Thank you, Liz, for all your outstanding efforts to support and secure the liberty of Americans (and lawful immigrants) acting lawfully!
Thank you for highlighting highly relevant assertions in the ICE declaration purporting to support rushing to send people to a prison in El Salvador. It is worth noting additional information in ICE's declaration. Trump's Proclamation (that America was at that moment being subjected to an “invasion” or “predatory incursion”) was posted at about 4:00 p.m. Saturday.
So ICE (not any part of our Armed Forces) is defending the U.S. against the proclaimed invasion or predatory incursion. How is ICE doing so? Within about 200 minutes after Trump’s proclamation was published, ICE immediately hustled an unspecified number of people onto three airplanes to be flown out of U.S. jurisdiction. The ICE declaration did not reveal the number, but it reportedly was about 140 people.
The ICE declaration also implied that the first two planes were loaded with people who were deported “solely on the basis of” Trump’s “Proclamation.” ICE declared that “all individuals on [the] third plane had Title 8 final removal orders and thus were not removed solely on the basis of [Trump's mere] Proclamation.”
ICE declared that approximately 250 additional people were potential deportees. In the DOJ notice accompanying the ICE declaration, the Trump administration refused to publicly disclose any other “estimates as to the number of individuals” comprising the “invasion” or “predatory incursion” force purportedly attacking America right now. The Trump administration argued that providing such information would “disclose sensitive information bearing on national security and foreign relations.”
Nothing in ICE's declaration supports Trump’s proclamation that the U.S. is being attacked in an emergency, i.e., an “invasion” or “predatory incursion,” that could justify the lack of process and lack of transparency on Saturday. Trump invoked broad war powers for use regarding mere routine immigration and criminal matters.
Speaking of abuses of power and abuses of people, it is important to consider the financial incentives Trump's Proclamation provided to wrongly detain and remove people (without due process).
Already, America has experience with abuses of the innocuous-sounding concept of “civil asset forfeiture.” That practice converts (mentally and physically) law enforcement personnel into something a lot like privateers (or even pirates). Trump’s proclamation expressly had the same purpose, and it necessarily will have the same effect: “All property in the possession of, or traceable to, an Alien Enemy, which is used, intended to be used, or is commonly used to perpetrate the hostile activity and irregular warfare of TdA, along with evidence of such hostile activity and irregular warfare, shall be subject to seizure and forfeiture.” Under the circumstances at issue in Trump's Proclamation (narco trafficking), it's clear Trump means money. A lot of it.
We need to view this issue in the context of what Trump and Musk already were doing to actual federal employees--Americans. In their mad dash to find ways to quickly cut costs--or expressly or implicitly to retaliate against people for exercising their freedom of association and freedom of expression (regarding political issues)--Trump and Musk are firing or laying off massive numbers of employees and eliminating offices and programs. They are wrecking--and trying to wreck--the lives of many Americans. Speaking of predatory incursions, that is what the so-called Trump administration already looks too much like.
Lisa's subsequent writing about Columbia University (and mentioning Hamilton Hall) reminded me that Alexander Hamilton is perhaps Columbia's most illustrious alumnus.
Trump’s attacks on our Constitution are reminders of Hamilton’s warning. In The Federalist No. 84, Hamilton emphasized that due process of law was crucial to our Constitution and our liberty. Hamilton quoted Blackstone, the great authority on English law:
the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious Blackstone, in reference to [arbitrary imprisonments], are well worthy of recital: “To bereave a man of life, (says he) or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”
Trump causing people to be sent to a prison in El Salvador based solely on his Proclamation was “the very definition of tyranny.”
As Madison (echoing Montesquieu), fairly famously highlighted in The Federalist No. 47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many” is “the very definition of tyranny.” Trump’s abuses of Executive Orders and other missives are intended (by Trump and “his” lawyers (who swore to support and defend our Constitution)) to permit Trump to usurp the power of tyrants. The target Trump chooses at any given time (a university, students, lawyers, law firms, judges, journalists, the Press or immigrants) is almost irrelevant.
Madison (quoting Montesquieu) emphasized, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates,” or, “if the power of judging be not separated from the legislative and executive powers.” "[T]here can be no liberty, because apprehensions may arise lest the same [executive] or [legislature] should enact tyrannical laws to execute them in a tyrannical manner.” Where “the power of judging” is “joined with the legislative, the life and liberty of the [people] would be exposed to arbitrary control, for the judge would then be the legislator.” Where the power to judge is “joined to the executive power, the judge might behave with all the violence of an oppressor.”
