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re: Megyn Kelly — Alien Enemies Act is not subject to judicial review.

Posted on 3/22/25 at 10:12 am to
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 10:12 am to
quote:

It's the most proper district, in fact, as it's effectively specifically built for these disputes.

Tell it to Mahmoud Khalil
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 10:16 am to
quote:

See above (Scalia declining a different COA position waiting for DC) .
Again, you are conflating the COA with District Judge embarrassments like DayJob Chutkan etc
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 10:20 am to
Here's the statement of jurisdiction and venue in the J.G.G. complaint


JURISDICTION AND VENUE
quote:

5. . This case arises under the Alien Enemies Act (“AEA”), 50 U.S.C. §§ 21-24; the
Administrative Procedure Act (“APA”), 5 U.S.C. § 701, et seq.; the Immigration and Nationality
Act (“INA”), 8 U.S.C. § 1101, et seq. and its implementing regulations; the Convention Against
Torture (“CAT”), see Foreign Affairs Reform and Restructuring Act of 1998 (“FARRA”), Pub.
L. No. 105-277, div. G, Title XXII, § 2242, 112 Stat. 2681, 2681-822 (1998) (codified as Note to
8 U.S.C. § 1231); the All Writs Act, 28 U.S.C. § 1651, and the Fifth Amendment to the U.S.
Constitution.

6. This Court has subject matter jurisdiction under 28 U.S.C. § 2241 et seq. (habeas
corpus), art. I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), 28 U.S.C. § 1331 (federal
question), 28 U.S.C. § 1346 (United States as defendant), 28 U.S.C. § 1361 (mandamus), and 28
U.S.C. § 1651 (All Writs Act). Defendants have waived sovereign immunity for purposes of this
suit. 5 U.S.C. §§ 702, 706.

7. The Court may grant relief pursuant to 28 U.S.C. § 2241; 28 U.S.C. § 2243; the
Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.; 28 U.S.C. § 1331; the All Writs Act, 28
U.S.C. § 1651; and the Court’s inherent equitable powers.

8. Venue is proper in this District under 28 § 1391(e)(1) because Defendants are
agencies of the United States or officers of the United States acting in their official capacity,
Defendants reside in this District, and a substantial part of the events or omissions giving rise to
the claim occurred in this district.
Case 1:25-cv-00766 Document 1 Filed 03/15/25 Page 4 of 24


Did the admin challenge this?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476983 posts
Posted on 3/22/25 at 10:22 am to
quote:

you are conflating the COA with District Judge embarrassments like DayJob Chutkan etc

It's the most prestigious district court, too. The parties typically save their top shelf prospects for DC. It is what it is.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 10:35 am to
quote:

the statement of jurisdiction
Not at issue.
That's the point.
Judge shoppers take advantage of multiple jurisdictional opportunities. Rarely do they swing and miss like Jack Smith trying to get DayJob Chutkan the Mar-a-lago case.
Any of the Venezuelan cases could have been heard in the jurisdictions where they were arrested. Judge Boasberg was simply deemed a better TRO opportunity.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 3/22/25 at 10:36 am to
quote:

It's the most prestigious district court, too.
That is nothing but your opinion.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 11:02 am to
quote:

You shouldn’t. As long as you are aware a declared was (which you thought happened in Iraq) is only one of three ways to invoke the Act.


yes and the other 2 ways are also armed conflict.

they just aren’t declared.
Posted by BBONDS25
Member since Mar 2008
59471 posts
Posted on 3/22/25 at 11:43 am to
quote:

yes and the other 2 ways are also armed conflict.


Read it again.

quote:

they just aren’t declared.


Like Iraq?
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 3/22/25 at 11:56 am to
quote:

The admin is using 3 angles to try to avoid review 1. AEA 2.Foerign policy 3. National security The question is if these are legitimate or ruses simply to avoid review. Any freedom-loving American should be concerned about the potential use of manufactured ruses to eradicate fundamental protections of people in the US (including citizens).


Again retarded.

If someone wanted to sue and say Congress shouldn't have granted this power to the president, and attempt to revoke the law, that would be valid. It might even be a good idea for "freedom loving Americans" to do so.

That's not what's happening here. This lunatic is trying to interject the judiciary into foreign policy and determine if the executives foreign policy decisions are valid.

It's as retarded as your attempt to defend it.

Specifically, how is a court to decide


quote:

The question is if these are legitimate or ruses simply to avoid review.


Without weighing on foreign policy decisions completely out of its purview.
This post was edited on 3/22/25 at 11:59 am
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 12:01 pm to
quote:

Read it again.


invasion

predatory incursion

yup, hasn’t changed.
Posted by BBONDS25
Member since Mar 2008
59471 posts
Posted on 3/22/25 at 12:08 pm to
quote:

yup, hasn’t changed.


Correct. Neither of those require armed conflict.
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 3/22/25 at 12:08 pm to
quote:

yup, hasn’t changed.


Yup and all your arguments are silly and stupid, I don't expect that to change either.

This post was edited on 3/23/25 at 6:27 pm
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 12:11 pm to
quote:

That's not what's happening here. This lunatic is trying to interject the judiciary into foreign policy and determine if the executives foreign policy decisions are valid.


the SCOTUS has made it clear that they can review whether the statute is being applied correctly.

No where in the constitution or statute does it say the president has full unreviewable discretion to decide who is a foreign country or what an invasion is.

The court can decide if the statue covers whatever it is the President wants to say is an invasion or predatory
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 12:12 pm to
quote:

Neither of those require armed conflict.


Only if you ignore what an invasion is.
Posted by JimEverett
Member since May 2020
2408 posts
Posted on 3/22/25 at 12:12 pm to
First, what is the EO? I assume you mean the President's Proclamation invoking the AEA, but not sure.

Second, I think that in determining whether a person is deportable under Trump's invocation of the AEA, whether a person is Venezuelan and over the age if 14 is not sufficient to be subject to removal. The person must also be a member of the gang Trump specified.

We will see soon enough if that is correct.



Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 12:27 pm to
quote:

First, what is the EO? I assume you mean the President's Proclamation invoking the AEA, but not sure.


He issued an EO which is also the proclamation with additional orders.

quote:

Second, I think that in determining whether a person is deportable under Trump's invocation of the AEA, whether a person is Venezuelan and over the age if 14 is not sufficient to be subject to removal. The person must also be a member of the gang Trump specified.


We have the statute and then the order.

if the Statute is in effect, then the president has the power to deport all venezuelans over 14.

The EO is instructions agents in who specifically within that group he wants to deport.

abut the AEA as a statute gives him power of citizens of another nation not just members of the invading force.

the real benefit to Trump policy is that if he has full authority to deport all venezuelans without review he can deport anyone he thinks is TdA without any kind of review so long as they are venezuelans.

Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 3/22/25 at 12:40 pm to
quote:

We will see soon enough if that is correct.


We already know, the flailings of these lunatic so called judges doesn't change that.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79433 posts
Posted on 3/22/25 at 12:52 pm to
quote:

We already know, the flailings of these lunatic so called judges doesn't change that.


unless they do.

Posted by BBONDS25
Member since Mar 2008
59471 posts
Posted on 3/22/25 at 12:55 pm to
quote:

Only if you ignore what an invasion is.


Cite the definition of invasion as it pertains to the act. Any case law? If they wanted armed conflict to be a requirement they would have enumerated that. They did not. So until you can cite some authority that supports your definition, you’re wrong. This is 101 level analysis.
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 3/22/25 at 1:04 pm to
quote:

It's the most prestigious district court,




It just never stops.
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