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Where did you get your law degree?When the President is exercising his Article 2 powers to defend the country against an invasion or to repel a foreign terrorist that is unlawfully in the country, he’s exercising his core Article 2 powers as Commander-in-Chief.
Where did you get your law degree ?Where were these district judges at, stopping these individuals from entering the country?
Trump UniversityWhere did you get your law degree ?
Okay, so I've had a chance to look at this more closely. Apparently the judges written orders only referenced planes that had not taken off, not planes in the air And the Trump administration specifically said that they are not disobeying orders, they are following the written orders.Under normal situations, I'd agree that it's not a foreign policy issue, but they've "made" is a foreign policy issue, at least for some, according to Marco Rubio:
“has reasonable ground to believe that your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States”.
Judicial oral orders from the bench are also supposed to be followed.Okay, so I've had a chance to look at this more closely. Apparently the judges written orders only referenced planes that had not taken off, not planes in the air And the Trump administration specifically said that they are not disobeying orders, they are following the written orders.
If that is true, this is much ado about nothing.
I have seen this happen as an attorney (granted at lower levels in State court). It tends not to go well for the party following only the written order, particularly when there is a written transcript of the order given from the bench.Judicial oral orders from the bench are also supposed to be followed.
When that party is the executive branch, it has a little more leverage in defying the court's order. Not a strategy I would recommend for a normal litigant.I have seen this happen as an attorney (granted at lower levels in State court). It tends not to go well for the party following only the written order, particularly when there is a written transcript of the order given from the bench.
That's why they are invoking the 1798 Law. They say it confers on the executive the authority to remove the gang members because Trump declared the gang to be invading.Wait, ICE says that many of the guys sent to El Salvador had no criminal record? What sort of “vetting” permits the government to arrest and deport anyone to a foreign prison?
ICE official (Trump appointed) filed a declaration in court admitting that the third plane left after the written order was released. They claim it wasn't contempt because it was only filled with migrants who had already received their due process rights. I very much doubt that distinction was significant in the order -- the whole point of the order was to preserve the status quo while the case was being analyzed.Okay, so I've had a chance to look at this more closely. Apparently the judges written orders only referenced planes that had not taken off, not planes in the air And the Trump administration specifically said that they are not disobeying orders, they are following the written orders.
If that is true, this is much ado about nothing.