Open in TheBrain

Rule of Law Concept bak

ODD MAIN NOT IN SEARCH?

oops 2x

7 24 belated? disambig?

see co-opt of term // law and order

see fascism

see court stack

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an 4 25

Backing up the Trump administration, the President of El Salvador, Nayib Bukele, says he has no intention or ability to return an unlawfully removed Maryland legal resident, Kilmar Abrego García, to the United States. Abrego García was wrongly deported to a notorious maximum security “mega-prison” for terrorists in El Salvador.

“How can I return him to the United States?” President Bukele said to reporters on Monday, during a meeting with President Donald Trump and his top officials in the Oval Office, as reported by The Washington Post. “I smuggle him into the United States? Of course I’m not going to do it.”

Last week, the U.S. Supreme Court in an apparent unanimous opinion ordered the Trump administration to “facilitate” the return of Abrego García to the United States.

Minutes before President Bukele’s remarks, White House Deputy Chief of Staff for Policy Stephen Miller, on-camera in the Oval Office, delivered what is being called an “outrageous misinterpretation” of the Supreme Court’s opinion, which was quickly condemned.

READ MORE: Trump Rages Against Critics, All But Silent on Alleged Terror Attack on Dem Governor

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“I promise you, if he was your neighbor, you would move right away,” Miller, who was the architect of the first Trump administration’s child separation policy, told reporters.

“What was the ruling in the Supreme Court, Steve, was it nine to nothing?” President Trump interjected.

“Yes, it was a 9-0, in our favor,” Miller wrongly claimed. “against the district court ruling, saying that no district court has the power to compel the foreign policy function of the United States.”

“As Pam said,” Miller continued, referring to Attorney General Pam Bondi, “the ruling solely stated that if this individual—at El Salvador’s sole discretion—was sent back to our country, that we could deport him a second time.”

“No version of this legally ends up with him ever living here, because he is a citizen of El Salvador,” Miller claimed, before pointing reporters to Bukele.

“That is the president of El Salvador. Your questions about it per the court can only be directed to him,” said Miller.

Attorney Michael Kasdan responded to Miller’s remarks: “We have reached the point where the White House openly lies on television about what a unanimous Supreme Court ruling against them says. The stuff of dystopian novels.”

“This is a blatant lie. The Supreme Court ruled 9-0 AGAINST Trump,” wrote the progressive nonprofit People For the American Way.

READ MORE: ‘Apocalyptic’: Trump Plan Would Be ‘Science Demolition Derby’ Experts Warn

“This is deeply Orwellian. The Court ruled against the Trump administration 9-0,” observed the MeidasTouch Network.

Conservative legal activist and political commentator Ed Whelan, who clerked for U.S. Supreme Court Justice Antonin Scalia, weighed in.

“Outrageous misrepresentation of Supreme Court ruling,” Whelan declared, serving up a somewhat technical legal analysis. “The unanimous Court ruled that the district-court order ‘properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.’ Yes, the Court also stated that the “intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” and it told the district court to ‘clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.’ But: (1) ‘due regard’ doesn’t mean that the district court couldn’t give any teeth to ‘effectuate’; (2) in any event, the district court dropped ‘effectuate’ from its revised order, so this is all irrelevant. Duty to ‘facilitate’ continues.”

Commenting on the video, immigration attorney Allen Orr Jr. Esq. wrote: “When you tell yourself the story you want to believe even when it is fiction.”

Watch the video below or at this link.

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like fucking herpes

an 4 25

Former Blackwater CEO Erik Prince and defense contractors are aiming to cash in on deportations to a Central American prison/holding facility.

Prince — the brother of President Donald Trump's former education secretary, Betsy DeVos — hopes his proposal can skirt U.S. immigration laws by designating a section of a sprawling El Salvadoran prison as American territory, Politico reported. Proposed new language claiming “transferring a prisoner to such a facility would not be an Extradition nor a Deportation” raises the specter of deporting U.S. citizens to offsite facilities because "deportation" may only qualify as a "transfer." Politico's Dasha Burns and Myah Ward noted that Prince's proposal "could be a precursor to deporting U.S. citizens" even though the facility is initially only for holding undocumented immigrants.

Trump has already floated plans to deport U.S. citizens.

READ MORE: 'Could be the last one standing': Trump aims to 'illegally remove' head of bipartisan board

The facility, which has already drawn accusations of violence and overcrowding from human rights groups, could receive thousands more immigrants from facilities in the U.S. There is no word on how accessible the expanded Central American prison would be to immigrant defense attorneys and affected families, however.

