Reply to Trump colludes with foreign dictator to keep innocent man in jail, solely to prove that Trump is above the law.

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Reply to "Trump colludes with foreign dictator to keep innocent man in jail, solely to prove that Trump is above the law. "

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It’s pretty amazing who you guys will line up to protect. This guy never should have been here in the first place and no judge can change that.[/quote]

Due process. It is in the constitution. Everyone gets due process in this country. Even the most blatant criminals. Even non-citizens. You and I don’t get to choose who gets their day in court. The constitution is quite clear, and you know this. So do you just not agree with the constitution? Do you not think we need to follow it any longer?[/quote]

DP.  He would get Due Process if he were in the U.S.  But he's not.

Some administrative errors cannot be fixed if a sovereign country is involved.[/quote]

So as long as he can get a plane into international airspace before anyone can get the courts to act, whoever is inside will be El Salvador’s problem. 
[/quote]

If the President is acting within his legal authority, then yes he can. As for the current situation, there was an administrative error. Unfortunately, there is no remedy because of the involvement of a foreign government having custody of its own citizen. It seems like folks here want a federal court to order (or enforce an order) the President to exercise his Article II powers, under threat of contempt of court, which the Supreme Court has expressly prohibited.

So where are we now?  The El Salvador government will likely provide the US Government with an official notice that the gang conditions existing In 2019 no longer exist. Therefore, any prohibition on removal from the US is now moot. The El Salvador government could also find that he is a member of MS-13 and keep him locked up. That would be the internal affairs of a foreign country in which the US Government - and federal courts cannot interfere. 
[/quote]

Then the AEA is unconstitutional.  The Court ruled 9-0 that persons being deported have a constitutional right to due process.  The administration has shown that administrative errors are real.  They are not mere remote possibilities.  Since an administrative error leads to an irremediable constitutional violation, the Act fails in its entirety.

Now for this guy.  What remedy do you propose?  Or are violations of the constitution by the government simply oopsies?[/quote]

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