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Started By
Message
re: Megyn Kelly — Alien Enemies Act is not subject to judicial review.
Posted on 3/22/25 at 10:12 am to SlowFlowPro
Posted on 3/22/25 at 10:12 am to SlowFlowPro
quote:Tell it to Mahmoud Khalil
It's the most proper district, in fact, as it's effectively specifically built for these disputes.
Posted on 3/22/25 at 10:16 am to SlowFlowPro
quote:Again, you are conflating the COA with District Judge embarrassments like DayJob Chutkan etc
See above (Scalia declining a different COA position waiting for DC) .
Posted on 3/22/25 at 10:20 am to NC_Tigah
Here's the statement of jurisdiction and venue in the J.G.G. complaint
JURISDICTION AND VENUE
Did the admin challenge this?
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 on 3/22/25 at 10:22 am to NC_Tigah
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 on 3/22/25 at 10:35 am to SlowFlowPro
quote:Not at issue.
the statement of jurisdiction
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 on 3/22/25 at 10:36 am to SlowFlowPro
quote:That is nothing but your opinion.
It's the most prestigious district court, too.
Posted on 3/22/25 at 11:02 am to BBONDS25
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 on 3/22/25 at 11:43 am to SammyTiger
quote:
yes and the other 2 ways are also armed conflict.
Read it again.
quote:
they just aren’t declared.
Like Iraq?
Posted on 3/22/25 at 11:56 am to SlowFlowPro
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 on 3/22/25 at 12:01 pm to BBONDS25
quote:
Read it again.
invasion
predatory incursion
yup, hasn’t changed.
Posted on 3/22/25 at 12:08 pm to SammyTiger
quote:
yup, hasn’t changed.
Correct. Neither of those require armed conflict.
Posted on 3/22/25 at 12:08 pm to SammyTiger
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 on 3/22/25 at 12:11 pm to Turbeauxdog
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 on 3/22/25 at 12:12 pm to BBONDS25
quote:
Neither of those require armed conflict.
Only if you ignore what an invasion is.
Posted on 3/22/25 at 12:12 pm to SammyTiger
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.
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 on 3/22/25 at 12:27 pm to JimEverett
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 on 3/22/25 at 12:40 pm to JimEverett
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 on 3/22/25 at 12:52 pm to Turbeauxdog
quote:
We already know, the flailings of these lunatic so called judges doesn't change that.
unless they do.
Posted on 3/22/25 at 12:55 pm to SammyTiger
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 on 3/22/25 at 1:04 pm to SlowFlowPro
quote:
It's the most prestigious district court,
It just never stops.
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