If you get a speeding ticket in Italy, lose in court, then lose an appeal, you have to pay the ticket and GO HOME. They shipped him back to his home country. |
Blanket assertions of violation of due process are never a smoke screen. What is happening with deportations to El Salvador is wrong. Ignoring court orders is wrong and hugely concerning. However, we cannot claim to be a rule of law democracy if we don’t scrupulously follow the rule of law under the most challenging circumstances and even when the alleged acts are heinous. We cannot be a moral beacon so long as Guantanamo is open and we are holding prisoners there. It is long past time to close Guantanamo. From an article in the NYT on April 21, 2025 https://www.nytimes.com/interactive/2021/us/guantanamo-bay-detainees.html Since 2002, roughly 780 detainees have been held at the American military prison at Guantánamo Bay, Cuba. Now, 15 remain. Of those, 9 have been charged with war crimes in the military commissions system — seven have yet to be put on trial and two have been convicted. In addition, three detainees are held in indefinite law-of-war detention and are neither facing tribunal charges nor being recommended for release. And three are held in law-of-war detention but have been recommended for transfer with security arrangements to another country. Why this is relevant is after 9/11 too many people were fine with what was going on at secret prisons around the world and Guantanamo Bay. I remember being so perplexed how, John Yoo, the author of the Torture Memos wasn't disbarred and stayed a professor at UC Berkeley. Here is an interview with Madeline Brand on All Things Considered back in 2010 interviewing John Yoo after publishing a book. Read this and think someone on Trump's team must have his book: I recently spoke with John Yoo about those memos, any regrets he may have - he does have one, and why he thinks it's important for a president to be so powerful. Professor JOHN YOO (Law, University of California, Berkeley; Author, "Crisis And Command"): We need a powerful president because we have periods of emergency, crisis and even war where we need part of the government that can act quickly in response, that the powerful president isn't necessary all the time. It's someone who we need to come forward and address unforeseen events and circumstances. BRAND: You argue in the book that the greatest presidents come forward during times of crisis to do that, to seize power when they can, and to expand the role of the executive. Prof. YOO: That's right. You look at who most scholars think are our greatest presidents, men like Washington, Lincoln and FDR. These are presidents who were no shrinking violets. They embraced their power. They used their powers vigorously to attack the challenges of their day and often - or sometimes in direct conflict with the Congress and the Supreme Court. The other thing is that we have had bad presidents. And one thing I try to do in "Crisis And Command" is write about some of our bad presidents. And often, they were people who when confronted by these same challenges, retreated and shrunk into a shell, and asked Congress or the courts to take the lead. BRAND: But when we were looking at what is commonly called the war on terrorism, it's often seen as an unending war. And so, how do these powers get put back in the bottle if you have an unending war? Prof. YOO: I share your concerns. And the hard thing is how do we figure out when the war against al-Qaida, the war with other terrorist groups is going to be over, when they're not a nation state. There's no territory to conquer. There's no armies to fight in the field. How do we know when the war is over? I think that's a very fair and difficult question because it's that point when the president's powers will recede. |