The fight between the executive and judicial branches escalates

Good day all. Almost within days of President Trump taking office, Activist Democrat judges have been usurping powers to block President Trump from his goals. One of the worst of these corrupt judges is James Boasberg. He has decided that he is in charge and not the President of the United States.


Boasberg has been basically trying to legalize the millions of illegal aliens by judicial fiat. This is on top of a whole host of other questionable rulings going back several years. There is a bill of impeachment in the House, but, sadly, that won’t go anywhere for a number of reasons. Now it looks like the next step in the escalation between Boasberg and the executive branch is about to occur. Here are the details from Fox News:

The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.

The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.

The issue has been what are known as COB judges. These are judges of questionable intelligence who were appointed by Bill Clinton, Barack Obama and Joe Biden. In general, these judges have a very high opinion of themselves and believe that the Judicial Branch is the superior branch. Part of this is due to how difficult it is to punish out of control judges. About the only way is to impeach and remove them and that almost never happens.

It’s a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration’s crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them. 

Boasberg is an Obama judge and flat out hates President Trump and anyone who supports President Trump. He has been so blatant in this that at one point, he literally ordered a plane loaded with illegals being deported to be turned around and sent back. He’s also ordered illegals who have been deported to be returned to the United States. Currently, there is a bill of impeachment that has been filed in the House of Representatives. Even though it’s picking up cosponsors, the Senate will never convict that black robed judicial tyrant.

A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts. 

More than a few people in this country have just about had it with these activist judges. Judges are human, (Except Liberal judges of course. They are generally warm piles of manure), and they do make mistakes. That is why we have the appeals process. However, when judges routinely and repeatedly keep making the same judgments, even when told not to by the Supreme Court, then there is definitely a problem that the Founders didn’t consider.

In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could “facilitate” due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.

Ahh yes, Operation Yoink. With the removal of Maduro, the situation on the ground in Venezuela has significantly changed. Maduro was one of the reasons that Venezuelans were illegally coming into the United States. With him gone, and if the current government takes the hint, there is a fair chance that Venezuela could repair it’s institutions and economy and regain it’s role as one of the economic powers of South America.

Of course, it’s not those illegals that the United States has been concentrating Immigration and Customs Enforcement resources on, It’s the Venezuelan criminal/terrorist organization, Tren de Aragua, (TdA). These are some of the most violent criminals that the Biden Maladministration allowed into the United States. There is also reports that they were acting as a “Private” army for Nicolas Maduro. These are the animals that Boasberg wants back in the United States.

The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm “critical” foreign policy negotiations with Venezuela and carry “profound” national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)

The “Question” regarding their status of being part of a gang has been brought up by Progressives, Liberals, Democrats, Communists and their lapdogs at the New York Slimes. In any case, it’s a moot point since they were also in the United States illegally. In any case, there is no doubt on many of these thugs. Without question, if they were brought back, Boasberg or some other treasonous judge would order their immediate release into the United States.

The deportations, carried out under the Alien Enemies Act despite an emergency court order from Judge Boasberg, prompted an eleven-month legal battle that reached the Supreme Court in April and months of fights in the lower courts, including a subsequent order from Boasberg in December for the government to “facilitate” due process for the deported migrants.

The Supreme Court said then that individuals removed under the Alien Enemies Act must have the ability to contest their removal and have a meaningful opportunity and notice to do so before they are removed.

I don’t recall that ruling, however the Supreme Court was wrong. It does appear that they are interpreting 8 U.S. Code § 1325 – Improper entry by alien. However, and understand that I am not a lawyer, it looks like that statute refers to criminally charging and trying them for the crime of illegal entry. That can cause loss of freedom, (Jail), or fines and would be covered under due process. What is happening is just removing these people from the United States. No criminal charges and other then holding them until we can kick them out, no imprisonment.

Boasberg has spent the months since attempting to determine the status of the hundreds of CECOT plaintiffs and what ability the U.S. has to facilitate their return or to provide the class of migrants with due process and habeas protections, including the ability to challenge their alleged gang status.

Their status? Simple meathead. They aren’t in the United States any longer and are not subject to American authority. Period. Full Stop.

His December order required the Trump administration to submit to the court in writing its plans to provide due process to the class of migrants deported to El Salvador. Boasberg said the administration could do this by either returning the migrants to the U.S. to have their cases heard in person or facilitate hearings abroad with members of the class that “satisfy the requirements of due process.”

And that is an illegal order. They have been removed from the United States. They are not United States citizens. They have no rights since they are not in the United States and since they were in the United States illegally in the first place, extremely limited rights while here. Basically, they have the same rights as anyone caught trespassing on private property. Basically none and they can be ordered removed by the property owner which is then handled by the police. (Or the owner if needed and no police are available)

Regardless of how Boasberg rules, the new filing made clear that the Trump administration views the fight as far from over.

“If, over defendants’ vehement legal and practical objections, the Court issues an injunction, defendants intend to immediately appeal, and will seek a stay pending appeal from this Court (and, if necessary, from the D.C. Circuit),” the Justice Department said. 

I think we are past the point of appeals. This is an ongoing issue with this corrupt, tyrannical thug in a judicial robe. Now he is trying to bring in known terrorists. I think it’s time to start the process to take his actions to a Grand Jury and seek an indictment. We can start with insurrection, move on to Seditious Conspiracy and for the cherry on top, throw in aiding and abetting terrorism. As for his orders? He’s demonstrated that he’s not just biased, he is prejudging the cases. That, in judicial circles, is known as a “Bozo No no!” It’s time for President Trump to simply tell Boasberg to “Cram it Clown.”

Thatisall

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