4 ms·
I encourage you to read the government's appeal to the DC Circuit Court. It is terrifying. https://www.courtlistener.com/docket/69742127/01208720432/jg https://
by apical_dendrite 2y ago
I encourage you to read the government's appeal to the DC Circuit Court. It is terrifying. https://www.courtlistener.com/docket/69742127/01208720432/jg https://www.courtlistener.com/docket/69742127/01208720432/jg...
The government is saying that it can declare that transnational crime is an "invasion" under the Alien Enemies Act, and that the courts cannot review this decision. Therefore, they can arrest, deport, or transfer to a prison in a third country, any non-citizen and the courts have no power to intervene or review the decision.
Transnational crime will always exist, and it is present in many countries. So if you're a citizen of Italy and a lawful permanent resident of the US, they can arrest you, accuse you of being in the mafia, and send you to a prison in El Salvador, and you will have no legal recourse. I don't even think they would need that fig leaf since the courts would have no power to review their actions.
- readthenotes1 2y agoThat's the law. Perhaps we shouldn't give the president, or any one person, that much authority? (When was the last declared war in the USA??)
- apical_dendrite 2y agoThe law is pretty clearly about a literal invasion or military incursion, not a metaphorical "invasion". If the Alien Enemies Act was designed for transnational crime, then it would not be an emergency law - it could be invoked at any time for a whole host of countries.
- unsnap_biceps 2y agoThe law doesn't allow deporting to a different country to jail them, which is happening here. I'd be much less concerned if they were going back to Venezuela, however, they're going to a special prison in El Salvador that we pay for, but isn't under our legal system. I would also say that I was, am still are, totally against Gitmo, as that was illegal as well, but less illegal, as we ran the facility.