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Paige
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From executive producer Isaac Saul, this is Tangle.
Isaac Stahl
Good morning, good afternoon, and good evening, and welcome to the Tangle Podcast, a place where you get views from across the political spectrum, some independent thinking, and a little bit of my take. I'm your host, Isaac Stahl, and on today's episode, we're going to be talking about the Alien Enemies Act, President Donald Trump's declaration about that act and some of what's happening with these deportations, flights to El Salvador, and a whole lot of mysterious questions and accusations and things flying around. Before we do jump into that, I want to give you a quick heads up on a couple things. Schedule Related first of all, the Tangle team is taking our spring break next week. We do one summer recess in August when Congress is off, and then we do one week off for spring break every year. And so we're about to have that spring break next week. We have plans to provide you with a whole series of interesting content, actually, mostly podcasts, exclusively podcast content. We have some interviews. We're going to drop next week. While we're out, will be taking time off the daily podcast and newsletter. That being said, I do want to give you a heads up that on Friday I'm going to be writing a piece about California Governor Gavin Newsom's new podcast, which has brought on a series of provocative conservative figures in its first couple episodes. I'm going to defend the California governor a little bit because I think he's being unfairly maligned, I guess you could say, in the mainstream media. So that's coming up on Friday. Then of course we'll have the Sunday pod. Ari is flying to Japan, so it's going to be me and Will on Sunday, which I'm excited about. And then we'll have some podcast stuff for you coming out next week as well while we're off. So keep an ear out for all of that. And I'm going to throw it over to John to break down today's main story and I'll be back for my take.
Isaac Saul
Thanks, Isaac, and welcome everybody. Here are your quick hits for today. First up, President Donald Trump and Russian President Vladimir Putin spoke on the phone on Tuesday to discuss the war in Ukraine. Putin agreed to temporarily pause attacks on Ukrainian energy infrastructure provided Ukraine does the same, but did not commit to the US plan for a 30 day ceasefire. Separately, Israeli Prime Minister Benjamin Netanyahu said Israel would continue its strikes in Gaza, adding that any future hostage negotiations with Hamas would be conducted under fire. Number two, a federal judge blocked the Trump administration's ban on transgender people serving in the military until a lawsuit challenging the order is decided. Separately, a different federal judge indefinitely blocked the Department of Government Efficiency, or DOGE, from making further cuts to the US Agency for International Development, or USAID, finding that DOGE's actions were likely unconstitutional. The judge also ordered email and computer access to be restored for all employees of usaid. Elsewhere, a different judge ordered the Trump administration to temporarily reinstate some canceled Department of Education grants while a lawsuit challenging the action proceeds. Number three, the Trump administration moved to reinstate roughly 24,000 probationary federal workers who had been fired as part of the administration's efforts to reduce the size of the government. The move followed a judge's order for the mass reinstatement of fired probationary workers last week. Number four, President Trump reportedly fired two commissioners at the Federal Trade Commission, the only two Democrats on a five member commission. The two commissioners said they intend to sue to challenge their removal. At number five, the Trump administration released roughly 80,000 pages of previously classified records related to the assassination of President John F. Kennedy.
Paige
The Trump administration has disclosed more details surrounding Saturday's deportation flights as it defends its actions in court. The administration sent hundreds of alleged gang members to El Salvador despite a judge's order demanding they turn the planes around. Some of the migrants were deported under the Alien Enemies Act, a centuries old law designed to be used in times of war or invasion.
