“Somewhere off the coast of Venezuela, a speedboat with 11 people on board is blown to smithereens. Vice President J.D. Vance announces that “killing cartel members who poison our fellow citizens is the highest and best use of our military.”
When challenged that killing citizens without due process is a war crime, the vice president responded that he “didn’t give a shit.”
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But over 20,000 people are murdered in the U.S. each year, and yet somehow we find a way to a dispassionate dispensation of justice that includes legal representation for the accused and jury trial.
Why? Because sometimes the accused is actually not guilty.
As passions subside, a civilized people should ask: To be clear, the people bombed to smithereens were guilty, right?
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The administration has maintained that the people blown to smithereens were members of Tren de Aragua and therefore narcoterrorists.
Certainly, then, if we know they belong to a particular gang, then someone must surely have known their names before they were blown to smithereens?
At the very least, the government should explain how the gang came to be labelled as terrorists. U.S. law defines a terrorist as someone who uses “premeditated, politically motivated violence…against non-combatants.” Since the U.S. policy is now to blow people to smithereens if they are suspected of being in a terrorist gang, then maybe someone could take the time to explain the evidence of their terrorism?
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Few independent legal scholars argue the strikes are legal. Even John Yoo—a former deputy assistant attorney general under President George W. Bush, who infamously authored the Bush administration’s legal justification for “enhanced interrogation techniques”—has criticized the Trump administration’s justification for the strikes, saying: “There has to be a line between crime and war. We can’t just consider anything that harms the country to be a matter for the military. Because that could potentially include every crime.””
The United States military is making extrajudicial illegal killings of potential drug traffickers, apparently killing a boat of Colombians this time. The U.S. is threatening a regime change war with Venezuela.
“Most U.S. drug traffickers are Americans, but the president is ordering extrajudicial maritime killings while ignoring the domestic demand that drives the market.”
“Vice President J.D. Vance was almost incredulous when a reporter asked him what “legal authority” the Trump administration used to blow up an alleged drug boat off the coast of Venezuela with a drone on Tuesday. “There are people who are bringing—literal terrorists—who are bringing deadly drugs into our country,” Vance said.
Why are they “literal terrorists”? Because the administration said so. President Donald Trump declared just after taking office that he would be designating drug cartels as terrorist organizations. One of them was Tren de Aragua, the organization accused of sending out the drug boat. (The administration tends to play fast and loose with labeling things Tren de Aragua; for all its criminal activities, the gang is not known to smuggle cocaine.) After the drone strike, multiple cabinet officials made sure to use the phrase “narco-terrorist organization.”
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A terrorist can be anyone the White House declares: an American journalist, a suspected drug smuggler, or another government. The only requirement seems to be that the terrorist is located outside of U.S. soil.
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Deploying uniformed troops against street crime, flying (unarmed) Predator drones over protesters, blowing up suspected smugglers instead of arresting them—these images are breaking down the political distinction between the “battlefield” and the “homefront.” Last week, U.S. Border Patrol agents were photographed training with mortars during live-fire exercises in Alaska. Since when do American police need artillery?”
“It has been several months since the first major law firm brokered a deal with Trump to get out from under an executive order penalizing the firm for conducting work or hiring lawyers that the White House disfavors. Eight firms followed that precedent in order to avoid becoming targeted themselves, ultimately committing a combined total of nearly $1 billion in pro bono legal services to largely unspecified initiatives supported by the Trump administration. Four firms refused to buckle and successfully challenged the orders targeting them in federal district court in Washington, D.C.”
“The Constitution’s text is clear that Congress must authorize appropriations and the president must “take Care” that those laws are “faithfully executed.” There is no basis in constitutional text or history for the president to claim open-ended power to impound funds in the manner of the OMB memo. In 1975, the Supreme Court rejected former President Richard Nixon’s claim to be able to spend less than Congress had appropriated. That ruling would have had to come out the other way if the president had a constitutional power to impound. (Perhaps aware of this reality, OMB issued a later memo claiming the freeze was not, in fact, an “impoundment.” But this is just a semantic sleight of hand: For entities that need federal funds this or next week in particular, there is no meaningful difference.)”
