic was refused entry onto U.S. soil over comments he had expressed against policies enacted by U.S. President Donald Trump.
France’s Higher Education Minister Philippe Baptiste said that “he had learned with concern that a French academic who was going to a conference in Houston was denied entry before being deported” back to Europe, according to a ministry statement seen by POLITICO.
“This measure was apparently taken by the American authorities because the researcher’s phone contained conversations with colleagues and friends in which he expressed a personal opinion on the Trump administration’s research policy,” he said.”