“…The statements of Trump administration officials elsewhere make it even harder to take their actions as anything other than attempting to defy judges. Salvadoran President Bukele
posteda screenshot of a
New York Post story about the judge’s order on X with the commentary, “Oopsie … Too late” and a laughing-crying emoji.
Chief Bureaucrat Elon Musk
replied with the same emoji, and Secretary of State Marco Rubio
shared Bukele’s post from his own account. “Border czar” Tom Homan appeared on Fox News this morning and
said, “We’re not stopping. I don’t care what the judges think. I don’t care what the left thinks. We’re coming.”
These actions should be terrifying no matter who is involved. The fact that Tren de Aragua is indeed a vicious gang doesn’t nullify the law—the administration’s claim that the U.S. is
contending with a wartime invasion is ridiculous on its face.
Even more important is whether the White House decided to snub a ruling by a federal judge. Nor do customs officials’ claims in
court filings that they found “sympathetic photos and videos” of Hezbollah leaders on Alawieh’s phone, or that she
told them she had attended the Hezbollah leader Hassan Nasrallah’s funeral, mean the law doesn’t apply. For all we know, her actions may well justify her deportation. (Of course, we have little way of assessing any of these allegations clearly, because the administration has sidestepped the usual judicial proceedings in both cases. A lawyer for Alawieh’s family hasn’t commented on the allegations.) What matters is that the executive branch acted despite a judge’s order.
This is what we might call the
Mahmoud Khalil test: No matter whether you think someone’s ideas or actions are deplorable, once the executive branch decides it doesn’t have to follow the law for one person, it has established that it doesn’t have to follow the law for anyone.
After Khalil was arrested, Trump
said that he was “the first arrest of many to come.” No one should have any illusion that the list will stop with alleged Tren de Aragua members. Throughout his career, Trump has tested boundaries and, if allowed to do so, pushed further. His actions at the start of this term show that he is more emboldened than ever, and traditionally institutionalist figures such as Rubio seem eager to abet him.
… When Trump speaks about law and order, he means it very narrowly. He believes in swift justice for his adversaries, with or without due process of the law; meanwhile, he believes his actions should not be constrained by law, the Constitution, or anything else that might cause him problems, and he has used pardons prolifically to excuse the actions of his friends and allies, whether Paul Manafort and Roger Stone or January 6 rioters. …”