Lawyer Alan Delsitz said Tuesday that President Donald Trump and Congress have multiple options to curb a judge who tried to stop the deportation of more than 200 members of the Tren de Aragua (TDA) prison gang.
District of Columbia US District Judge James Boasberg issued an injunction Saturday order The Trump administration looks back at two planes carrying gang members to El Salvador. This after Trump Called Alien Enemy Act of 1798 Speed up the deportation of gang members. After providing background information, Dershowitz said the language of the law that Trump was called up might give to the room for Boasberg to halt deportation, but Trump had multiple options to drive TDA members out of the country. (Related: Alan Dershowitz explains why “we never know” whether autopen pardons are invalid.)
“What I don’t understand is probably my listeners can explain it to me, because the regime called this Alien 1798 French exclusion law. “War and foreign aggression have been declared. Which is Venezuela? I don’t know. Venezuela is certainly complicated. It’s a complicated law, and when they called out this judge, the DC Circuit Chief Judge, the DC Circuit Chief Judge, “You sort it. You came to me with that law.”
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“What if they didn’t have that law? “Would the judge say no? I don’t know the answer to that question, but I think it’s a question worth asking. Most importantly, consider the status of all these bad guys, and listen to them, these are bad people and President Trump says the American public doesn’t want to live in them.
Trump has issued several executive orders to address illegal immigration. specified Mexican drug cartels, TDA and MS-13, are foreign terrorist organizations. TDA is a violent gang member, whose members are said to be involved in the acquisition of a murderous apartment in Aurora, Colorado. (Related: Former NYPD Inspector: The judge blocking terrorist deportation is “on his ski”)
“I think Congress can do more to promote the exit for these bad guys, and they should do more, and they can do more to reduce jurisdiction in the courts. They can pass laws that have jurisdiction only to grant the district court an injunction covering his local administration,” Dershowitz said. “In Hawaii, judges cannot tell soldiers in Iraq and Afghanistan that they will not engage in war.”
Dershowitz recalls teaching him the ranks on legal issues during the Vietnam War, including debating whether war was constitutional.
“Many people think that war is unconstitutional because it was not declared, and the constitution says that only Congress can declare war, so there was a big debate about whether people are in a position to challenge war, whether the courts have jurisdiction, whether this is a presidential decision, etc,” Dershowitz said. “These are difficult and complicated issues, and President Trump is pushing them hard, and he has the right to do that. That’s the purpose of checking and balancing.”
Dershowitz also dismissed the notion that the actions of the Trump administration caused a constitutional crisis and that Trump and Congress could hold back lower court judges. (Related: “Citizens are Different”: Scott Jennings closes fears about Dem Rep’s deportation)
“The council clearly has power. There is a possibility that it will abolish local courts across the country. We can say there are no more district courts,” Dershowitz said. “There’s nothing in the Constitution about district courts. They say they know there are other lower courts, but they don’t show where the circuit is or how many judges in the Court of Appeals. [or] District Court Judge. These are all issues of Congress, and Congress can have greater input than it is now. So, there is no constitutional crisis, but let’s be clear, Congress can help avoid constitutional conflicts by legislating some of these issues. ”
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