State Terrorism (Updated)

U.S. courts are aiding and abetting lawlessness.

The state terror was brought before you, judge, for adjudication. You decline to use the authority you have to demand state terror be stopped. Hence, you become complicit in this state terror. Worse, you promote and advertise the obvious criminality with mealy mouthed inquiry. Yes, the courts are facilitating and promoting the state terror at hand. What might people suffer through this obvious state terror?

• Secret no-notice, warrantless arrests of persons

• Strong arm, off-the-street seizures of persons

• Immediate transport of persons to out-of-jurisdiction detention centers

• Clandestine transfer of persons to out-of-country prisons

• Incarceration of persons with no due process.

Two different meetings with Trump. It is always staged for the carnival barker, a convicted felon that should be incarcerated out of country.

Put simply, the Court told the Justice Department that it is fine to ignore a trial judge’s order, and even an appeals court order. When push comes to shove, SCOTUS will make Trump’s problems go away. Here’s the underlying story: Trumpers have been claiming thoughtlessly that:

The president may invoke the Alien Enemies Act, which is reserved for times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. That has not happened here.

The president’s position is laughable on its face. The president has inherent authority to repel these kinds of sudden attacks. That authority necessarily implies some discretion to decide when an invasion or predatory incursion is underway, but not to redefine the true meanings of the words invasion of and predatory incursion onto U.S. territory.

The Alien Enemies Act (AEA) of 1798 is a wartime authority enacted and implemented under the war power. When the Fifth Congress passed the law. The Wilson administration used it on Poncho Villa. The Wilson administration then defended its use in court during World War I. Wilson did so on the understanding that noncitizens with connections to a foreign belligerent could be “treated as prisoners of war” under the “rules of war under the law of nations.” The AEA envisions three uses.

• War is declared by Congress

• In the Constitution and other late-1700s statutes, the term invasion is a vernacular used literally. This refers to large-scale attacks.

• The term predatory incursion is also used literally in writings of that period to refer to slightly smaller attacks like the 1781 Raid on Richmond led by American defector Benedict Arnold. Also note Poncho Villa with his Mexican militia made incursions into the U.S. and attacked towns in New Mexico. Also note the term predatory, and surmise its meaning in the context of U.S. territory. I get that an incursion would be intended to steal our sovereign land.

The Constitution handed Congress, not the president, the power to declare war. That was a studied opinion to remove this discretionary authority from one person to a more measured, deliberative body. Congress is representative of every state comprising the United States. The president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. Hence President Franklin Roosevelt addressed Congress to have war declared on Japan BY CONGRESS.

I give you that the president cannot wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion into U.S. territory. Immediate response is too important to wait; however, today’s anti-immigration xenophobics and racist groups urge a non-literal, out-of-context reading of invasion and predatory incursion that I neither buy, nor countenance. In an offensive, diabolical, twisted reading of the Alien Enemies Act, they present illogically that it can be invoked in response to migration, immigration, and cross-border trafficking.

The misuse of the Alien Enemies Act is criminal, and the U.S. Supreme Court overlooked that fact purposefully. They should be held to account by citizens. I think tarred and feathered was in vogue when the act was written, if you are an originalist.

The Alien Enemies Act is not a turbocharged deportation authority. However, xenophobics and racists’ contrived, disingenuous reading of the Alien Enemies Act is at odds with centuries of legislative, presidential, and judicial practice, all of which confirm that the Alien Enemies Act is a wartime authority. Invoking the Alien Enemies Act in peacetime to bypass conventional immigration law is criminal.

The chief justice cut the legs out from under Judge Boasberg in an unsigned order (drafted in Roberts’s signature, affable style). ignoring the criminal use of the Alien Enemies Act.

The majority turned a blind eye to the egregious conduct of the Administration to focus on semantics: “effectuate” and “facilitate”.

The Trump Administration’s cruelty is aided by a court having neither regard for a person’s rights, nor compassion for a person wrongfully abused and tortured.

How cute! Worse, by heading off an impending confrontation between the Trump administration and the trial court, the Court implicitly blessed and further promoted the president’s strategy of defiance. I am disgusted with the Supreme Court because of its inability to rise to this occasion of our Nation’s need. This is not right. The question is, what are we going to do about it?

The Road Ahead. Trump already asked our military to shoot our citizens on the streets, “Can we shoot them in the legs?”), but the military refused. Now he plans to arrest protestors. You know about how far with this that Trump will go, but no one knows what will unfold. Grab a flashlight, because we are at a dark fork on this American road.

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