SiriusXM’s Megyn Kelly clashed with Democrat Florida lawyer Dave Alomberg on Friday’s show over whether a DC federal judge could “decipher political issues” about President Donald Trump.
On March 28, Trump’s Department of Justice (DOJ) asked the U.S. Supreme Court to stop the temporary suspension of US District Judges on deportation under the Alien Enemy Act of 1798.
“OK, but Dave, how is the federal district court allowed in the ACLU debate to determine whether there has been an aggression, predatory aggression by a foreign government?” Kelly asked. “How do they decide that better than the commander and the sitting president of the US?”
“Well, they have the right to interpret the alien enemy law, and here the judge says that this law doesn’t apply, so they don’t give the administrative department the authority to make these decisions,” Kelly said before diving in.
On March 15, Trump called out the alien enemy law of 1798 against Venezuelan gangster Tren de Aragua, allowing officials to immediately arrest and withdraw gang members. The order was invoked that day, but Boasberg filed to halt deportation after the Trump administration announced the removal of more than 200 gang members into El Salvador. (Related: “Fake SOB Story”: Lights the lights to “mainstream media” for DHS SPOX to “bid” gangs)
“You haven’t answered,” Kelly pushed back. “No, no, no, no, let me stop you there, because there are three different ways in which you can make alien enemies apply: war, invasion, or predatory acts of invasion.
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“They don’t seem to assert that we are necessarily at war with Venezuela, but certainly he says that if you see his declaration, he’s saying invasions and predatory invasions,” Kelly said. “So there’s no doubt we can have something else without Congress.”
Alonberg continued, “The administrative department has the capacity to interpret the law the way it desires.”
“They are not allowed to decide on political issues, Dave,” Kelly jumped. Kelly asked.
Alonberg said the Supreme Court would make that decision. He began saying that the court hadn’t jumped into the case before Kelly could cut him off.
“They never questioned our declaration of war after 9-11. They never questioned our declaration of war on Iraq or Afghanistan,” Kelly said. “The courts usually reluctant to go near such a political declaration because the president is at the top of his power and court when he is talking about political issues and says they have nothing to say they are in their Nadir.”
The case was brought to the Supreme Court after the DC Circuit upheld a temporary suspension in Boasburg on March 26th. While waiting to see whether Scotus would take the case, Boasberg grilled DOJ’s attorney on Thursday about whether he had invalidated his former court order. According to Go to Fox News.
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