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Stephen Miller rejects DC judges legal authority over national security.

Posted on 3/18/25 at 9:59 am
Posted by lake chuck fan
Vinton
Member since Aug 2011
21923 posts
Posted on 3/18/25 at 9:59 am
Stephen Miller explains, based on Constitutional Law, why the district court judge has no jurisdiction over national security decisions made by the Executive Branch.
By Trump invoking "The Alien Enemies Act" to expell the gang members from US soil this becomes a national security issue. A district judge has zero jurisdiction over issues involving national security. It's really simple. Black and white.




Posted by Tigergreg
Metairie
Member since Feb 2005
24689 posts
Posted on 3/18/25 at 10:02 am to
Miller never disappoints.
Posted by Decatur
Member since Mar 2007
32020 posts
Posted on 3/18/25 at 10:02 am to
Wouldn’t Stephen Miller have been the guy to tell Trump admin attorneys to proceed with the deportation?
Posted by Bunk Moreland
Member since Dec 2010
66986 posts
Posted on 3/18/25 at 10:02 am to
OK, so is there any limit on what the president can declare a national security matter and act unilaterally? The intel community constantly commits abuses, then covers it up under this concept all the time.
Posted by CoachChappy
Member since May 2013
34120 posts
Posted on 3/18/25 at 10:03 am to
Im seriously shocked that CNN or any other "News" outlet has Stephen Miller on anymore. That guy is an absolute killer. He super sharp and really seems to enjoy taking libs to task.
Posted by ole man
Baton Rouge
Member since Nov 2007
17280 posts
Posted on 3/18/25 at 10:04 am to
These judges are treading on real thin ice
Posted by Tigergreg
Metairie
Member since Feb 2005
24689 posts
Posted on 3/18/25 at 10:05 am to
quote:

OK, so is there any limit on what the president can declare a national security matter and act unilaterally?


Likely a gray area, but when it is acted upon, you better be ready to explain why.
Posted by GumboPot
Member since Mar 2009
139091 posts
Posted on 3/18/25 at 10:13 am to
CNN anchor, "If you didn't have to follow the judges order, why did you?"

It's a good rhetorical question.

The issue here is that Steven Miller is trying to substantially provide a legal basis for the actions of the Executive by being respectful of the Judiciary. Could he and the Trump administration basically tell the Judicial branch to frick off? Yes. But that is not a good long term strategy. A better strategy is to get the Judicial Branch to come around to the Executive's way of thinking. That is a MUCH more substantive approach and codifies executive actions for the future. Stephen Millers approach in this CNN segment was very smart.
Posted by lake chuck fan
Vinton
Member since Aug 2011
21923 posts
Posted on 3/18/25 at 10:13 am to
quote:

OK, so is there any limit on what the president can declare a national security matter and act unilaterally



This isn't unilateral. It's based in a law passed by Congress that authorizing the President to remove illegals that are deemed to be a national security risk. Since it's a matter of national security, the Executive branch is within its constitutional rights to make these determinations.
Posted by lake chuck fan
Vinton
Member since Aug 2011
21923 posts
Posted on 3/18/25 at 10:15 am to
quote:

Likely a gray area, but when it is acted upon, you better be ready to explain why.



Miller does explain why, in a very simple, easy to understand manner. That's why I posted the video.
Posted by blueridgeTiger
Granbury, TX
Member since Jun 2004
22102 posts
Posted on 3/18/25 at 10:16 am to
quote:


OK, so is there any limit on what the president can declare a national security matter and act unilaterally? The intel community constantly commits abuses, then covers it up under this concept all the time.


Yet you seem perfectly happy that there are no checks and balances over what a tyrannical judiciary can do.
Posted by IvoryBillMatt
Member since Mar 2020
10077 posts
Posted on 3/18/25 at 10:18 am to
quote:

OK, so is there any limit on what the president can declare a national security matter and act unilaterally? The intel community constantly commits abuses, then covers it up under this concept all the time.


There is no limit. It's how Barack Obama got away with killing an American teenager without due process.
This post was edited on 3/18/25 at 10:23 am
Posted by GumboPot
Member since Mar 2009
139091 posts
Posted on 3/18/25 at 10:20 am to
quote:

OK, so is there any limit on what the president can declare a national security matter and act unilaterally?


The courts have given the executive tremendous leeway in what is "national security". Remember the MAL "classified documents" case? Jack in his indictment never claimed there was classified documents in Trump's possession at MAL. He said they were "national security" documents with classified markings and since they were declared as "national security" by the National Security Division of the DOJ by fiat, they became "national security" documents and the DOJ became the true owner of the documents, not Trump. Judge Cannon disagreed but did still gave deference to the DOJ upon appeal. The 11 Circuit sided with the National Security Division of the DOJ and they retained possession of all the MAL documents.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
469218 posts
Posted on 3/18/25 at 10:21 am to
quote:

This isn't unilateral.

The President's actions are.

quote:

Since it's a matter of national security, the Executive branch is within its constitutional rights to make these determinations.

So, no limit, is your answer to Bunk's question.
Posted by Chazreinhold
Utah
Member since Oct 2020
7300 posts
Posted on 3/18/25 at 10:23 am to
I hope the left keeps this shite up. This is a losing battle for them.
Posted by GumboPot
Member since Mar 2009
139091 posts
Posted on 3/18/25 at 10:24 am to
quote:

Under Miller's interpretation there is no limit.


In this case Miller is invoking the The Alien Enemies Act. It provides three criteria and only one criterion has to be met. Miller believes the Executive Branch meets all three criteria in this case.
Posted by cajunangelle
Member since Oct 2012
163244 posts
Posted on 3/18/25 at 10:24 am to
Even Grok says this judge is out of his lane.

SFP-knows best

Hank- says all who don't see this righteous Judge, have low IQ's

I appreciate that Miller called the Judge an outright moron.
Posted by SirWinston
PNW
Member since Jul 2014
103109 posts
Posted on 3/18/25 at 10:24 am to
The great Alan Dershowitz thinks that the Trump administration was too cute and shouldn't have used this particular Act. I find legal strategy boring so I kind of chuned out, but what he said seems convincing to me
This post was edited on 3/18/25 at 10:26 am
Posted by GumboPot
Member since Mar 2009
139091 posts
Posted on 3/18/25 at 10:25 am to
quote:

quote:

This isn't unilateral.


The President's actions are.





How is it unilateral when the Legislative Branch provided the Executive with the authority?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
469218 posts
Posted on 3/18/25 at 10:25 am to
quote:

Even Grok says this judge is out of his lane.

When you feed Grok a factual scenario presuming legal and proper use of a particular statute, which ignore that this discussion if specifically over whether or not the use of the statute was legal and proper.
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