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Jamie Raskin

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942 total appearances
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Pod Save America
This Is the Fight Democrats Need To Have

But it's a lawless situation and we have to see to it that the Supreme Court's 9-0 decision is actually enforced. There's no argument. for what the administration has done here, none whatsoever, which is why you even had Thomas and Alito and the right wing on the court agreeing there's gotta be due process. Otherwise, we are living in an authoritarian police state.

Pod Save America
This Is the Fight Democrats Need To Have

If anybody can be swept off the street and just transported to a torturer's prison in another country, then all is lost because if they can do it to a non-citizen, they can do it to a citizen because the only way you can prove you're a citizen is if you have a hearing.

Pod Save America
This Is the Fight Democrats Need To Have

If anybody can be swept off the street and just transported to a torturer's prison in another country, then all is lost because if they can do it to a non-citizen, they can do it to a citizen because the only way you can prove you're a citizen is if you have a hearing.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.

Pod Save America
This Is the Fight Democrats Need To Have

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.