superrific
Legend of ZZL
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1. One of the mysteries about the Trump administration's attempts to evade judicial review with dishonest stunts is: why blow all the political and legal capital on something that ultimately doesn't matter. They deported 137 people to El Salvador despite a judge's order and now there are contempt proceedings. Knowing that would happen, they tried to eviscerate the Supreme Court's order in Texas by giving 12 hours notice before deportation and calling it reasonable. They invited contempt proceedings by violating the judge's order and deporting twelve people to South Sudan. WHY?
Can animus alone really explain this? After all, there are three possible outcomes: first, the government could win on the merits and be allowed to deport legally; second, the government could lose on the merits and be prevented from deporting; or third, the administration could trick the courts into believing they were complying when they were not. The first two options are the real contest: if the government wins, it will be able to deport hundreds of thousands of people; if it loses, it will be unable to do so. The third possibility is impossible to maintain over any significant length of time. At best, you can pull the wool over the judges' eyes for a week maybe. During that time, how many people can be deported? 1K? 2K? 3K? Certainly a lot less than the 3 million they want to deport or whatever the current target is.
So to deport a tiny, tiny fraction of the purported bad guys, they are jeopardizing their ability to win on the merits because the judges are extremely disinclined to rule in the government's favor. They are not giving the administration any presumption of good faith or regularity, because the administration has amply forfeited that presumption. The government's proposed facts are essentially being rubbished because they are lies.
Moreover, the lawyers themselves are putting themselves at risk of sanctions or possible discipline. Some of the smart ones have resigned (and probably have job opportunities as a result); but some have stayed and are making a career of lying to judges' faces. This does not bode well, in my view, for their future success in the profession. Now maybe they are anti-immigrant fanatics, but again -- why risk all that for an insignificant number of deportations. I mean, nobody actually believes the US is safer because Kilmar Garcia is in El Salvador and Christian in Mexico.
2. It reminds me of one of the mysteries of the Holocaust -- specifically, why did the Holocaust proceed during a two-front war. I know scholars have grappled with this question extensively, and plenty of theories have been put forward. Without casting doubt on any of that work (and I'm familiar with only a small fraction of it, and I don't know enough to meaningfully assess), I think we can all agree that the expenditure of military assets on the killing of domestically housed civilians seems inadvisable when the military is getting its ass kicked on two fronts at once.
Indeed, the US and the UK bombed plenty of German railroad lines, but (in)famously not the ones leading to the death camps. Putting aside the moral question of the responsibility of the Allies toward the Jewish population, from a military perspective isn't the message clear? Please, Hitler, keep spending resources on things that hurt your ability to fight us. It was analogous to leaving Jackie Manuel wide open in the corner. Jackie, they want you to shoot! Don't.
3. I don't think I have to spell out the connection I'm drawing in any more express detail. Everyone here can get the point. My question continues to be: why. This isn't to say that I think the deportations are remotely as bad as the Holocaust (at least not yet), but the weird motivation seems common: self-destruction in the service of insignificant victories. Hitler was not going to get Lebensraum by killing Jews. That could be obtained only by winning the war. Same with exterminating Jews, as he apparently wanted to do. Winning the war was the only way to accomplish the goals and he made it harder on himself. I have no idea if Germany could have won the war without wasting assets that way (I suspect the diminishment of German military capacity was only marginally affected) but it surely did not help at all.
So I started with a question and now end on one. Any thoughts?
Can animus alone really explain this? After all, there are three possible outcomes: first, the government could win on the merits and be allowed to deport legally; second, the government could lose on the merits and be prevented from deporting; or third, the administration could trick the courts into believing they were complying when they were not. The first two options are the real contest: if the government wins, it will be able to deport hundreds of thousands of people; if it loses, it will be unable to do so. The third possibility is impossible to maintain over any significant length of time. At best, you can pull the wool over the judges' eyes for a week maybe. During that time, how many people can be deported? 1K? 2K? 3K? Certainly a lot less than the 3 million they want to deport or whatever the current target is.
So to deport a tiny, tiny fraction of the purported bad guys, they are jeopardizing their ability to win on the merits because the judges are extremely disinclined to rule in the government's favor. They are not giving the administration any presumption of good faith or regularity, because the administration has amply forfeited that presumption. The government's proposed facts are essentially being rubbished because they are lies.
Moreover, the lawyers themselves are putting themselves at risk of sanctions or possible discipline. Some of the smart ones have resigned (and probably have job opportunities as a result); but some have stayed and are making a career of lying to judges' faces. This does not bode well, in my view, for their future success in the profession. Now maybe they are anti-immigrant fanatics, but again -- why risk all that for an insignificant number of deportations. I mean, nobody actually believes the US is safer because Kilmar Garcia is in El Salvador and Christian in Mexico.
2. It reminds me of one of the mysteries of the Holocaust -- specifically, why did the Holocaust proceed during a two-front war. I know scholars have grappled with this question extensively, and plenty of theories have been put forward. Without casting doubt on any of that work (and I'm familiar with only a small fraction of it, and I don't know enough to meaningfully assess), I think we can all agree that the expenditure of military assets on the killing of domestically housed civilians seems inadvisable when the military is getting its ass kicked on two fronts at once.
Indeed, the US and the UK bombed plenty of German railroad lines, but (in)famously not the ones leading to the death camps. Putting aside the moral question of the responsibility of the Allies toward the Jewish population, from a military perspective isn't the message clear? Please, Hitler, keep spending resources on things that hurt your ability to fight us. It was analogous to leaving Jackie Manuel wide open in the corner. Jackie, they want you to shoot! Don't.
3. I don't think I have to spell out the connection I'm drawing in any more express detail. Everyone here can get the point. My question continues to be: why. This isn't to say that I think the deportations are remotely as bad as the Holocaust (at least not yet), but the weird motivation seems common: self-destruction in the service of insignificant victories. Hitler was not going to get Lebensraum by killing Jews. That could be obtained only by winning the war. Same with exterminating Jews, as he apparently wanted to do. Winning the war was the only way to accomplish the goals and he made it harder on himself. I have no idea if Germany could have won the war without wasting assets that way (I suspect the diminishment of German military capacity was only marginally affected) but it surely did not help at all.
So I started with a question and now end on one. Any thoughts?