Ben (34:05)
I mean, the American people should be concerned and upset that they now reside in a country where the Supreme Court allows somebody's constitutional rights to due process and notice. That's all we're talking about to be run roughshod over by a president, a president that were as so succinctly and pithy put by Ketanji Brown Jackson, a president who lives in a law free zone. That's not okay. And as I've said, same way that you've said it during my hot takes. I'm not Abrego Garcia's defense lawyer. I don't know what these eight people in the Djibouti Air Force Base have done other than what's in the record. I'm not here to defend them. I'm here to defend with my last dying breath the process, just as you and I will defend until, you know, we're hoarse and or dead. First Amendment rights of people to speak about things in the public square that we find uncomfortable because we find them to be uncomfortable. And that used to be democracy and that used to be the brand democracy that we all could be proud of one way or the other. But now you have and I just did a hot take with Leah Lippman from become a semi regular now with her strict scrutiny, a law professor at Michigan. And Lee and I talked about the power of the dissents that are being written. We talk about opposition, we talk about resistance here because we all vibrate on the same frequency on legal AF and on Midas Touch in our audience and on both sides of the camera. I asked her about the power of dissents and why they're important. The ones we see written by Ketanji Brown Jackson, the ones we see written by Sonia Sotomayor, a little bit by Kagan, but really by those two. And why do they matter? And you and I learned a lot in law school from dissents that eventually became the majority opinion because dissents also influence public opinion and dissents influence students, law students and people and give them hope. And they are speaking to history. I mean, we have a playlist on legal AF called Court of History, led by Sidney Blumenthal and Sean Wilentz. And because the highest court is not the Supreme Court, it's how history is going to judge the lawyers, the judges, the Supreme Court and us as citizens. No higher. There's no higher title in America nor, you know, it should be that way than citizen. And to watch this destruction and have Ketanji Brown Jackson and Sotomayor call it out and call out, as Sotomayor did, that you touched on the abuse of power, her words, the abuse of the inherent authority of the United States Supreme Court's MAGA right wing majority to benefit, to bend over backwards, to find irreparable harm. Because it touches on Article 3 powers, sorry, Article 2 powers of the president and not care a whit about human beings and their suffering and their lack of due process. Now, some people, I just did a hot take on it for illegal AF side. Some people might think, well, the end of the day, after 72 hours, Trump got what he wanted because he ran back to court just to give the timeline again, he gets a one paragraph ruling by the 6 to 3 majority that says, Murphy, your order keeping those eight people in the Djibouti Air Force Base while due process and notice is being evaluated. We're blocking it. We're going to let the First Circuit do its thing on appeal. But we basically, we're okay with the president exercising his power to send people to third party, third world countries that don't share our values as a dumping, as a dumping ground. So. And that's where we got the Sotomayor dissent, which was 12, 14 pages in length. Then Murphy gets everybody together, as you pointed out, and says, well, I had two orders. What was in April and that was blocked. And you know, you went in on your shadow docket. You didn't wait for a final decision by me. You didn't wait. You did this not only interlocutory earlier than a final judgment, but you did it on one of my orders. There was another order in May where I said, you violated my order in April and I think you may be in contempt. And I made another order and you didn't block that. And Sotomayor actually signaled to Murphy not, she said, not all remedial orders have been blocked. And right on cue, he pulled everybody together the Monday after the Friday of the order and said, I don't. Nothing's changed. Nothing's changed. They are not to move. I'm still evaluating. I'm still getting to the bottom of it. And they ran back to court with this whiny motion for clarification. But as you said, it's like they have a WhatsApp direct line or text messaging to the Supreme Court, like, bring it back, bring it back now. I had hoped that the window had closed. I did a report on this because they left for their, the term ended and they hadn't ruled on it had been several days. Then of course, low and ball, four days ago, they issue a one paragraph unsigned decision that yeah, yeah, yeah, motion to clarify. We're nothing. Murphy, none of his rulings, they're all being blocked. None of them go forward. And so they got a