re: Based on SCOTUS opinion DOJ asks Boasberg to cancel 4/8 hearing - *UPDATE: Hearing Vacated

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You said they had rights and due process

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That is what the government argued from the very start of this case.

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come down hard on him. I would if I was Chief Justice.

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That's what she said.

The left is trying to claim some sort of victory in being shot down.

Its like the black knight from Monty Python and the Holy Grail.

Probably not happening, he will look for a way to find DOJ in contempt.

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My understanding of the court order is as follows

1. The court where they are detained is the court with jurisdiction

2. The people detained are allowed sufficient time to file a habeas corpus

The question becomes what is a sufficient time and the potential arguments for habeas corpus

It should be a relatively swift procedure while they remain detained

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I hadn't read or heard what Cajunangelle posted until now, that 5 were removed from the plane because they proved they were incorrectly picked up. If this is accurate, then those picked up were afforded an opportunity to prove themselves legal.

I don't understand why a person would need any type of official "hearing " to prove if they're legal.
Any person here legally could prove this easily.

Give the Left their due, you can bet that they applied Constitutional law in the *asylum* immigration process such that once here they knew the whole thing would stall and lock up in an ‘interpretation’ process. Law which reflects the original Intent and spirit of the Constitution has long been abandoned as have the requirements that immigrants abandon their former ideological allegiance to that of the Constitutional Republic. There is no grey area in regard to the Constitutional Republic/“inalienable Rights from God” and any contrary (re) interpretation of said Intent and Rights. A “reinterpretation which is in fact a “fundamental transformation “ and nullification of Constitutional P. The arguments which frame the above contrarian scenario are just fluff and ‘bloviating’ as both sides realize that given the polar opposite of said underlying ideology, the struggle becomes a zero sum game. One Side’s gain is another’s loss…of power for either the Government or the Individual. The Left will and does use the Constitution to destroy it, and the Culture which grows from said ideology. SFP’s legalistic arguments are impeccable in this regard. Bottom line: those of us who lived in the 1950s know what real freedom and security feels like. And illegal immigrant MS-13 would have been gunned down in the street by the seasoned warriors in the community with zero supposed Constitutional Muh due process or lawyerly doublespeak. “Professing themselves to be wise, they became fools”. Live and learn.

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2. The people detained are allowed sufficient time to file a habeas corpus. The question becomes what is a sufficient time and the potential arguments for habeas corpus

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I'd be interested to see how this fared in a case under the AEA. The quote below is from the text of the US Constitution.

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The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

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There may be precedent re the AEA and the actual use of habeas corpus, I don't know. Since the AEA can be invoked for "an invasion or predatory incursion" that threatens "the public safety", as defined by the President, which are among the conditions that the constitution allows for suspension of habeas corpus, it's not clear that habeas corpus is always available under the alien enemies act.

That's not going to happen.

He will continue to show his arse.

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