Tag: alien enemies act

Tom’s Report on the State of Americas Democratic Health

As of April 11, 2025

Benchmarks of Democratic Backsliding and Erosion

The chaos and mayhem continue. While everyone was glued to the self-inflicted and manufactured tariff crises, democratic erosion and backsliding continued.

Of note this week were two Supreme Court’s rulings, one regarding a challenge to the government’s interpretation of the Alien Enemies Act and the other on returning a man wrongly deported to an El Salvadoran prison (also related to the the Alien Enemies Act), and two unprecedented executive orders directing the Attorney General and the Department of Homeland security to coordinate investigations on two former first term Trump administration appointees.

Trump added comedian Bill Maher to his trophy wall.

Attacks on academia, science, and books/ideas continued.

On April 7, the Supreme Court sided with Trump regarding the use of using the Alien Enemies Act to deport Venezuelans associated with a criminal gang designated a foreign terrorist organization by, guess who, Trump.  Incredibly, the Court basically held that government actions under the Alien Enemies Act are largely not subject to judicial review. The court sidestepped the constitutionality of using the Act in peacetime. The following is a summation of the ruling:

  • The plaintiffs according to the Court used the wrong argument.  The plaintiffs challenged the government’s “interpretation” of the Alien Enemies Act.  Citing a 1948 case, the Court stated that Alien Enemies Act is largely not subject to judicial review, or as they wrote, “preclude[s] judicial review.  
  • The plaintiffs should have used the Write of Habeas Corpus, which they did initially, but changed their argument.
  • The Court also removed the US District Court’s jurisdiction to hear the case.  Stating that challenges must be heard in the district of confinement.  In this case Texas, the epitome of fairness and paragon of justice.
  • The Court did say that detainees must be given notice of deportation and that they be afforded an “opportunity to be heard.”  

The Court also issued a separate ruling directing the government to return a man improperly deported to an El Salvadoran prison be returned. However, the Court’s language in the ruling was so poorly and imprecisely worded giving the government wiggle room, which apparently they exploited because the following day, at a lower court hearing, the government refused to comply with lower court judge’s order to update the court on the government’s plans to return the man. The government’s lawyer stating he had no information to relay to the court. Can’t make this stuff up.

In an unprecedented and grim move, Trump signed two executive orders directing criminal investigation into two former political appointees from his first term, Miles Taylor and Chris Krebs. The two did not support publicly support Trump’s assertion that the 2020 election was stolen and asserted that there were not indications that the election was stolen. This is meant to silence every federal employee and every Trump appointee.

You can go to menu or benchmarks above to see the full cumulative list of benchmarks being tracked.

Tom’s Report on the State of America’s Democratic Health

As of March 21, 2025

Benchmarks of Democratic Backsliding and Erosion

Leading the list of abuses this week was Trump’s unconstitutional declaration of war and invocation of the Aliens Enemies Act of 1798; timed to the mass deportation of 200 plus alleged Venezuelan gang members to El Salvador and indefinite imprisonment in a maximum security prison with a history of human rights abuses.

Compounding this mass injustice was Trump’s call to impeach the federal judge who ordered a stop to the illegal deportations, cancelation of flights, and return of flight already in the air. This judicial order — in reality invoking Habeas Corpus a legal right that goes back to the Magna Carta — was ignored. The government lawyers even had the audacity to claim that it was too late because flights were over international waters by the time the written order was received even though the judge had orally ordered the stop earlier in court to the lawyers. Ironically, the flights were over the Gulf of America. How symbolic of how low Trump has sunk.

Rep. Jim Jordan has already planned hearings regarding the judge’s legal rulings. Elon Musk made max donations to members of Congress friendly towards the idea of impeaching judges who rule against Trump.

This is what happens after years of right wing rhetoric turning migrants into criminals. We know nothing about these men because they were disappeared without due process, the right to counsel. They had become unworthy victims in the eyes of too many Americans. I get rights, you don’t. That is not how American works. I think someone famous once said, “You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor.”

Of course Trump’s speech to the assembled staff of the Department of Justice where he rallied against the illegal press is of note. This attack on the press and free speech by a sitting President at the Justice Department is unprecedented.

Of additional note, is that government lawyers have determined that the Aliens Enemies Act permits government agents to enter homes without warrants. I presume under some Frankenstein interpretation of the ‘hot pursuit doctrine’ permitted by the Supreme Court. This determination would be in conflict with the bill of rights 4th Amendments protections from government intrusions and seizures without warrants. It suggests a government inching closer to declaring martial law.

I added a Friday Follies of all the sycophantic legislative bills introduced to kiss Trump’s derrière by fawning state and federal lawmakers. Got to have some sense of humor in this time. New entries to the benchmarks cumulative list of trespasses are in bold

For the full report please go to the menu and select Benchmarks. Thanks.

Trump Declares War on Venezuelan Criminal Gang, Invoking the Alien Enemies Act of 1798

Trump invoked the Alien Enemies Act of 1798 today in order to target a criminal gang. One problem, only Congress has the sole power to declare war, the only legal prerequisite to invoke the Act. Trump has illegally overstepped his authority by unilaterally declaring war. The Act has been invoked three times in American history: War of 1812, World War l and World War ll.

This is an unprecedented and dangerous power grab. Please call or email your representatives to stop this madness. Congress must act now.