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re: Why Judge Boasberg is Wrong

Posted on 3/18/25 at 2:27 pm to
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
17210 posts
Posted on 3/18/25 at 2:27 pm to
Title 8 deportations. Exclusive to executive under Article II.

Funny, I don't remember any judges of any political persuasion putting injunctions on flying them IN.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:28 pm to
quote:

I have heard Trump refer to it as a invasion.

That doesn't make it so.

DEMs said the J6ers engaged in "insurrection" during political grandstanding events, but none were charged that way when it came time to do actual legal work.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:29 pm to
quote:

And this is also not something than is subject to judicial review.


Determining this

quote:

claim the TDA gang was SENT here by Venezuela.


is subject to judicial review, as it applies to this:

quote:

any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States
Posted by Nosevens
Member since Apr 2019
14394 posts
Posted on 3/18/25 at 2:29 pm to
Don’t be obtuse, as you very clearly know he didn’t but violent gangs or people that came into this country that don’t have commitments to the country can be and has been now
Posted by Bjorn Cyborg
Member since Sep 2016
31919 posts
Posted on 3/18/25 at 2:30 pm to

quote:

That doesn't make it so.


Au contraire mon frère.



quote:

and the President makes public proclamation of the event,
Posted by MontanaTiger
Montana
Member since Oct 2008
3887 posts
Posted on 3/18/25 at 2:30 pm to
quote:

Has the Alien and Enemies Act ever been invoked for people not subject to a state that the US specifically declared war against?

Has it ever been attempted to be combined with the AUMF in order to achieve the "declared war" requirement?
Can you not read or understand grammar? The law doesn’t require a declared war as there is a clause that states “OR any invasion or predatory incursion” as a trigger. What has happened with these illegal aliens is clearly an invasion or predatory incursion. Damn, for a so-called “lawyer” you sure are a dumb arse.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:32 pm to
quote:

What has happened with these illegal aliens is clearly an invasion or predatory incursion.

That is 100% not clear, just FWIW

And I'm guessing you can't answer my questions. I don't think there are any examples.
Posted by Bjorn Cyborg
Member since Sep 2016
31919 posts
Posted on 3/18/25 at 2:32 pm to
quote:

is subject to judicial review, as it applies to this:


Foreign intelligence and national security issues are not subject to judicial review.

How can a judge determine whether or not they were sent here by Venezuela? These things are can be based on spies, surveillance etc. They can't be proven in court.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:33 pm to
quote:

Au contraire mon frère.


That is just saying the President has to make it publicly known. His declarations still have to fall within the statutory authority of the law.
Posted by Nosevens
Member since Apr 2019
14394 posts
Posted on 3/18/25 at 2:33 pm to
You like legalese, read the first paragraph of the SCOTUS ruling. Clearly states judicial’s can pound sand
Posted by Yokelhoma
Member since Jul 2021
176 posts
Posted on 3/18/25 at 2:34 pm to
So this board (and apparently Trump's administration) is now contending that the government of Venezuela is invading the United States? In order for this Act to apply, the invasion has to be by a foreign nation or government.

If this is true, surely we should then declare war on Venezuela, right? That should be the first step if we're getting invaded by another country.
Posted by Bjorn Cyborg
Member since Sep 2016
31919 posts
Posted on 3/18/25 at 2:35 pm to
quote:

That is 100% not clear


Based on the law as I read it, and I just heard Stephen Miller read it as they will argue it, it doesn't have to be 100 percent clear. Or even 1 percent clear. The president has broad latitude, almost complete latitude.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:35 pm to
quote:

How can a judge determine whether or not they were sent here by Venezuela?

The admin has to present evidence to justify this to show their actions conform to the statute.

Again, I'll ask this again: what is the recourse if the admin makes a mistake and improperly or overbroadly applies the law? Just oopsies, nobody can do anything to restrain the illegal actions of the admin?
Posted by TBoy
Kalamazoo
Member since Dec 2007
25980 posts
Posted on 3/18/25 at 2:36 pm to
quote:

You can be drafted and shipped off to a battlefield.

Much more than that.
Posted by Bjorn Cyborg
Member since Sep 2016
31919 posts
Posted on 3/18/25 at 2:36 pm to
quote:

The admin has to present evidence to justify this to show their actions conform to the statute.



I don't believe that to be true.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:37 pm to
quote:

it doesn't have to be 100 percent clear. Or even 1 percent clear. The president has broad latitude, almost complete latitude.


So the President can just declare any behavior by any person (including citizens) to fall under that portion of the law and remove them from the country with no due process? And transport them to a foreign jail?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:37 pm to
quote:

I don't believe that to be true.


quote:

what is the recourse if the admin makes a mistake and improperly or overbroadly applies the law? Just oopsies, nobody can do anything to restrain the illegal actions of the admin?
Posted by Rebel
Graceland
Member since Jan 2005
137887 posts
Posted on 3/18/25 at 2:40 pm to
Stephen Miller is a baw.
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
70591 posts
Posted on 3/18/25 at 2:40 pm to
Is that what the law says?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 2:41 pm to
quote:

Is that what the law says?


That's what the interpretation of the law (and the restrictions on the judiciary in interpreting that law) floating around here are arguing.

I clearly do not agree, but it's not my argument to defend.
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