Isaac Saul
On Saturday, the United States government transferred hundreds of non citizens and alleged gang members to a detention facility in El Salvador despite an order from a federal judge blocking the deportation flights. According to Salvadoran President Nayib Bukele, the deportees were transferred on three flights and included 238 alleged members of the Venezuelan prison gang Trende Aragua, as well as 23 members of the street gang Marasavitruccha 13 or Ms. 13. President Trump justified their removal by invoking the Alien enemies Act of 1798. He had previously designated the group a foreign terrorist organization infiltrating the United States. The detainees were sent to the Terrorism Confinement center, or secot, in El Salvador. SECOT is the largest prison facility in Central America. For context, the Alien Enemies act is a 1798 law that gives the president the wartime authority to deport any foreign nationals of an enemy nation. The act has been invoked three times in the past, all during declared wars the War of 1812, World War I and World War II. On Friday, the American Civil Liberties Union and Democracy Forward preemptively sued the Trump administration, saying five Venezuelan men being held in Raymondville, Texas, were at imminent risk of removal under the Alien Enemies Act. A hearing for that case began on Saturday, immediately following President Trump's proclamation invoking the law. U.S. district Judge James E. Boasberg blocked the deportation order under the president's justification. However, two of the flights had already departed and the third flight left shortly after. The Trump administration then began to defend its decision to send the flights. First, the administration claimed that the judge's written order did not apply to the first two flights since they had already departed US Soil. Second, the administration claimed that all those aboard the third flight were also under Title 8 deportation orders and therefore not subject to Judge Boasberg's order. The identities of those deported and which flights they were on has not yet been confirmed, though an Immigration and Customs Enforcement official said on Tuesday that many did not have criminal records in the United States. Third, on Tuesday, President Trump challenged the ruling by pushing to impeach Judge Boasberg. Trump has a history with Boasberg, a district judge in Washington, D.C. who presided over cases during Trump's challenge to the 2020 election, as well as a challenge from the Trump administration over the Justice Department's gathering of information in a case alleging Trump's collusion with Russia. Over the weekend, Representative Brandon Gill, the Republican from Texas, introduced articles of impeachment for Judge Boasberg. The proposal, along with the president's message, prompted a rare public comment from Supreme Court Chief Justice John Roberts. For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose, justice Roberts said in a statement released on Tuesday. Today, we'll share arguments from the right and the left about the legal fight over the deportations and then Isaac's take.
Isaac Stahl
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Isaac Saul
All right, first up, let's start with what the right is saying the right is mixed on the judge's order and the Trump administration's response. Though many believe the deportations were legally sound, some say the criticisms of Judge Boasberg are unfounded. Others argue Trump is right to challenge judicial excesses. In Fox News, Greg Jarrett argued the law supports Trump's deportation of violent gang members despite judge's errant ruling. The Alien Enemies act permits a president to order the arrest and removal without a court hearing of alien enemies whenever there is a declared war or any predatory incursion perpetrated, attempted or threatened against the United States. A predatory incursion is broadly defined as entry into the US for purposes that are contrary to the nation's interests or laws, jarrett wrote. Even before Trump announced his proclamation, attorneys for the American Civil Liberties Union sprinted to a federal judge in Washington, D.C. in what looks like a classic case of forum shopping, picking a preferable judge in a favorable venue. There are several troubling aspects of Boasberg's directive. First, he acted without bothering to hear from the government, depriving the Trump administration of any chance to respond. Second, the five named plaintiffs in the ACLU's petition were TDA gang members detained in Texas, where a Washington, D.C. judge has no jurisdiction. Third, the exclusive remedy for a litigant who contests the AEA is a habeas corpus petition, not a temporary restraining order, jarrett said. Judge Boasberg reportedly stated that the Alien Enemies act does not provide a basis for the president's proclamation given given that the terms invasion predatory incursion really relate to hostile acts perpetrated by any nation and commensurate to war. If true, that comment can only be described as a hasty judgment, utterly bereft of any knowledge or relevant information. In national review, Andrew C. McCarthy wrote about Trump stonewalling the Boasberg has not to this point ruled against the administration on the central issue. Does the president, under the Alien enemy Act of 1798, have the authority to unilaterally order the removal of a class of aliens from the United States without judicial review on the rationale that the President has concluded, with no input from Congress that the nation has been invaded, and that the Venezuelans are members of a criminal gang trend that he is designated as a foreign terrorist organization, McCarthy said. Boasberg is likely to find that the answer to that question is no, but it is ridiculous to claim that he is trying to usurp the president's power. Trende Aragua has long been regarded as an international criminal enterprise that has never been prosecuted on terrorism charges in the U.S. the finding that it is a foreign terrorist organization was unilaterally made by the Trump administration. That doesn't mean it isn't true. It means that the president is relying solely