The Week: Trump Takes on the Courts

• The JFK files confirm: It wasn’t us. We promise.

• Claiming authority to deport without judicial review Venezuelans tied to the vicious Tren de Aragua (TdA) international criminal syndicate, President Trump had approximately 250 aliens, most of them in custody on immigration and criminal charges, flown out of the U.S. Now El Salvador is holding them in a “mega-prison” designed for gangs and terrorists. Trump has cited the 1798 Alien Enemy Act, which generally applies only to aliens from a nation against whom the U.S. is in a “declared war.” It has been invoked three times, and never since the Second World War. After the ACLU filed an emergency habeas corpus petition, Chief Judge James Boasberg of the Washington, D.C., federal district court intervened, instructing the administration not to deport any alleged TdA members for 14 days and to turn around any deportation flights that were already in the air. Two flights had taken off before Boasberg’s order, and another departed a few minutes later. Prosecutors did not give the judge straight answers about the state of play, and the administration did not turn the flights around. After they landed, El Salvador’s president mocked the judge’s order (“Oops . . . Too late”) in a social-media post. The judge is now demanding an explanation under oath, the Department of Justice is stonewalling (under the cover of accusing Boasberg of usurping the president’s foreign-relations powers), and the mess appears headed to the Supreme Court—whose chief justice, John Roberts, reprimanded Trump for labeling Boasberg a “Radical Left Lunatic” who should be impeached. Trump has proven that he could gain control of the southern border on his own; he has not proven that it is wise, or permissible, to govern in contempt of the other branches.

About the Author

NR Editors

NR Editors includes members of the editorial staff of our magazine and website.

Featured Tags

Manage following

Donald Trump

John F. Kennedy

• The JFK files confirm: It wasn’t us. We promise.

• Claiming authority to deport without judicial review Venezuelans tied to the vicious Tren de Aragua (TdA) international criminal syndicate, President Trump had approximately 250 aliens, most of them in custody on immigration and criminal charges, flown out of the U.S. Now El Salvador is holding them in a “mega-prison” designed for gangs and terrorists. Trump has cited the 1798 Alien Enemy Act, which generally applies only to aliens from a nation against whom the U.S. is in a “declared war.” It has been invoked three times, and never since the Second World War. After the ACLU filed an emergency habeas corpus petition, Chief Judge James Boasberg of the Washington, D.C., federal district court intervened, instructing the administration not to deport any alleged TdA members for 14 days and to turn around any deportation flights that were already in the air. Two flights had taken off before Boasberg’s order, and another departed a few minutes later. Prosecutors did not give the judge straight answers about the state of play, and the administration did not turn the flights around. After they landed, El Salvador’s president mocked the judge’s order (“Oops . . . Too late”) in a social-media post. The judge is now demanding an explanation under oath, the Department of Justice is stonewalling (under the cover of accusing Boasberg of usurping the president’s foreign-relations powers), and the mess appears headed to the Supreme Court—whose chief justice, John Roberts, reprimanded Trump for labeling Boasberg a “Radical Left Lunatic” who should be impeached. Trump has proven that he could gain control of the southern border on his own; he has not proven that it is wise, or permissible, to govern in contempt of the other branches.