Tangle Podcast Episode Summary: "Trump, El Salvador, and the Alien Enemies Act"

Release Date: March 19, 2025
Host: Isaac Stahl

Introduction

In this episode of Tangle, host Isaac Stahl delves into the controversial use of the Alien Enemies Act by former President Donald Trump to deport alleged gang members to El Salvador, despite judicial opposition. The discussion navigates through the legal intricacies, political ramifications, and divergent viewpoints from both the right and the left.

Main Event: Trump’s Invocation of the Alien Enemies Act

Timestamp: [05:47] – [06:10]

Isaac Saul introduces the core issue of the episode: the Trump administration's decision to deport hundreds of non-citizens, identified as alleged gang members, to El Salvador under the Alien Enemies Act of 1798. The deportations proceeded despite a federal judge's order to halt the flights.

• Key Details:
  • Flights Carried: 238 alleged members of the Venezuelan prison gang Trende Aragua and 23 members of the street gang Marasavitruccha 13 (MS-13).
  • Destination: Terrorism Confinement Center (SECOT) in El Salvador, Central America's largest prison facility.
  • Legal Basis: The Alien Enemies Act allows the president to deport foreign nationals from enemy nations during times of war or invasion.

Isaac Saul explains, "The Alien Enemies Act is a centuries-old law designed to be used in times of war or invasion," highlighting its rare invocation—only three times historically during major conflicts.

Legal Challenge and Judge Boasberg’s Ruling

Timestamp: [06:10] – [20:35]

The episode outlines the legal confrontation spurred by the administration's actions:

• Legal Actions:

  • The American Civil Liberties Union (ACLU) and Democracy Forward filed a lawsuit challenging the deportations.
  • Federal Judge James E. Boasberg blocked the deportation order, deeming the administration's justification under the Alien Enemies Act insufficient.

• Administration’s Defense:

  • Claimed the initial deportation flights were already in international airspace and thus not subject to the court order.
  • Asserted that the individuals were also under Title 8 deportation orders, which they argue supersede the judge’s directive.

• Controversial Response:

  • President Trump and Republican Representative Brandon Gill pushed for the impeachment of Judge Boasberg, a move widely criticized as undermining judicial authority.

Notable Quote:

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”
— Supreme Court Chief Justice John Roberts [Timestamp: ~06:10]

Perspectives from the Right

Timestamp: [11:26] – [20:35]

The podcast explores various conservative viewpoints defending the administration's actions:

• Legal Justifications:

  • Greg Jarrett (Fox News): Argues that the Alien Enemies Act legally supports the deportation of violent gang members without requiring a court hearing, as defined by "predatory incursion."

  • Andrew C. McCarthy (National Review): While McCarthy acknowledges the administration's aim to deport criminals, he criticizes the unilateral invocation of the Act without congressional approval, labeling the administration's stance as weakening its legal position.

• Constitutional Interpretation:

  • John Daniel Davidson (Federalist): Contends that the administration is challenging "judicial supremacy" by asserting executive authority over judicial decisions, aligning more closely with the Founding Fathers' intentions.

Notable Quote:

“The president's legal position that he can do this with no input from Congress and no judicial review when the country is not at war is untenable.”
— Andrew C. McCarthy (National Review) [Timestamp: ~19:00]

Perspectives from the Left

Timestamp: [11:26] – [20:35]

Conversely, the episode presents critical views from the left regarding the administration's actions:

• Concerns Over Rule of Law:

  • Dahlia Lithwick & Mark Joseph Stern (Slate): Characterize Trump's actions as a step towards dictatorship, asserting that disregarding judicial orders undermines the constitutional balance of power.

  • Ellie Hoenig (New York Magazine): Warns that ignoring court rulings erodes legal standards and paves the way for lawlessness, emphasizing the necessity of due process.

• Critique of Executive Overreach:

  • David A. Graham (The Atlantic): Highlights the administration's narrow interpretation of "law and order," suggesting that it amounts to an attempt to circumvent judicial authority.

Notable Quote:

“If you think someone's ideas or actions are deplorable, once the executive branch decides it doesn't have to follow the law for one person, it is established that it doesn't have to follow the law for anyone.”
— David A. Graham (The Atlantic) [Timestamp: ~18:00]

Host’s Analysis and Conclusions

Timestamp: [20:35] – [32:29]

Isaac Stahl offers his own perspective, navigating between the polarized viewpoints:

• Critical Observations:

  • Emphasizes the lack of transparency regarding the deportees' identities and the absence of criminal charges against many of them.
  • Highlights the potential human rights violations, as deportees are placed in harsh detention facilities without due process.

• Balanced Stance:

  • Support for Removal of Criminal Elements: Acknowledges the need to deport violent gang members to ensure public safety.
  • Advocacy for Due Process: Stresses the importance of protecting innocent individuals and maintaining legal standards to preserve American liberties.

• Conservative Critique:

  • Applauds conservative commentators like Andrew McCarthy for critiquing the administration's overreach despite supporting the overall goal of deportations.

• Legal Limitations:

  • Points out the restrictive criteria of the Alien Enemies Act, which traditionally requires a declared war, making its current invocation contentious.

Notable Quote:

“Much of what Trump has done so far may not be lasting. Trump will see his legacy crumble if it is built solely on expansive executive overreach and unlawful orders.”
— Isaac Stahl [Timestamp: ~25:00]

Under the Radar: Additional Insights

Timestamp: [32:29] – [36:55]

Beyond the main topic, the episode touches on ancillary stories and statistics:

• Affordable Housing Initiative:

  • Announcement of a joint task force by Housing and Urban Development Secretary Scott Turner and Interior Secretary Doug Burgum to repurpose federal lands for affordable housing developments.

• Judicial Accountability:

  • Historical data on federal judge impeachments, highlighting only 15 impeached judges in U.S. history with varying outcomes.

• Public Confidence in the Judicial System:

  • A significant decline from 59% in 2020 to 35% confidence as of December 2024 (Gallup).

• Public Opinion on Deportations:

  • According to a Pew Research poll (Jan-Feb 2025), 47% of Americans approve of Trump's deportation efforts, with stark partisan divides (74% Republicans vs. 21% Democrats).

• Environmental News:

  • Confirmation of endangered cougar cubs in Michigan's Upper Peninsula, marking the first verified sighting in over a century.

Conclusion

This episode of Tangle provides a comprehensive exploration of the Trump administration's use of the Alien Enemies Act to conduct mass deportations to El Salvador. By presenting balanced viewpoints from both the right and the left, alongside the host's nuanced analysis, listeners gain a multifaceted understanding of the legal, political, and ethical dimensions surrounding this contentious issue.

Notable Quotes:

1. Judge Boasberg on Deportations:

   “The Alien Enemies act does not provide a basis for the president's proclamation given that the terms invasion predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war.”
   — Judge James E. Boasberg [Timestamp: ~06:10]

2. Isaac Stahl on Due Process:

   “We need order, we need lawfulness. We need it to punish the guilty, but we need it to protect the innocent, too.”
   — Isaac Stahl [Timestamp: ~25:30]

3. Andrew McCarthy on Legal Positions:

   “Much as I would like to see all members of TDA rapidly expelled, in addition to all criminal aliens, the president's legal position that he can do this with no input from Congress and no judicial review when the country is not at war is untenable.”
   — Andrew C. McCarthy (National Review) [Timestamp: ~19:00]

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