It is unclear how seriously the White House is considering Prince’s plan.

A shooting incident in Nisour Square left 17 Iraqi citizens dead, allegedly at the hands of four Blackwater guards, nearly two decades ago. Intense government investigations, scrutiny, private security reform and criminal charges ensued. In 2014, an American jury found the Blackwater guards guilty of various criminal charges, from murder to weapons offenses.

Trump pardoned Blackwater contractors jailed for the massacre in 2020.

READ MORE: Outrage as video of Trump bragging about enriching his billionaire pals emerges

The facility is pitched as a holding pen for “criminal illegal aliens,” but the administration has made it clear that the only criminality necessary for arrest and deportation to an offsite prison is being on U.S. soil.

“[B]ecause they illegally broke our nation’s laws, and, therefore, they are criminals, as far as this administration goes,” said Trump Press Secretary Karoline Leavitt in January.

Most immigrants swept up within the last two months do not have criminal records in the United States.

Read the full POLITICO article at this link.

READ MORE: 'Punched the bully in the face': How some Republicans found courage to take on Trump

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an 4 25

MAGA media outlets like Newsmax TV, One America News (OAN) and Breitbart News are full of relentless cheerleading for President Donald Trump's second term. On those outlets, Trump is often praised for, MAGA pundits claim, getting a lot done at breakneck speed.

But Trump's policies are by no means universally loved on the right. Liberal-leaning MSNBC features plenty of Never Trump conservatives, The Bulwark is a bastion of right-wing Trump-bashing, and The Lincoln Project continues to crank out anti-Trump videos.

The conservative website The Dispatch offers in-depth analysis of Trump's second term in an editorial published on April 10, attacking Trump on everything from the economy to foreign policy.

READ MORE: GOP’s defense of 'Dear Leader' Trump’s 'idiocy' resembles famous suicide cult: analysis

"Donald Trump has literally made America — and Americans — poorer, bringing the United States to the brink of a recession in recent weeks by threatening to unilaterally impose one of the most regressive tax hikes in U.S. history," The Dispatch laments. "He's momentarily been talked into standing down, but an economic environment in which the whims of one famously mercurial man can upend the international trade system and wipe out trillions of dollars in stock market value is not one conducive to sustained growth."

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The Dispatch continues, "For the next 90 days — and really, for the remainder of Trump's term — decision-makers at businesses across the country and the world will be forced to speculate: Are the president's tariffs merely a negotiating tool, or an effort to fundamentally remake the global economy? Even key White House officials seem not to know."

The Dispatch stresses, however, that the "financial volatility of recent days is just one symptom of a broader, more deliberate descent."

"Decline doesn't solely mean impoverishment; it means degeneration, to sink backward and down," The Dispatch argues. "And that is what the United States' current leadership class is choosing for this country by willfully dismantling the free-market system, abandoning America's role as a global leader, and degrading the separation of powers and rule of law."

READ MORE:Donald Trump has an addiction: WSJ

The Dispatch adds, "Even worse, it is doing so based on a suite of false assumptions: that Americans are weak, unable to compete in an open market, and incapable of responding to any incentives or exhortations more high-minded than rank self-interest or partisan contempt."

The editorial, headlined "Slouching Towards Tyranny," also lambasts Trump for failing to respect "the rule of law."

"Nowhere is the evidence of the new right's willful decline more obvious than in its rejection of fidelity to the rule of law and the Constitution," The Dispatch warns. "As the Trump Administration ignores due process, encroaches upon press freedom, and subverts the independence of the judiciary — all central pillars of self-government — top executive branch officials and Republican members of Congress turn a blind eye, or cheer it on."

READ MORE:'Compete mess': Trump slammed as Wall St. CEO says policies will 'probably' cause recession

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an 4 25

A federal court judge on Sunday declared the Trump administration's refusal to return a man they sent to an El Salvadoran prison in "error" as "totally lawless" behavior and ordered the Department of Homeland Security to repatriate the man, Kilmar Armando Abrego Garcia, within 24 hours.

In a 22-page ruling, U.S. District Judge Paula Xinis doubled down on an order issued Friday, which Department of Justice lawyers representing the administration said was an affront to his executive authority.

"This was an illegal act," Xinis said of DHS Secretary Krisi Noem's attack on Abrego Garcia's rights, including his deportation and imprisonment.

"Defendants seized Abrego Garcia without any lawful authority; held him in three separate domestic detention centers without legal basis; failed to present him to any immigration judge or officer; and forcibly transported him to El Salvador in direct contravention of [immigration law]," the decision states.

