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re: Why Judge Boasberg is Wrong

Posted on 3/18/25 at 3:45 pm to
Posted by Blizzard of Chizz
Member since Apr 2012
19894 posts
Posted on 3/18/25 at 3:45 pm to
quote:

Trump is using the "gang" as a subterfuge to assume war powers, which means suspension of your and my individual rights.


He has a constitutional duty to defend this country from enemies both FOREIGN and domestic. These foreign terrorists are here thanks to a worthless president Biden and a complicit judiciary who let them in. Trump has every right to expel them from our shores. It’s what the statute was placed there for..
Posted by moneyg
Member since Jun 2006
59289 posts
Posted on 3/18/25 at 3:46 pm to
quote:

So the President can just declare any behavior by any person (including citizens) to fall under that portion of the law


quote:

Alien enemy status

quote:

Alien enemy

quote:

Alien
Posted by TBoy
Kalamazoo
Member since Dec 2007
25980 posts
Posted on 3/18/25 at 4:13 pm to
quote:

It’s what the statute was placed there for..

No, you are wrong, but also you will not allow any actual discussion of the matter. So keep being you, regardless.
Posted by NIH
Member since Aug 2008
117008 posts
Posted on 3/18/25 at 4:14 pm to
I’d cheer if he deported you
Posted by Kid Ray
Member since Nov 2024
463 posts
Posted on 3/18/25 at 4:15 pm to
yes they in fact are ILLEGAL ALIEN ENEMIES
Posted by Mandtgr47
Member since Aug 2024
5538 posts
Posted on 3/18/25 at 4:17 pm to
quote:

TBoy


How do you look at yourself in the mirror? Seriously, not trolling you.

You are clearly a beta, and a soy boy, quite possibly gay. Do you feel good about yourself? Have you ever thought about becoming a woman? Everything about you screams woman, so why not do it.
Posted by TBoy
Kalamazoo
Member since Dec 2007
25980 posts
Posted on 3/18/25 at 4:22 pm to
It's ok that you don't even understand what the issue actually is. It doesn't matter if you are mentally defective, uneducated or brainwashed. It's ok. It isn't personal to me.

However, I understand exactly what the issue is here.
Posted by Nosevens
Member since Apr 2019
14394 posts
Posted on 3/18/25 at 4:46 pm to
Existing deportation laws as you well know have potential consequences of low level judges from 50 states that have become democrats shills in lawfare. Trump knows that the act he’s undertaken has the best chance in both reducing the judicial activism’s as well as highlighting the facts for the masses that want criminal illegals gone. Questions arise about why does the TBoy’s of the nation want these people to stay? Are they good for the country in your eyes or just against anything Trump ?
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
55411 posts
Posted on 3/18/25 at 4:59 pm to
quote:

What is the difference between Tren de Aragua and ISIS, or the Houthis, or Al Queda or Hamas or Hezbollah?

The concept that only nations and governments can be enemy invaders is very outdated and irrelevant to the current global reality.


Thus the question I put forth to SFP. I'm not trying to go for a "gotcha" with him on this, I think it's a legitimate point and one SCOTUS will need to consider sooner or later as technology allows more and more people and groups to access the entire world (whether in person, remotely or just the repetition of their rhetoric).

quote:

Trump has declared them as a terrorist group, along with other cartels and gangs. I don't believe this label can be challenged by the court, as it is a subjective declaration within the national security powers.


I don't disagree, I think this is all precedent-setting. It may be that a change is needed to declare that FTOs are to be considered the same as a foreign nation.
Posted by JimEverett
Member since May 2020
1318 posts
Posted on 3/18/25 at 5:03 pm to
So a district court has no jurisdiction on a due process claim arising from 5he Executive's use of the AEA?

That is definitely within Congress' power.

So, if you want a case to be heard, got to go to SCOTUS.
Posted by Azkiger
Member since Nov 2016
25165 posts
Posted on 3/18/25 at 5:08 pm to
quote:

It's not a constitutional issue at this point


But yesterday I thought it was.
Posted by DefCon1
Member since Dec 2017
769 posts
Posted on 3/18/25 at 5:19 pm to
We need to send the Chinaman/or whatever judge to the prison in San Salvador.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 6:14 pm to
quote:

I agree, but this brings us to the point of defining a "foreign nation or government". What is our government's definition of a "foreign nation or government" and how is a transnational organization like TdA different from that definition?

Don't get me wrong, I think it's a very slippery slope in designating groups as foreign nations or governments, but this scenario pretty much demands either a fundamental and concrete difference be named or the concession that, at least, there is some grey area which can include an organization like TdA.


I don't know why it's so important for them. Just deport them in the normal process.

The secondary issue (which I would love some edification on from actual experts) is how we are sending 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 6:15 pm to
quote:

What is the difference between Tren de Aragua and ISIS, or the Houthis, or Al Queda or Hamas or Hezbollah?

Actually engaging in terrorism.

quote:

The concept that only nations and governments can be enemy invaders is very outdated and irrelevant to the current global reality.

Then we need a new law. I don't want that law, but we need it for this sort of behavior.

quote:

Trump has declared them as a terrorist group, along with other cartels and gangs. I don't believe this label can be challenged by the court, as it is a subjective declaration within the national security powers.

So he can declare you a terrorist and detain you and you get no recourse?
Posted by Decatur
Member since Mar 2007
30254 posts
Posted on 3/18/25 at 6:16 pm to
quote:

The secondary issue (which I would love some edification on from actual experts) is how we are sending them to a foreign jail.


I think the actual experts would like to know how.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 6:17 pm to
quote:

Alien


If the executive cannot be checked or challenged, if you are taken in the middle of the night and put on a plane, what is your recourse, exactly?

You can't argue that they made a mistake and you're a citizen, because that determination, per the argument, is exclusive to the Executive and cannot be reviewed by the judiciary. And if anyone were to try, the Executive could claim "national security" to stonewall any inquiry, investigation, or litigation.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 6:20 pm to
quote:

But yesterday I thought it was.


For those that don't click the link, this is the post he's linking

quote:

No. I support the Constitution and its limitations on government action and following the rule of law.


The constitution sorts out the various powers of government.

The part of the quote of my post ITT you dishonestly left off:

quote:

The president is limited to declaring people terrorists pursuant to the laws granting him this power. It's not a constitutional issue at this point, it's a statutory issue. And that subjective evaluation is exactly what the Court's role is and evaluating the president's application of congressional authority given to him.


So, the "Constitution" and the "limitations on government" are covered in that post. The limits on the Executive via statutory authority and the limits on the Executive checked by judicial review of its actions.

Summary:

Posted by moneyg
Member since Jun 2006
59289 posts
Posted on 3/18/25 at 6:38 pm to
quote:

You can't argue that they made a mistake and you're a citizen, because that determination, per the argument, is exclusive to the Executive


That’s not the argument.

It’s a straw man you created.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
450289 posts
Posted on 3/18/25 at 6:40 pm to
quote:

That’s not the argument.

It’s a straw man you created.

No. I did not claim these determinations were "not subject to judicial review", to directly quote one poster (quoting Stephen Miller)

I'm pointing out how that stance is patently insane.

*ETA: another direct quote

quote:

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.
This post was edited on 3/18/25 at 6:43 pm
Posted by moneyg
Member since Jun 2006
59289 posts
Posted on 3/18/25 at 6:50 pm to
quote:

No. I did not claim these determinations were "not subject to judicial review", to directly quote one poster (quoting Stephen Miller)


Stephen Miller didn’t say the determination of citizenship is not subject to judicial review.

You are trying to stand up that straw man because you can’t argue otherwise.
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