Trump Administration Predictions (3 Viewers)

We also see the Logan Act potentially being violated by Chris Van Hollen. As a senator, he has no authority to represent the executive branch. The Constitution assigns foreign affairs to the executive branch, not the legislative.
 
as there is no invasion or incursion

It is to laugh. If 13,000 people per day were illegally crossing the border and many (admittedly, not all) of them were thugs, criminals, and violent gang members, I think either invasion or incursion would apply. For the Abrego-Garcia case, he WON in court because the 9-0 SCOTUS decision made it clear that a judge has no business interfering in USA interactions with foreign sovereign nations. The "facilitate" simply means that if El Salvador wants to eject him, the USA would send a plane to pick him up.

The question of "OR" or "AND" is not relevant, as there is no invasion or incursion

Hate to tell you how many decisions depended on whether OR or AND was used.
 
It is to laugh. If 13,000 people per day were illegally crossing the border and many (admittedly, not all) of them were thugs, criminals, and violent gang members, I think either invasion or incursion would apply. For the Abrego-Garcia case, he WON in court because the 9-0 SCOTUS decision made it clear that a judge has no business interfering in USA interactions with foreign sovereign nations. The "facilitate" simply means that if El Salvador wants to eject him, the USA would send a plane to pick him up.



Hate to tell you how many decisions depended on whether OR or AND was used.
You are talking about invasion as metaphor. Laws are not metaphors. Congress has not declared war on Venezuela. There are no Venezuela armed forces occupying American territory. The interpretation of laws is up to the Courts, not the President.
 
We also see the Logan Act potentially being violated by Chris Van Hollen. As a senator, he has no authority to represent the executive branch. The Constitution assigns foreign affairs to the executive branch, not the legislative.
The Logan act is of dubious constitutionality and no one has every been convicted under it. Nor does the President have exclusive say on foreign affairs, which is why both houses of Congress have foreign affairs committees.
 
The interpretation of laws is up to the Courts, not the President.

Yet if you don't do something to raise the issue, the courts that have sufficient authority to answer the question don't have the right of original review. So if you don't test the law, you can't know what it actually says in practical terms.
 
IMO unless the person has done some absolutely dastardly thing --- generally speaking, a crime of some kind.
How about abusing his wife. He was arrested twice for that? And she is now afraid to talk about her complaints so she evades the questions.
 
Yet if you don't do something to raise the issue, the courts that have sufficient authority to answer the question don't have the right of original review. So if you don't test the law, you can't know what it actually says in practical terms.
The President (like every other Federal employee elected or not) swore an oath to uphold the Constitution, not see what he get away with. It is not just the courts who should be enforcing the Constitution, but everyone.

If Trump wants expedited deportation procedure, he needs to go to Congress for that. However, deportation without a hearing is always going to violate the due process clause.
 
In the case of Abrego-Garcia, he had not one but TWO hearings that resulted in declaring him to be an MS-13 gang member AND in issuing a proper deportation order. He HAD his due process. The declaration of MS-13 as a terror organization voided the order delaying his deportation pending an asylum hearing. There IS no asylum for a member of a terror organization. In his case, you are advocating delaying tactics to prevent execution of lawful deportation orders. You say he wasn't here long enough. I say he was here too long.

Some of the other cases bother me more, such as actions against Muslims who participated in rallies. As dangerous as extremist Islam can be, there is a question regarding free speech.
 

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