Once imprisoned in El Salvador, the order continues, "U.S. officials secured his detention in a facility that, by design, deprives its detainees of adequate food, water, and shelter, fosters routine violence; and places him with his persecutors."

Trump's DOJ appealed Friday's order to 4th Circuit Court of Appeals, based in Virginia, but that court has not yet ruled on the request to stay the order from Xinis, which says Abrego Garcia should be returned to the United States no later than Monday.

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AHA DOH MODERATION BUFFER

MUSK IS IRON MAN DIRTY HARRY MEL GIBSON LETHAL WEAPON ROGUE COP NOT BY THE BOOK BUT GETS RESULTS/JUSTICE EFFECTIVE VIA FORCE?

AN 2 25

According to the Washington Post, as many as 200,000 federal workers may be fired because of efforts by the Trump Administration and the Elon Musk-led Department of Government Efficiency (DOGE) to greatly downsize the United States' federal government. And the criticism of their efforts is coming not only from Democrats, but also, from voices on the right.

Former Rep. Charlie Dent (R-Pennsylvania), during a February 17 appearance on MSNBC, slammed Trump and DOGE for carrying out mass government layoffs in a "haphazard" way. And the next morning, MSNBC's Joe Scarborough (a Never Trump conservative and ex-GOP congressman) argued that while government "waste" needs to be reduced and the U.S. needs to balance its federal budget, the Trump Administration and DOGE are recklessly jeopardizing "food safety" and "air safety."

The Guardian's George Monbiot also fears that Trump's second term could trigger some type of major crisis.

READ MORE:George Conway: Trump’s 'pathological narcissism' is fueling 'full-scale' DOJ 'revolt'

In a February 18 opinion column, Monbiot lays out a variety of frightening scenarios and offers some tips for surviving a worst-case scenario.

"Though we might find it hard to imagine," Monbiot warns, "we cannot now rule it out: the possibility of systemic collapse in the United States. The degradation of federal government by Donald Trump and Elon Musk could trigger a series of converging and compounding crises, leading to social, financial and industrial failure…. A financial crisis in the U.S. would immediately become a global crisis."

Monbiot continues, "But the hazards extend much further. Musk, calling for a 'wholesale removal of regulations,' sends his child soldiers to attack government departments stabilizing the entire U.S. system. Regulations, though endlessly maligned by corporate and oligarchic propaganda, are all that protect us from multiple disasters. In its initial impacts, deregulation is class war, hitting the poorest and the middle classes at the behest of the rich. As the effects proliferate, it becomes an assault on everyone's wellbeing."

The columnist warns that undermining regulatory government agencies could make everything from a pandemic to "future climate disasters" worse.

READ MORE:'Brutal': Ex-federal prosecutor reveals why Trump DOJ’s 'illegal order' was 'so corrupt'

"As Trump rips down environmental protections and trashes federal responsiveness," Monbiot explains, "the impacts will spiral. They could include non-linear shocks to either the insurance sector or homeowners, escalating into U.S.-wide economic and social crisis. If, or when, another pandemic strikes, which could involve a pathogen more transmissible and even more deadly than COVID-19 — which has so far killed 1.2 million people in the U.S. — it will hit a nation whose defenses have been stood down."

Monbiot urges Americans — as well as residents of the U.K., where The Guardian is published — by doing a lot of networking.

"So, though there is no substitute for effective government, we must seek to create our own backup systems," the Guardian columnist advises. "Start with this principle: don't face your fears alone. Make friends, meet your neighbors, set up support networks, help those who are struggling. Since the dawn of humankind, those with robust social networks have been more resilient than those without. Yes, we also — and urgently — need national and global action, brokered by governments. But it's beginning to look as if no one has our backs. Prepare for the worst."

READ MORE:John Roberts is to blame for Trump challenge of federal courts: analysis

*George Monbiot's full Guardian column is available at this link.


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an 2 25

During a confirmation hearing for nominees chosen for high-profile posts within the Department of Justice, two of President Donald Trump's appointees wouldn't rule out disobeying federal court orders.

NBC News reported Wednesday that both Aaron Reitz and Dean John Sauer (who have been nominated as assistant attorney general and solicitor general, respectively) suggested to senators that they may ignore a ruling from a federal judge that they disagree with. While neither Reitz — who is chief of staff to Sen. Ted Cruz (R-Texas) — or Sauer outright said they would ignore a ruling, both gave cagey answers and notably didn't once definitively say that they would always abide by judges' decisions.

