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That's an invasion.
Nicole Wallace (1:07)
They invaded our country.
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So this isn't in that sense, this is war.
Nicole Wallace (1:13)
In many respects it's more dangerous than.
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War because you know, in war they have uniforms. You know who you're shooting at, you know who you're going after.
Nicole Wallace (1:23)
Hi again Everybody. It's now five o'clock in New York. At the time that Donald Trump invoked the Alien Enemies act, he justified it by saying that undocumented immigrants and asylum seekers coming to our country were engaged in an act of war. Even worse in that clip we just played for you. But his declaration to use a centuries old wartime act was just rejected from by a federal appeals court, the fifth Circuit in New Orleans, who ruled against him in a 2 to 1 decision. The majority writing this quote, a country's engaging its residents and citizens to enter this country illegally is not the modern day equivalent of sending an armed organized force to occupy to disrupt or otherwise harm the United States. There is no finding that this mass immigration was an armed organized force or forces, end quote. Now the ruling by the appeals court with a conservative majority is the first time federal appellate judges have weighed in on whether Donald Trump properly invoked the law. And the ruling against him now means that the issue is likely to make its way to the United States Supreme Court. Legalernt, who argued this case for the ACLU in front of the appeals court said this quote, this ruling makes clear that the courts are there to keep the executive branch within legal limits and that even the president cannot simply declare an emergency whenever it suits him. In fact, in April we learned that Trump's own intelligence agencies found that his basis for invoking the law actually did not exist. From the AP's reporting at the time, quote, A new U.S. intelligence assessment found no coordination between Tren de Aragua and the Venezuelan government, contradicting statements that Trump administration officials have made to justify the their invocation of the Alien Enemies act and deporting Venezuelan migrants. As for this latest ruling by the appeals court, the New York Times reports this, quote, that finding could have legal and political implications given that Trump has used claims that immigrants are invading the US not only to justify his use of extraordinary laws like the Alien Enemies act, but also to devise a broader anti immigration narrative. And as of lately, Donald Trump is not only losing on the issue of immigration, he's coming up against several other legal guardrails. A federal judge just said his use of military troops in Los Angeles was illegal. Another federal appeals court reinstated a Democrat on the Federal Trade Commission who Donald Trump had fired. And On Friday, the U.S. court of Appeals for the Federal Circuit ruled that Donald Trump does not have the authority to impose tariffs, his tariffs. Yesterday he mentioned that he would ask the U.S. supreme Court today to take up that case. We are still waiting to hear if he's done so. And breaking just in the last few minutes, another big legal blow to Donald Trump. A federal judge has ruled that the Trump administration broke the law when it froze billions of dollars in research funds. At Harvard University, this is where we start the hour with some of our favorite experts and friends. Democracy Docket founder Mark Elias is here. Also join us, former Democratic senator MSNBC political analyst Claire McCaskill is here. And former acting assistant attorney General for National Security at the Department of Justice, Mary McCord is here. Mary, let me start with you. Donald Trump invoking the Alien Enemies act was always outrageous and audacious. And we knew that they knew that because they first put the squeeze on their own intelligence and national security agencies when the facts didn't bear out the predicate they needed for the act itself. Just talk about the impact of both the difficulty they had at the time with their own administration and now a legal roadblock to doing what Donald Trump clearly wants to do.
