District Court Trial Judge Believes He Has the Same Authority as the President of the United States
In a recent post we discussed insidious attempts by the Federal Judiciary to act beyond their jurisdiction and to order the Executive Branch to undertake, or not undertake, very specific actions which are within the core powers of the President of the United States and the departments and agencies which "execute" his authority. Our prior post is here, which predicted the Supreme Court of the United States will need to rein in these trial courts:
While this executive authority is often derived from specific statutes, it is ultimately derived from Article II of the United States Constitution, as our prior article discussed. On the other hand the Judiciary's power is derived from Article III and does not include supervision of the day to day activities of the Executive Branch, or vice versa.
This past week this trend continued with a stunning development. One of
these unelected trial-court judges, meaning he is but one of the
hundreds of United States District Court Judges, attempted to order the
Executive Branch about, and, in particular, a Federal plane, to alter a
flight mid-course on its way to take Venezuelan gang members to El
Salvador. The ACLU sued to block the deportation of these violent thugs from Tren De Aragua, this deportation taking place under a 1798 law permitting the President of the United States to deport such aliens. (See https://www.dailymail.co.uk/news/article-14507571/trump-deportation-flights-el-salvador-terrorists.html.)
The ACLU sought and received an order that the deportation, already in progress, stop and, indeed, that a plane be turned around, mid-flight. As the Court had no legal authority whatsoever to direct the mode, speed, or direction of such a flight and the aircraft had left United States airspace, the President of the United States (who, unlike a trial court judge, does have the authority to direct the path of the aircraft) did not order the aircraft to change course.
However, the trial judge does not see his obvious overreach and has demanded to know why his order to change the path and destination of the aircraft was not immediately complied-with while the plane was in mid-air. (See https://www.cbsnews.com/news/trump-administration-ignored-order-gang-removal-flights/ .) Dictators, it seems, do not take kindly to non-compliance.
We understand these trial court judges believe their power to issue "nation-wide" injunctions is unlimited and, it is rather apparent, are determined to do whatever it takes to frustrate the will of the American people was evidenced by the law election. But this latest order is beyond extra-jurisdictional and, in fact, is dangerous: if a trial court judge may issue orders that include directions to pilots as to how to proceed, there really is no limit upon judicial "supervision" of any and all functions of the Executive Branch.
Indeed, in doing a search on Bing.com about this incident, the AI-generated summary stated:
The aircraft that sent Tren de Aragua members to El Salvador was operated by the U.S. federal judge1. The flight carried 238 alleged members of the Venezuelan prison gang Tren de Aragua, along with 23 people affiliated with MS-1323. U.S. Secretary of State Marco Rubio also confirmed that over 250 members of Tren de Aragua were sent to El Salvador4.
While this is obviously not true, it is interesting that it was generated at all. Perhaps the fact the District Court judge believes he has the authority to direct Federal aircraft would logically lead to the conclusion the Judiciary, and not the Executive Branch, "operated" the plane.
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