win there. So we're like, oh crap, those guys are going to south. They're going to South Sudan, the lawyers, you know, this is like last minute reprieve for somebody on death row, right? You're trying. You're trying all the locks, all the doors. So they run to Judge Moss, Randy Moss in D.C. and bring what they claim to be a new petition on new evidence. He looks at it and says, I'm gonna block it for a day, but I'm transferring it back to Judge Murphy. So he laterals it back to Murphy. In the meantime, he has another stay order. So it's like the governor reprieve. Okay, all right. And then Murphy gets it back and says, look, let's have a hearing. What I think he accomplished at the hearing, although most people, including myself, don't think it's worth the paper it's written on, is a concession by the Department of Justice that they've spoken to the State Department, and the State Department has informed them that these people are not going to be detained, that they're going to be temporarily released and go through a naturalization process in South Sudan. Let me remind everybody, or say it out loud for people who don't know, these people are not from South Sudan. That's the point. It's a third country, not their country of origin or. Nor one that they wanted to go to or would agree to go to. This is a whole nother thing. This is like an El Salvadoran person, Mexican person, whatever beings or denaturalized US Citizen, God help us, being sent to South. Think about this. South Sudan, okay, And dumped there. And with like, with no passport. What's their passport? They lost their passport for another country. Now they're gonna go through a naturalization process in the middle of a war torn South Sudan. And does anybody really believe that when the Trump administration DOJ told Murphy that when he said, look, what we don't want to be is dumping people off in foreign lands where they get tortured and we act like it didn't happen and I won't, and that's that we can't be in that world. And that's when the lawyer made all sorts of representations, but it's not in writing. And. And you see this Supreme Court, as we've watched the evolution since April of this court, first few orders came out, we were like, okay, we sort of figure it out. They're not going to go as far as to violate due process, habeas corpus rights, or notice when it comes to deportation or removal. Got it. And another couple of orders came out. We're like, okay, I sort of understand that. And then this came out. Of nowhere, which is, no, these people have no rights. We don't care. Dump them off. Like, really, that's the pronouncement of the United States Supreme Court and that Article 2 power is preeminent about everything. And the problem, I'll just leave it on this, Ben. The problem with all of that, it's not about eight guys in the Djibouti Air Force Base. It's about the precedent and the body of law that's being developed by an emboldened Supreme Court led by Roberts and the rest of the now they have the numbers and have had it for a number of years, and how they're shoving this anti democratic, anti American way of life down our throat. I'll give one last example that you and I will keep an eye on. This is so bad that even my baby daughter is crying in the distance in the background. But in Texas, we've got a couple of guys that are trying out for the United States Supreme Court. One of them is Judge Ho. The other one is Judge Oldham. They just, they held last week an oral argument that was sent back to them by the United States Supreme Court on immigration and removal issues related to the Alien Enemies Act. And when you hear the language, because they've been empowered by the Supreme Court, Oldham said in his oral argument, well, we have an armed invasion, an armed invasion of Venezuela by trend that's been in this country and MS.13 has been in this country for a dozen years. We've got an armed invasion. Who are we to disagree with the president's determination under the Alien Enemies Act? We're like, oh, here we go. So this kind of ruling and judges like Murphy willing to stand up for it, is important, but we are watching. We now know better where the Supreme Court's going to go when it comes to Alien Enemies act and where it comes to removal and deportation, a very narrow box of habeas corpus into process and removal rights only under certain statutes related to it. And if it's an emergency or it's a war or a predatory incursion, all bets are going to be off. And the power of the presidency reigns supreme. And that is not only inconsistent with hundreds of years of precedent, but it just shows you, as Judge Ludick, who's just been on our legal AF channel in the last couple of days, said, this is about a Supreme Court that is bending over backwards not just to reinforce the power of the imperial presidency, it's about benefiting a guy named Donald Trump. And we should all be concerned about that, regardless of which side of the aisle or no aisle that you're on.