Lawfare Daily: Two Appeals Concerning Alien Enemies Act Removals in Apparent Defiance of a Court Order
Summary
Roger Parloff and ACLU litigator Lee discuss two D.C. Circuit cases arising from the Trump administration’s secret use of the Alien Enemies Act to deport Venezuelan men to El Salvador in violation of a judicial order. They analyze the government’s defense of ambiguity and its attempt to shut down Chief Judge Boesberg’s criminal contempt investigation into Attorney General Todd Blanche and Judge Emil Bovee. The episode highlights the "race against the courts" and the men’s subsequent torture in a Salvadoran prison, arguing that the executive branch’s defiance of the judiciary threatens the r…
Topics discussed
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Introduction: The legal scandal and upcoming hearing
Background: The Alien Enemies Act and initial rumors
Filing the TRO and the secret proclamation
Issuance of the TRO and government's internal warnings
The flights depart and El Salvador's video release
Judge Boasberg's finding of willful violation
Whistleblower disclosures and 'fuck you to the courts'
Consequences: Torture in El Salvador and political heat
The 'race against the courts' strategy
Legal theories: Civil vs. criminal contempt
Timeline of secrecy and internal email threads
Political mockery: Rubio's 'oopsie' tweet
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Sponsors: Liquid I.V., Citizens, and Wayfair
Guest perspective: Emotions and the rule of law
Government argument: Ambiguity in the order
Rebuttal: Good faith and premeditation
Declarations and the role of career lawyers
Due process violations and upcoming arguments
Closing remarks and support for Lawfare
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