As a result, Madison emphasized that “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
In The Federalist No. 78, Alexander Hamilton (quoting Montesquieu) also emphasized that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.” Hamilton further emphasized the danger of our current circumstances: “liberty” will “have every thing to fear from [any] union” of the power to judge “with either of the other departments” (executive or legislative).
The ICE declaration and Trump's Proclamation prove that Trump invoked and usurped dangerous, secretive war powers (designed exclusively for use after Congress declares war or when actually necessary for national security in a national emergency (to defend us against an “invasion” or “predatory incursion”). Trump admitted (and ICE and the DOJ proved) that Trump did so for mere routine immigration matters and routine law enforcement.
Trump’s own Proclamation revealed how he tried to trick America. Trump proclaimed (or merely implied) that the people removed from U.S. jurisdiction Saturday were citizens of a nation that actually already had initiated an “invasion” or “predatory incursion” against America. Moreover, Trump proclaimed (or merely implied) those people actually were guilty of being “members” of the actual “invasion” or “predatory incursion” force.
Trump then admitted what he actually meant. Trump proclaimed (or merely implied) that the people he suddenly sent to prison in El Salvador were guilty of being only “14 years of age or older” and “members of TdA” (whatever “member” might mean) and “within the United States” but not “naturalized or lawful permanent residents of the United States.” As Trump, himself, expressly admitted, that was the purported “invasion” or “predatory incursion” that Trump proclaimed. Trump knowingly falsely proclaimed an actual “invasion” or “predatory incursion” by an enemy nation for no better reason than to evade normal due process of law for routine criminal matters or even for routine immigration matters.
The abuses of power Trump and his people here were no better than if they had based their actions on Orson Welles's 1938 radio program (based on another work of fiction, "War of the Worlds"), which reportedly caused panic among listeners who did not know that the events (an invasion by aliens) were fictional.
Every fucking Republican in the country needs an express ticket to the Hague.
Thank you, Liz, for all your outstanding efforts to support and secure the liberty of Americans (and lawful immigrants) acting lawfully!
Thank you for highlighting highly relevant assertions in the ICE declaration purporting to support rushing to send people to a prison in El Salvador. It is worth noting additional information in ICE's declaration. Trump's Proclamation (that America was at that moment being subjected to an “invasion” or “predatory incursion”) was posted at about 4:00 p.m. Saturday.
So ICE (not any part of our Armed Forces) is defending the U.S. against the proclaimed invasion or predatory incursion. How is ICE doing so? Within about 200 minutes after Trump’s proclamation was published, ICE immediately hustled an unspecified number of people onto three airplanes to be flown out of U.S. jurisdiction. The ICE declaration did not reveal the number, but it reportedly was about 140 people.
The ICE declaration also implied that the first two planes were loaded with people who were deported “solely on the basis of” Trump’s “Proclamation.” ICE declared that “all individuals on [the] third plane had Title 8 final removal orders and thus were not removed solely on the basis of [Trump's mere] Proclamation.”
ICE declared that approximately 250 additional people were potential deportees. In the DOJ notice accompanying the ICE declaration, the Trump administration refused to publicly disclose any other “estimates as to the number of individuals” comprising the “invasion” or “predatory incursion” force purportedly attacking America right now. The Trump administration argued that providing such information would “disclose sensitive information bearing on national security and foreign relations.”
Nothing in ICE's declaration supports Trump’s proclamation that the U.S. is being attacked in an emergency, i.e., an “invasion” or “predatory incursion,” that could justify the lack of process and lack of transparency on Saturday. Trump invoked broad war powers for use regarding mere routine immigration and criminal matters.
Somehow they can continue to shock with their depravity and their sick sadistic cruelty.
Speaking of abuses of power and abuses of people, it is important to consider the financial incentives Trump's Proclamation provided to wrongly detain and remove people (without due process).