on his power in an area that the court's habit monish should be addressed when practicable by a collaboration of the president and Congress, McCarthy wrote. The Trump administration, led by the Justice Department, is materially weakening its litigating position by stonewalling a judge while taking the position that it need not respond to the courts or consult with Congress because the president says so. In the Federalist, John Daniel Davidson said Trump is right to push back against judicial supremacy. For too long we have accepted without question the fallacious notion that the federal judiciary has the exclusive power of constitutional interpretation and that the states and the other branches of the federal government are bound to accept whatever the courts decide, davidson wrote. Contrary to the false claims of the corporate press, the Trump administration didn't defy Boasberg or ignore his order. It simply recognized that once the alleged terrorists had been removed from US Territory, the federal courts no longer had jurisdiction and could not issue orders concerning them. However, by asserting this much, the Trump administration signaled that it doesn't accept the judicial supremacist view that Boasberg can dictate White House policy from the federal bench, much less order US Military aircraft to turn around mid flight, davidson said. What the administration is expressing here is a view of judicial and executive powers that more closely conforms to how the Founding Fathers understood them. Put simply, the founders didn't think the judiciary was the sole arbiter of what is and is not constitutional. While the courts headed by the Supreme Court indeed have independent power to interpret and apply the Constitution, that doesn't mean they are supreme over the other two branches. All right, that is it for what the right is saying. Which brings us to what the left is saying. The left calls the Trump administration's actions open disregard for the law. Some say Trump is courting a showdown with a judicial branch. Others say the episode is a test of America's constitutional system. In Slate, Dahlia Lithwick and Mark Joseph Stern wrote, we've officially entered the next phase of Trump's dictatorship era. Boasberg's order expressly applied to migrants already en route to El Salvador, so the White House did quite clearly defy the order on the grounds that it could unilaterally conclude its requirements were not lawful, Lithwick and Stern said. If that is sufficient reason to disobey a court ruling, then all judicial rulings are merely advisory or just suggestions, and the three co equal branches of government have been replaced by an elected monarch. That might sound like an exaggeration, but it aligns with the Justice Department's disturbing filings in this case. DOJ lawyers have argued that Trump does not even need the Alien enemies Act of 1798 to order these deportations. Trump's astonishing claim of authority would render the other two branches of government purely advisory in the entire field of immigration enforcement. Congress's decades of extensive legislation detailing which immigrants can be detained and deported, and under what circumstances would amount to meager recommendations that the president could disregard. Under this construction of executive authority, court orders attempting to enforce those laws or even bedrock constitutional protections would be similarly voluntary. In New York magazine, Ellie Hoenig suggested Trump is playing a dangerous game with the courts. We must call out an alternative and recurring Trump administration defense. The judge's decision was a baseless legal ruling, no matter when the flights took off, and therefore the administration was free to ignore it. This rationale is dangerously circular. We think the judge is wrong, so we can do whatever we want. The way we decide who is right and wrong is through the courts, including the appeals process, and not by unilateral fiat, honig wrote. If you could ask the founders what happened to a precedent who defied the courts, I suspect they'd point to impeachment as the proper constitutional remedy. But we live in modern reality, and that's not happening. Even if the Trump administration has not intentionally defied a court order, they're getting perilously close to the line, and they're revealing their adjacency to lawlessness, hoenig added. The administration had those planes loaded, fueled up, and either waiting on the Runway or already airborne by the time the judge ruled, with no intention to wait on official word from the court. The defiance in this scenario isn't quite intentional. It's more likely intentionally reckless. It's like if I ran through a house blindfolded and holding a burning torch. I might not intend to set anything on fire, but I sure would know. It's virtually certain to happen. In the Atlantic, David A. Graham said the president's definition of law and order is a narrow one. The statements of Trump administration officials elsewhere make it even harder to take their actions as anything other than attempting to defy judges. Salvadoran President Bukele posted a screenshot of a New York Post story about the judge's order on X with the commentary oopsie, too late and a laughing, crying emoji. Chief bureaucrat Elon Musk replied with the same emoji, and Secretary of State Marco Rubio shared Bukele's post. From his own account, Graham wrote, these actions should be terrifying no matter who's involved. The fact that Trinidad Aragua is indeed a vicious gang doesn't nullify the law. The administration's claim that the US Is contending with a wartime invasion is ridiculous on its face. This is what we might call the Mahmoud Khalil test. No matter whether 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 it is established that it doesn't have to follow the law for anyone, graham said. Throughout his career, Trump has tested boundaries and, if allowed to do so, pushed further. His actions at the start of his term show that he is more emboldened than ever, and traditionally, institutionalist figures such as Rubio seem eager to abet him. Alright, let's head over to Isaac for his take.