Sauer in particular hinted that he could disregard future orders, in citing two maligned Supreme Court cases: *Korematsu v. United States* and *Dred Scott v. Sandford*. In the Korematsu decision handed down in 1944, the Supreme Court ruled that the government had the right to detain Japanese Americans in remote prison camps. In the 1857 Dred Scott case, the Court ruled that slaves did not have the same protections as citizens and lacked standing to sue in court. Both decisions have been widely regarded as some of the worst in the Supreme Court's history.

READ MORE:**'Fake news': Law professor schools JD Vance after he suggests Trump ignore federal judges**

"I just wonder whether some historians might think we’d be better off if it [Korematsu] hadn’t been followed," Sauer told Senate Judiciary Committee ranking member Dick Durbin (D-Ill.) during the hearing.

While Democrats and Republicans on the committee were typically divided in their support of Trump's nominees, Sen. John Neely Kennedy (R-La.) agreed with Democrats who were concerned about the possibility of DOJ officials disregarding the federal judiciary. NBC reported that Kennedy took a veiled jab at former President Joe Biden's administration in his warning to Reitz and Sauer that they shouldn't entertain the idea of disobeying federal judges. He noted that the federal bench relies on its "legitimacy" as it doesn't have an "army" at the ready to enforce its orders.

“Don’t ever, ever take the position that you’re not going to follow the order of a federal court. Ever. Now, you can disagree with it. Within the bounds of legal ethics you can criticize it. You can appeal it, or you can resign,” Kennedy said. “For four years, I have watched people in this town — not all, not, not everybody — but many try to undermine the legitimacy of the federal judiciary and it triggered each and every time my gag reflex."

Earlier this month, Vice President JD Vance opined that the Trump administration was being unfairly treated by federal judges striking down some of his executive actions, like his order attempting to repeal birthright citizenship (which is guaranteed by the Constitution) and his order freezing federal funds already appropriated by Congress from being disbursed. But the administration appears to already be flouting the latter order, as some nonprofits have said they still can't access federal grant money that had already been approved.

READ MORE:**'First of many': Internet erupts after judge blocks Trump's 'blatantly unconstitutional' order**

Click here to read NBC's report in full.

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mma

  1. ### Megyn Kelly: “The Trump administration is not going to have a choice” but to ignore the courts

02/13/25

  1. ### Megyn Kelly calls Obama-appointed federal judges “absolute idiots” who were hired because of their “DEI profile”

02/13/25

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sparked by

an raw 7 24

former President Donald Trump's allies are working to reshape American law into a weapon to be used against their political enemies, wrote Jesse Wegman in a scathing editorial for The New York Times.

Trump's pick of Sen. J.D. Vance (R-OH) underscores this, he wrote, because Vance embodies the far-right's commitment to a key goal of the controversial Project 2025 plan to transform the government into an authoritarian loyalty cult to the GOP.

Vance, wrote Wegman, "predicted ... that the former president, who had been recently disgraced by his insurrectionary attempt to overturn the 2020 election, would nevertheless run again in 2024. Should Mr. Trump win, Mr. Vance said, he had some advice: 'Fire every single midlevel bureaucrat, every civil servant in the administrative state, replace them with our people.' And if the courts ruled against him? No problem, Mr. Vance said: Just blow them off."

This is already happening, wrote Wegman — and another of Trump's appointees, District Judge Aileen Cannon, is showing how it will work in her move to dismiss the Mar-a-Lago classified documents case, which special counsel Jack Smith is already moving to appeal.

In her decision, Cannon concluded Smith, "Was not validly appointed to his post because no federal law authorizes the appointment of someone from outside the Justice Department to perform that task," wrote Wegman, noting she based this entirely on a non-majority concurrence from Justice Clarence Thomas in the case granting Trump a presumption of immunity in a separate case.

ALSO READ:'Keep lying': Late night Trump rant about Harris quickly turns against him

"As a matter of law and fact, this is not merely wrong, it is flagrantly, embarrassingly wrong ... It is not a close or complicated legal question" — indeed, the Supreme Court ruled the law allows this in 1974, and Cannon pretends they didn't.

These sorts of machinations by Vance and Cannon are exactly what to expect the whole government to become should Trump get his way, Wegman concluded ominously.

"This is what a second Trump term would look like," he wrote. "Ambitious judges who may not have been Trump loyalists at first will watch what’s been happening in recent days and get the message about what it takes to advance their careers. In this way, Judge Cannon embodies the future that Mr. Vance described in 2021. She is part of a legal elite raised on Trumpism that will use their perches in the judiciary and legal world to enforce a one-sided version of law that is about power and outcomes over any liberal principle."

In other words, he said, this is a reality where "the rule of law is for suckers or, worse, only for specific people. Our people."

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