Already, America has experience with abuses of the innocuous-sounding concept of “civil asset forfeiture.” That practice converts (mentally and physically) law enforcement personnel into something a lot like privateers (or even pirates). Trump’s proclamation expressly had the same purpose, and it necessarily will have the same effect: “All property in the possession of, or traceable to, an Alien Enemy, which is used, intended to be used, or is commonly used to perpetrate the hostile activity and irregular warfare of TdA, along with evidence of such hostile activity and irregular warfare, shall be subject to seizure and forfeiture.” Under the circumstances at issue in Trump's Proclamation (narco trafficking), it's clear Trump means money. A lot of it.
We need to view this issue in the context of what Trump and Musk already were doing to actual federal employees--Americans. In their mad dash to find ways to quickly cut costs--or expressly or implicitly to retaliate against people for exercising their freedom of association and freedom of expression (regarding political issues)--Trump and Musk are firing or laying off massive numbers of employees and eliminating offices and programs. They are wrecking--and trying to wreck--the lives of many Americans. Speaking of predatory incursions, that is what the so-called Trump administration already looks too much like.
Lisa's subsequent writing about Columbia University (and mentioning Hamilton Hall) reminded me that Alexander Hamilton is perhaps Columbia's most illustrious alumnus.
Trump’s attacks on our Constitution are reminders of Hamilton’s warning. In The Federalist No. 84, Hamilton emphasized that due process of law was crucial to our Constitution and our liberty. Hamilton quoted Blackstone, the great authority on English law:
the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious Blackstone, in reference to [arbitrary imprisonments], are well worthy of recital: “To bereave a man of life, (says he) or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”
Trump causing people to be sent to a prison in El Salvador based solely on his Proclamation was “the very definition of tyranny.”
As Madison (echoing Montesquieu), fairly famously highlighted in The Federalist No. 47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many” is “the very definition of tyranny.” Trump’s abuses of Executive Orders and other missives are intended (by Trump and “his” lawyers (who swore to support and defend our Constitution)) to permit Trump to usurp the power of tyrants. The target Trump chooses at any given time (a university, students, lawyers, law firms, judges, journalists, the Press or immigrants) is almost irrelevant.
Madison (quoting Montesquieu) emphasized, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates,” or, “if the power of judging be not separated from the legislative and executive powers.” "[T]here can be no liberty, because apprehensions may arise lest the same [executive] or [legislature] should enact tyrannical laws to execute them in a tyrannical manner.” Where “the power of judging” is “joined with the legislative, the life and liberty of the [people] would be exposed to arbitrary control, for the judge would then be the legislator.” Where the power to judge is “joined to the executive power, the judge might behave with all the violence of an oppressor.”
As a result, Madison emphasized that “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
In The Federalist No. 78, Alexander Hamilton (quoting Montesquieu) also emphasized that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.” Hamilton further emphasized the danger of our current circumstances: “liberty” will “have every thing to fear from [any] union” of the power to judge “with either of the other departments” (executive or legislative).
The ICE declaration and Trump's Proclamation prove that Trump invoked and usurped dangerous, secretive war powers (designed exclusively for use after Congress declares war or when actually necessary for national security in a national emergency (to defend us against an “invasion” or “predatory incursion”). Trump admitted (and ICE and the DOJ proved) that Trump did so for mere routine immigration matters and routine law enforcement.
Trump’s own Proclamation revealed how he tried to trick America. Trump proclaimed (or merely implied) that the people removed from U.S. jurisdiction Saturday were citizens of a nation that actually already had initiated an “invasion” or “predatory incursion” against America. Moreover, Trump proclaimed (or merely implied) those people actually were guilty of being “members” of the actual “invasion” or “predatory incursion” force.
Trump then admitted what he actually meant. Trump proclaimed (or merely implied) that the people he suddenly sent to prison in El Salvador were guilty of being only “14 years of age or older” and “members of TdA” (whatever “member” might mean) and “within the United States” but not “naturalized or lawful permanent residents of the United States.” As Trump, himself, expressly admitted, that was the purported “invasion” or “predatory incursion” that Trump proclaimed. Trump knowingly falsely proclaimed an actual “invasion” or “predatory incursion” by an enemy nation for no better reason than to evade normal due process of law for routine criminal matters or even for routine immigration matters.
The abuses of power Trump and his people here were no better than if they had based their actions on Orson Welles's 1938 radio program (based on another work of fiction, "War of the Worlds"), which reportedly caused panic among listeners who did not know that the events (an invasion by aliens) were fictional.