Isaac Stahl
All right, that is it for what the left and the right are saying. Which brings us to my take. So a great deal of commentary I've read about this story has relied on hollow legal takes and work towards preferred outcomes. Several conservative writers justify these deportations with little regard for the law, concluding simply that the president can invoke the Alien enemies Act of 1798 without actually understanding anything about what that act does. Many liberals simply dismiss the law because it is old and rarely used without sufficiently understanding the opening, albeit slim, that the law creates for this kind of enforcement. On top of that, a number of administration officials and pundits have sufficiently muddied the waters here. White House Press Secretary Caroline Levitt has claimed that the administration did not defy the judge's order, while White House Deputy Chief of Staff Stephen Miller called the judge's order unlawful. So let me start by trying to clarify a few things. First, we don't know who these deportees are. The administration has not released the names or the accusations against the alleged gang members. Flown to El Salvador, they are now in a foreign prison with no access to phones or ability to contact family members or legal counsel. And we may not find out who they are for some time or ever. Second, they were all deported without facing any criminal charges or as far as we know, so much as a hearing in immigration court. Third, the administration has offered a justification for not complying with Judge Boasberg's order that the flights with the deportees subject to the order were already over international waters when it was issued, but they have not offered an explanation. That is, they've declined to explain why they couldn't stop the flight, citing national security issues. Calling this whole episode worrisome is a serious understatement. Ivanoa Sanchez, a 22 year old who crossed the border illegally and turned herself in to seek asylum in 2023, said her husband went into a routine ICE checkup in February and never came back. She provided ABC News with documents confirming her husband had a scheduled hearing with a judge on March 19 for his asylum case. She now believes he was on the plane that sent hundreds of non citizens to El Salvador. Sanchez is just one of several people who have said they believe their family members were arrested and deported on these flights despite not being accused of any crimes in the US and not having any association with tda. If true, it would mean the Venezuelan migrants whose only crime was crossing the border illegally, who then legally sought asylum and showed up for their court cases or ICE check ins have now been sent to one of the harshest prisons in the world without any due process or access to legal counsel. To state the obvious, that is a very big and frightening problem. And that isn't a wild presumption either. Sworn testimony filed in court by the Trump administration has confirmed that many of the deportees had not been accused of any crimes last night. ICE Acting Field Office Director of Enforcement and Removal Operations Robert Serna said many of the deportees did not have criminal records in the United States, suggesting that it is only because they have only only been in the United States for a short period of time. But the administration has not released any further details so we have no way of knowing whether this is true. Cerna did say that ICE determined the deportees trend membership through victim testimony, financial transactions, computer checks and other investigative techniques, which if true would be good news. But importantly, we haven't seen that evidence and neither has a court. So we can only hope these deportees weren't randomly targeted based on social media posts or other flimsy allegations. CERNA is undeniably flipping the burden of proof to say they are probably guilty and you can't prove they're not for whatever it's worth, I suspect many of the men deported were in fact members of the Trende, argua or Ms. 13 gangs, and I strongly support Trump trying to remove those people from the country. I'm sure ICE is correct that some of them even committed murder, burglary, or other violent crimes while in the United States. When I reviewed the first month of the Trump presidency, I applauded him for limiting illegal border crossings and also for immediately deporting a number of known violent criminals who were walking the streets. And of course, this is an implied criticism of President Biden, who invited this whole mess by opening the doors to mass migration from Venezuela and doing nothing to reform our broken asylum laws, which allowed these gang members to slip in again. I support Trump in his effort to get members of the TDA out of the country. For our immigration system to work, we need to have order and we need to enforce the law. But that's precisely the point. We need order, we need lawfulness. We need it to punish the guilty, but we need it to protect the innocent, too. Arguing the importance of granting due process to murderers or rapists here illegally rather than just kicking them out is not a very