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“If anything, the Supreme Court has tightened the constitutional leash on such unilateral claims of executive authority untethered from a statutory anchor. With Justice Neil Gorsuch leading the charge, it has stressed instead the need for clear authority from Congress for the exercise of any delegated power, including the power to write regulations. The OMB memo makes a mockery of those decisions by allowing the president to do with money what now isn’t allowed with regulations.
It is true that there is a scattering of past instances of impoundment. But these isolated cases largely concern foreign affairs and national security matters. In 1803, for example, Thomas Jefferson declined to spend funds for 15 gunboats for fear that they would upend secret talks with a foreign sovereign, Napoleonic France. Whatever unilateral presidential authority exists over foreign affairs cannot constitutionally be spread with reckless abandon to cover any or all domestic spending.
Past presidents have also confronted conflicts between a legislative command and Congress’ failure to appropriate funds to execute that command. There, presidents are forced to make a choice between dueling statutory orders. Courts rarely address these conflicts. But it is striking to note that in a 2012 case involving competing mandates, the Supreme Court rejected the executive’s claim to be able to withhold promised funds.”
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“The impoundment power Trump’s White House asserts would drive a stake through Congress’ constitutional authority.
Exactly like the line-item veto invalidated by the Supreme Court in 1998, the claimed impoundment power is de facto power to selectively edit duly enacted laws. This claimed nonenforcement should elicit whiplash among conservatives. After all, it was red states such as Texas, aided by Trump’s adviser Stephen Miller, that once excoriated the Biden administration for negating federal laws on immigration via nonenforcement. (The Biden administration, however, could point to statutory conflicts that don’t exist in this case.)”
“Special counsel Jack Smith has outlined new details of former President Donald Trump and his allies’ sweeping and “increasingly desperate” efforts to overturn his 2020 election loss, in a blockbuster court filing Wednesday aimed at defending Smith’s prosecution of Trump following the Supreme Court’s July immunity ruling.
Trump intentionally lied to the public, state election officials, and his own vice president in an effort to cling to power after losing the election, while privately describing some of the claims of election fraud as “crazy,” prosecutors alleged in the 165-page filing.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” the filing said. “With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”
When Trump’s effort to overturn the election through lawsuits and fraudulent electors failed to change the outcome of the election, prosecutors allege that the former president fomented violence, with prosecutors describing Trump as directly responsible for “the tinderbox that he purposely ignited on January 6.”
“The defendant also knew that he had only one last hope to prevent Biden’s certification as President: the large and angry crowd standing in front of him. So for more than an hour, the defendant delivered a speech designed to inflame his supporters and motivate them to march to the Capitol,” Smith wrote.
The lengthy filing — which includes an 80-page summary of the evidence gathered by investigators — outlines multiple instances in which Trump allegedly heard from advisers who disproved his allegations, yet continued to spread his claims of outcome-determinative voter fraud, prosecutors said.
“It doesn’t matter if you won or lost the election. You still have to fight like hell,” Trump allegedly told members of his family following the 2020 election, the filing said.”
“Today’s legal immigration system is drastically different than what it was historically. Post-independence, the U.S. took a broadly liberal approach to welcoming newcomers. “Even when it finally adopted some rules in the late 19th century, immigrants were presumed eligible for permanent residence unless the government showed that they fell into specific and usually narrow ineligible categories,” writes Bier.
Now, would-be migrants have to prove their eligibility based on strict prerequisites that vanishingly few can fulfill. That shift hasn’t reduced demand for migration pathways—it’s just created a black market, much like other forms of prohibition. Rather than looking to a sensible, straightforward, and sanctioned visa application process, migrants of many stripes look to smugglers and illegal entry to reach American soil. This has made their journeys far more dangerous (and, in many cases, deadly).”