Attorney Alan Dershowitz said Thursday in Newsmax that the Supreme Court is unlikely to be on his side with President Donald Trump if he pursues plans to send American prisons to foreign prisons.
Trump I said His administration is actively considering sending US citizens to prisons in El Salvador before a press conference with El Salvador President Naive Buquere. When featured in “The Record with Greta Van Sleslen,” Dershowitz said the idea of moving US citizens to facilities in a country like El Salvador, where reports of torture and gang killings continue, is likely to violate the constitutional ban on cruel and unusual punishment.
“Habeas warrants are constitutionally guaranteed. They can only be stopped under certain circumstances. So I don’t think it will be the way President Trump wants it to end,” Dershowitz explained how habeas rights apply outside the US, he said. time.
Dershowitz said that while it could send prisoners to countries with a reputable legal system like Italy, it could pose different legal issues, he said there is an overwhelming probability for courts allowing them to move to a country known for its brutal prison conditions.
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“We make sure that the courts hold it. My prediction is that American citizens convicted of a crime will not be allowed to be sent abroad and subject to cruel and unusual punishment. “We have already sent prisoners to Guantanamo, the American territory that we rented out from Cuba, but not in reality American territory. So, that’s not 100% certain, but I’m 90% sure that the courts will not be sent to a foreign country where American citizens can be subject to cruel and unusual punishment.”
Dershowitz also discussed the death penalty being found unconstitutional and recalled how he drafted the first opinion that surprised it under the 8th Amendment while writing for Judge Arthur Goldberg. The Supreme Court later overturned the course, but he said that the definition of cruel and unusual punishment was subjective and depends on the degree of harm involved. (Related: Brithume identifies who is pushing Democrats to bring Abrego Garcia back to us)
“I wrote the first draft of the first opinion declaring the death penalty unconstitutional on the grounds of cruel and unusual punishment. “And a few years later, the Supreme Court resurrected it and stated that if it is managed in a certain way, the death penalty is not cruel and unusual for certain crimes. But that’s a problem to some extent. And I think the idea of us sending them to Salvador’s prisons knows that torture will happen and gang killings will happen.
The debate follows a meeting between Trump and Buquere, where the two tackled the detention of illegal immigrants sent to El Salvador, including Kilmer Armando Abrego Garcia, who is suspected of having MS-13. The Trump administration argued that there was no obligation to bring Garcia back to the United States.
In a recent court application, the Department of Justice said the federal courts do not have the authority to interfere with foreign policy issues, including decisions regarding Garcia’s deportation and imprisonment. ICE arrested Garcia in March and deported him to El Salvador, where he was placed in a prison designed for gang members. Authorities tied him to MS-13 after arrests in Maryland in 2019 and information from a confidential informant.
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