compelling argument. But doing so is necessary to maintain the liberties and freedoms of American society. I was relieved to see so many conservative pundits criticizing the administration for its actions in this case, despite supporting Trump's stated goal, which is an act of intellectual honesty that is becoming all too rare these days. The most essential read on this issue comes from National Review's Andrew McCarthy, who I think is one of the great conservative legal minds of our time. He has laid out in great detail the incoherence and unlawfulness of the Trump administration's position, despite strongly preferring deportations as a policy solution. Seriously, you should go read those articles they're linked to in Today's newsletter. As McCarthy writes, quote, 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. End quote. McCarthy even goes so far as to defend Judge Boasberg, who is hardly some radical leftist judge. He's ruled against the interests of the left repeatedly, including decisions to release nearly 15,000 emails belonging to Hillary Clinton in 2016 and to reject an effort to force Trump to release his tax returns. In this case, he is following clearly established precedent. McCarthy is also one of the few people to point out that Boasberg hasn't even ruled against the Trump administration yet. He's simply telling them to halt the deportations. Again, McCarthy is a stalwart conservative who supports many of Trump's actions. Even the Alien Enemies act alone is not straightforward. It is triggered Quote whenever there is a declared war between the United States and any foreign nation or government or any invasion of predatory incursion shall be perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government. As McCarthy points out, that means even if you believe Venezuelan gangs are perpetrating a war against the United States, Congress needs to declare war for this power to be vested in Trump. Since the Constitution only bestows war declaration powers onto Congress, the conversation basically starts and stops there. It's also why the AEA has only been used three times, all in declared wars. Further, TDA is not a foreign nation or government. It's a gang from Venezuela. So if Trump wants to declare war without Congress's approval, he'd have a much better case declaring it against the state of Venezuela, which he hasn't done and isn't going to do. Trump's opening here, to the degree there is one, is that the AEA can also be declared in the event of an invasion or predatory incursions. He may argue that the trend's presence constitutes an invasion, and maybe there is a judge somewhere who will uphold that argument. But I'm very skeptical. Not only have Venezuelans and members of the CDA come through a stream of legal and illegal migration over several years, but the law was clearly written to account for an enemy invasion that preempted Congress being able to convene. And again, it refers to a foreign nation or government, of which TDA is neither. I've said this since the beginning of the Trump administration, but I'll repeat it again now for all the noise. 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. To illustrate my point, 24,000 federal workers were just reinstated after two federal judges ordered the administration to put them back to work. A judge ruled that Musk's dismantling of USAID through DOGE was unconstitutional and blocked it from further cuts. Another judge then blocked the administration from banning transgender troops in the military, and that was just on Tuesday. Despite the very legitimate concerns about Trump disobeying a court order in this case, the administration has been adamant that it has obeyed Boasberg's order and will continue to obey all court orders. Furthermore, it's complying with the order to reinstate probationary workers and is also providing proof it is complying. And despite Trump's huffing and puffing and the now commonplace theatrics in the House, none of these judges are going to be impeached. Kudos to John Roberts for calling out the absurdity of this suggestion. Yes, there are activist judges on the left, and there are plenty on the right too, many of whom conservatives went to repeatedly during the Biden administration. But Boasberg is not one of them. And we have checks and balances on judges all the way up to the Supreme Court. And it takes two thirds of the Senate to actually convict and remove a judge. Now that Trump's latest and most egregious immigration gambits, the attempt to deport Mahmoud Khalil and the invoking of the Alien Enemies act, both seem on the ropes, I'd keep a close eye on whether all this compliance continues. I suspect it will. But if it doesn't, we'll see a series of tumultuous legal battles that could eat up much of the administration's time, focus and political capital. More likely than not, Trump is going to have to try new routes, like passing legislation or legal executive action in order to get what he wants. Foreign we'll be right back after this quick break. To get people excited about Boost Mobile's new nationwide 5G network, we're offering unlimited talk, text and data for $25 a month. Forever. Even if you have a baby.
