Analysis after the Supreme Court overrules Judge Boasberg and sides with Attorney General Bondi
The United States Supreme Court has vacated an unconstitutional order from trial court judge James Boasberg barring the President of the United States and the Executive Branch from using the Alien Enemies Act (1798) to deport violent aliens, specifically, criminal gang members from Venezuela. The latest example of gaslighting by our press, reports almost universally described this act as being a "war time" act which, as we shall see, does not comport with the actual language of the Act. The inference is that you are wrong if you support utilization of this Act because we are not currently at "war:" the gaslighting "tell" if that these supposed news stories do not quote any of the language of the Act and most likely no reporter or editor involved in the reporting has even skimmed the Act itself.
Briefly, the Supreme Court held it was not proper to Judge-shop and file a challenge to the use of the Alien Enemies Act in the District Court of the District of Columbia. As our prior posts discussed, a sole trial court judge in Federal Court issued a ruling attempting to direct how the executive branch conducted its core business, going so far as to order the direction of planes operated by the Executive Branch. This was Judge Boasberg, who formerly served on the FISA Court which approved the FBI's secret spying upon this same President of the United States based upon affidavits filed under the supervision of now disgraced former FBI Director James Comey. (Indeed, even Comey himself has admitted this entire process involved major errors.) These FISA warrants were, in turn, based on a Russia collusion hoax created by, inter alia, the law firm Perkins Coie. Perkins Coie worked on behalf of Hillary Clinton's Presidential Campaign and paid the research firm Fusion GPS for the infamous "Steele Dossier" manufactured to show that the President was actually an agent of the Russian government. This hoax and the subsequent Special Counsel investigation of the President were a key part of the "lawfare" campaign designed to stop the American public from electing and re-electing the President. There is little doubt the case was filed in the DC court so it would be heard by judges of the same predispositions as Judge Boasberg.
The Supreme Court, as noted, put an end to this attempt at judge-shopping by ruling the case should instead have been filed in the District where the inmates were held such as, for example, in Texas. The headlines stress the Act as a "wartime" act and ignore the fact the Act applies to both declared wars and where these has been a foreign "incursion." The text below is from the code found House.gov and key portions are highlighted for emphasis:
CHAPTER 3—ALIEN ENEMIES
§21. Restraint, regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
As to jurisdiction, the Act provides that aliens residing in the United States are entitled to a hearing before deportation and the judiciary may order (or not order) their removal "from the United States," thus limiting this jurisdiction to those aliens within the United States:
§23. Jurisdiction of United States courts and judges
After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.
The Act also provides such aliens may in fact have time to settle their affairs before deportation, but only if they have not been involved in an actual "hostility" or "crime:"
§22. Time allowed to settle affairs and depart
When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
The Act further provides a United States Marshall may apprehend the aliens:
§24. Duties of marshals
When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.
So now that we have quoted each and every word of the Act, you know far more than any of the journalists of commentators in corporate media and may judge for yourself whether their characterization of the Act is biased or not.
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