Above the law

Danger danger.

The White House has denied an accusation from rights groups that it flouted due process by defying a judge’s order while carrying out deportations at the weekend.

A group of 238 alleged Venezuelan gang members, plus 23 alleged members of the international MS-13 gang, were sent from the US to a prison in El Salvador. Some were removed from the country under a law not used since World War Two.

The move came despite a temporary block issued by a judge. The White House said the judge’s order itself was not lawful and was issued after the group was deported.

Neither the US government nor El Salvador has identified the detainees, or provided details of their alleged criminality or gang membership.

The White House doesn’t get to decide whether a judge’s order is lawful. The presidency is not intended to be a dictatorship.

Announcing the move on Saturday, Trump accused Tren de Aragua (TdA) of “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States”.

He invoked the Alien Enemies Act – a piece of legislation that dates to 1798, which was designed to allow non-citizens to be deported in times of war or invasion. Campaigners have questioned Trump’s justification.

The US is not at war, and the only invasion happening is the one by Trump and his gang members.

The order to halt the deportations came from US District Judge James Boasberg on Saturday evening, who demanded a 14-day pause pending further legal arguments.

After lawyers told him that planes with deportees had already taken off, the judge reportedly gave a verbal order for the flights to turn back, although that directive did not form part of his written ruling.

White House press secretary Karoline Leavitt denied the court ruling had been broken. “The administration did not ‘refuse to comply’ with a court order,” she said. “The order, which had no lawful basis, was issued after terrorist TdA [Tren de Aragua] aliens had already been removed from US territory.”

The justice department echoed Leavitt, saying the deportees had already left before the judge’s ruling – which it has appealed against. The case raises constitutional questions since, under the US system of checks and balances, government agencies are expected to comply with a federal judge’s ruling.

In other words compliance is not optional.

The American Civil Liberties Union (ACLU) questioned Trump’s use of a sweeping wartime authority which allows fast-track deportations. “I think we’re in very dangerous territory here in the United States with the invocation of this law,” said Lee Gelernt from the organisation.

The Alien Enemies Act only allowed deportations when the US was in a declared war with that foreign government, or was being invaded, Mr Gelernt said. “A gang is not invading,” he told BBC News.

The act was last used during World War Two to intern Japanese-American civilians.

But not, for some reason, German-American civilians. I wonder what the difference could possibly be.

If German-American civilians had been interned, Trump’s daddy would have been among them.

Anyway. Trump is ignoring the judicial branch; the coup is real.

3 Responses to “Above the law”

Leave a Comment

Subscribe without commenting