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Isaac Stahl
All right, that is it for my take. We are a little bit long in the podcast today, so we're skipping today's listener question and we'll see you guys tomorrow. I'm going to send it back to John. Have a good one. Peace.
Isaac Saul
Thanks Isaac. Here's your under the radar story for today, folks. On Monday, Housing and Urban Development Secretary Scott Turner and Interior Secretary Doug Burgum announced a joint task force to identify federal land for potential affordable housing developments. The Department of the interior controls over 500 million acres of federal lands, and the secretary suggested that large portions are underutilized and could be reuted imagined as land for housing. Working together, our agencies can take inventory of underused federal properties, transfer or lease them to states or localities to address housing needs and support the infrastructure required to make development viable, all while ensuring affordability remains at the core of the mission, turner and Burgum said. The Hill has this story and there's a link in today's episode Description all right, next up is our numbers section. The number of federal judges who have been impeached in United states history is 15. Of those impeached judges, the number who resigned before an outcome at trial is three, were acquitted by the Senate is four and were convicted by the Senate is eight. The year Judge Thomas Porteous was impeached on charges of accepting bribes and making false statements Under Oath was 2010. The most recent impeachment of a federal judge. Porteus was then convicted by the Senate and removed from office. The percentage of Americans who say they have confidence in the judicial system and courts is 35%, according to a December 2024 Gallup survey. The percentage of Americans who said they had confidence in the judicial system and courts in 2020 was 59%. The percentage of Americans who say President Trump is doing about the right amount of deporting unauthorized immigrants is 47%, according to a January February 2025 Pew Research poll. And the percentage of Republicans and Democrats, respectively, who say President Trump is doing about the right amount on deportations is 74% and 21%. And last but not least, our have a nice day story. Cougars have been classified as an endangered species since 1973 after being hunted to near extinction in the early 1900s. On March 13, for the first time in over 100 years, wildlife experts confirmed the presence of two endangered cougar cubs likely to be accompanied by their mother in Michigan's Upper Peninsula. State biologists have stated that the return of the keystone species is a positive development for local ecosystems. It's quite unique compared to previous cougar sightings because this is the first verified evidence of cubs in Michigan in in more than a century, the Michigan Department of Natural Resources said. Good, Good Good has this story and there's a link in today's episode description alright everybody, that is it for today's episode. As always, if you'd like to support our work, Please go to readtangle.com where you can sign up for a newsletter membership, podcast membership or a bundle membership that gets you a discount on both. We'll be right back here tomorrow. For Isaac and the rest of the crew, this is John Lal signing off. Have a a great day all. Peace.
Isaac Stahl
Our podcast is written by me, Isaac Saul and edited and engineered by Duke Thomas. Our script is edited by Ari Weitzman, Will Kbach, Bailey Saul and Sean Brady. The logo for our podcast was made by Magdalena Bokova who is also our social media manager. The music for the podcast was produced by Diet75. And if you are looking for more from Tangle, please go check out our website@readtangle.com that's readtangle.com.
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Tangle Podcast Episode Summary: "Trump, El Salvador, and the Alien Enemies Act"
Release Date: March 19, 2025
Host: Isaac Stahl
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.
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.
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.
Timestamp: [06:10] – [20:35]
The episode outlines the legal confrontation spurred by the administration's actions:
Legal Actions:
Administration’s Defense:
Controversial Response:
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]
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:
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]
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:
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]
Timestamp: [20:35] – [32:29]
Isaac Stahl offers his own perspective, navigating between the polarized viewpoints:
Critical Observations:
Balanced Stance:
Conservative Critique:
Legal Limitations:
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]
Timestamp: [32:29] – [36:55]
Beyond the main topic, the episode touches on ancillary stories and statistics:
Affordable Housing Initiative:
Judicial Accountability:
Public Confidence in the Judicial System:
Public Opinion on Deportations:
Environmental News:
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:
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]
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]
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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