Jamie Raskin
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It's almost certainly unconstitutional. I mean, there was a form of punishment called banishment that existed in the colonial era where people would be banished from their community and exiled. And I suppose that's what they're talking about doing.
It's almost certainly unconstitutional. I mean, there was a form of punishment called banishment that existed in the colonial era where people would be banished from their community and exiled. And I suppose that's what they're talking about doing.
The Supreme Court or any rational Supreme Court, I should say, would probably find that this violates the ban on cruel and unusual punishment in the Eighth Amendment. But in any event, it certainly violates due process to send anybody to a foreign prison or a domestic prison, for that matter, without due process, without a hearing. That's what due process means.
The Supreme Court or any rational Supreme Court, I should say, would probably find that this violates the ban on cruel and unusual punishment in the Eighth Amendment. But in any event, it certainly violates due process to send anybody to a foreign prison or a domestic prison, for that matter, without due process, without a hearing. That's what due process means.
And these are the two most beautiful words in the English language, because that's what stands between us and us. arbitrary dictatorial power. If anybody were to go down the road of trying to create foreign prisons for American citizens, it would have to be the United States Congress because we are the lawmaking power. So this is another constitutional principle that gets trampled in the process.
And these are the two most beautiful words in the English language, because that's what stands between us and us. arbitrary dictatorial power. If anybody were to go down the road of trying to create foreign prisons for American citizens, it would have to be the United States Congress because we are the lawmaking power. So this is another constitutional principle that gets trampled in the process.
It's not up to the president to just make up some idea of foreign prisons and start it. The Supreme Court said in the Steele seizure case in 1952, the president derives his powers from only two places. One, the Constitution. There's nothing in the Constitution that gives the president the right to do that. And two, an act of Congress authorizing the president to do it.
It's not up to the president to just make up some idea of foreign prisons and start it. The Supreme Court said in the Steele seizure case in 1952, the president derives his powers from only two places. One, the Constitution. There's nothing in the Constitution that gives the president the right to do that. And two, an act of Congress authorizing the president to do it.
And that, of course, has not happened either. So it's a violation of the separation of powers, a usurpation of congressional lawmaking power, and almost certainly a brutal violation of due process. and of the Eighth Amendment ban on cruel and unusual punishment.
And that, of course, has not happened either. So it's a violation of the separation of powers, a usurpation of congressional lawmaking power, and almost certainly a brutal violation of due process. and of the Eighth Amendment ban on cruel and unusual punishment.
Not very, no. You know, we're living in something like a gangster state right now where people like Eric Prince think that they've got the right to take taxpayer resources to set up offshore prisons and justice systems or injustice systems that have nothing to do with the American rule of law and due process.
Not very, no. You know, we're living in something like a gangster state right now where people like Eric Prince think that they've got the right to take taxpayer resources to set up offshore prisons and justice systems or injustice systems that have nothing to do with the American rule of law and due process.
So I imagine that they look at Guantanamo Bay as some kind of towering example of what they'd like to reproduce all over the world. We have to stop that, obviously, to prevent a slide into complete dictatorship. Look, Donald Trump is a convicted criminal. Could he be sent off to a foreign prison? You know, you're separating people from their families.
So I imagine that they look at Guantanamo Bay as some kind of towering example of what they'd like to reproduce all over the world. We have to stop that, obviously, to prevent a slide into complete dictatorship. Look, Donald Trump is a convicted criminal. Could he be sent off to a foreign prison? You know, you're separating people from their families.
You're separating people from their lawyers, implicating the right to counsel. And you're engaging in a form of punishment, banishment, which hasn't been seen for centuries, really.
You're separating people from their lawyers, implicating the right to counsel. And you're engaging in a form of punishment, banishment, which hasn't been seen for centuries, really.
Well, that's right. You know, we should be talking about cutting off aid to El Salvador right now. The whole idea. that Bukele doesn't have any power to return an American prisoner who was sent to him under an agreement where he's getting paid $6 million by America is ridiculous. He's our legal agent in this dubious arrangement they've created. Of course he's got the power to return them.
Well, that's right. You know, we should be talking about cutting off aid to El Salvador right now. The whole idea. that Bukele doesn't have any power to return an American prisoner who was sent to him under an agreement where he's getting paid $6 million by America is ridiculous. He's our legal agent in this dubious arrangement they've created. Of course he's got the power to return them.
So he and Trump are just acting like a couple of dictators having fun at the expense of A man's life and his family, and they want to be able to do that all over the place. So I like that idea. And it's a compliment to something that we need to be doing right now, which is engaged, engaging in far more work.
So he and Trump are just acting like a couple of dictators having fun at the expense of A man's life and his family, and they want to be able to do that all over the place. So I like that idea. And it's a compliment to something that we need to be doing right now, which is engaged, engaging in far more work.