“Due Process” A Terrorist’s Best Friend?

The brawl between Trump & a single woke trial court over whether to lift the nationwide TRO blocking mass removals under the old Alien Enemies Act may NOT turn on Separation of Powers Clause in Constitution but its DUE PROCESS one.

As one appellate judge rightly or wrongly said, “Nazis got better treatment” than those herded onto flights to a prison in El Salvador. The not so hidden issue may not be so simple as federal judges trying to tell the President & his team how to do their job in protecting the country from bad hombres under Article II of the Constitution, but the Constitution’s clever “Balance of Powers” approach when it stuck in a broad “Due Process” of Law caveat meant to give even creeps some kind of a fair hearing before being sent to hell. The Founding Fathers’ idea of course was not so much to protect the creeps, but the occasional innocent somehow caught up in the fray. It happened in Colonial Boston then and presumably can now. As TRO Judge Boasberg insisted this week, the deportees should have been given a chance to argue they weren’t Tren de Aragua members on the USA’s “terrorist” list, although he doesn't say HOW HE would have done that. The DOJ is unequivocably arguing that that judicial demand in the current state of affairs is an “unprecedented” intrusion upon the President’s anti-terrorist war & foreign policy powers ... and at the hands of a single federal trial judge who acts like he knows better than the Commander in Chief how to protect the USA. Former AG Barr calls Boasberg's TRO "absurd."

So, what will the Supreme Court say, assuming it decides the case? The Court’s three woke libers won't, for once, necessarily vote for a nationwide ban since Justice Kaganin 2022 told a NU Law School crowd "It can't be that one district judge can stop a nationwide policy in its tracks." Then again, the 5 conservatives haven't always been voting in lock step & it's not a total stretch to bet one or two, like Chief Justice Roberts and/or Justice Barrett, could while reaffirming the president’s broad & sweeping Article II powers, especially in war or even in terrorist times, struggle with the “Due Process” caveat. If so, they may require some kind of opportunity for even gangbangers to beg how misunderstood they are & suggest, “It’s what still separates Americans from the British in 1776” ... even tho Lincoln during the Civil War begged otherwise when he suspended Habeus Corpus aka Due Process.

Davd Soul