Art Arthur
speaker
206 appearances
2 recordings
1 series
first heard Mar 2025
last heard 14 Feb
Art Arthur’s voice in public audio — every appearance, attributed to the second.
Trend
recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Feb 2026 with 1.
Appearances
national security related information and in fact national security has been one of those things that's come up in the court case against this so you know it's
I'm not going to say it's a stretch, but it's definitely a novel interpretation of the Alien Enemies Act, which I think was last used during World War II when certain German, Italian, and primarily Japanese Americans were sent to internment camps. Now, again, none of these people are being detained in the United States. They're being sent out of the United States.
Yeah, the judge in question is Judge Jim Boasberg, who is the chief judge of the district court for the District of Columbia. And he is considering a lawsuit, a challenge to the president's use of the Alien Enemies Act. to deport individuals from the United States.
And generally, when the judiciary gets involved in any situation like this, the first thing that they do is tell everybody to just stop, hold on, so that the court has the opportunity to determine what's going on. He issued a temporary restraining order, which is, you know, that sort of just stop for a moment so I can figure it out.
As it relates to the foreign policy of the United States and Judge Boasberg's order, it gets into a question that the Trump administration had to deal with the first time around, and that is nationwide or universal injunctions. Generally, when you go into a court of law, you're arguing your case on behalf of yourself. Apparently, none of the people who were actually parties to that suit
were removed from the United States. The individuals who were removed from the United States were a larger class of individuals who weren't actually named parties. So, you know, the pushback from the Trump administration, in part, has to do with those universal jurisdictions, particularly given the fact that apparently these planes were outside of U.S.
airspace and therefore outside of the United States. But whenever the president attempts to use any of these novel authorities, he's going to get pushback. The question is how quickly the courts can move. The first time around, courts didn't move very quickly. And so a lot of Trump administration policies were simply sidelined indefinitely.
This time around, the administration's interested in having everything move a lot more quickly, having the courts issue decisions or alternatively not act at all and just let things proceed while the dust settles. So we're going to see how that ends up. All of this is going to the Supreme Court.
Yeah, that's certainly the position that the Trump administration is making. You know, that, you know, courts don't get to decide foreign policy, courts don't get to decide defense policy. So when it comes to certain, you know, critical issues, You know, plenary powers that the president has, the power of the judiciary is extremely limited.
In fact, even the Supreme Court has found that in the past in some very high profile cases. So, yeah, I mean, you know, the idea that a federal judge has the ability to order the United States government to return a person who's not a United States citizen from a prison that's not run by the United States. definitely wades into some novel legal issues.
Again, that's why I said the Supreme Court's ultimately going to have to decide this because short term, no solution is going to make everybody happy. And the Supreme Court, not because they're the best, but because they're the last.
Yeah. And, you know, that's an interesting thing, Mike. One of the things that Donald Trump has done during his second go round is that he's identified a lot of what we call in politics 80-20 issues where about 80% of the American people feel one way and a minority of people feel the other.
As it relates to the rights that gang members or cartel members, it's important to note the TDA isn't just a gang. They're a well-organized group that started in a prison in Venezuela and since has become a criminal enterprise of the highest order.
There aren't many Americans who are going to be concerned about the rights those individuals have, and even fewer Americans who want those individuals to remain in the United States. So I think that politically, the president is on great grounds. Picking a fight with the chief justice of the Supreme Court may not win him many friends.
But I think that the American people want somebody who's going to do something to respond to the crime, especially the ailing crime that we've seen over the last four years. And that's definitely the marching orders the president got from the election. And he's followed. Okay.
It's the only one that I'm aware of. I anticipate that there are probably more TDA members and perhaps some other cartel members. It's important to note that the president tasked Secretary of State Marco Rubio, DHS Secretary Kristi Noem, and Pam Bondi, the Attorney General, with identifying groups that should be designated as foreign terrorist organizations, and that includes cartels.
You know, the Mexican cartels, we think about CJNG, the Jalisco New Generation cartel, Sinaloa, Gulf, some other smaller cartels. Those have now been designated, and the president could potentially use that same authority because his conclusion is those cartels have also invaded the United States. So stay tuned. There might be more flights taking off soon.
That's one of the hooks. The other hook is this whole idea of invasion, that these groups have you know, that they are, you know, de facto political organizations and that they have invaded the United States. So that's the hook that the president's using. Again, it's a novel hook. I can't say that it's completely fallacious hook or that it has no, you know, legal standing.
You know, this is definitely a power that, you know, At the time that the Alien Enemies Act was passed, we were concerned about pirates. We were concerned about smuggling. There were cases, you know, from Alexandria, Virginia involving smugglers.
So, you know, this is, you know, definitely one of those things that your textualist judiciary is going to be very interested in exploring and determining whether this is an appropriate use of the power.
Showing 161–180 of 206 · page 9 of 11
← Previous
Next →