Lee Gelernt

And these Venezuelan men who have been sent to El Salvador, as the video already suggests, are in real danger. But the second reason this is so big is what you also talked about, is beyond just the Alien Enemies Act, The Trump administration seems to be basically saying the federal courts should stay out of their business.

And these Venezuelan men who have been sent to El Salvador, as the video already suggests, are in real danger. But the second reason this is so big is what you also talked about, is beyond just the Alien Enemies Act, The Trump administration seems to be basically saying the federal courts should stay out of their business.

But of course, our entire country is premised on the idea that we have three equal branches of government and both Congress and the president will listen to the federal courts. We were very concerned that the administration just simply ignored and violated the court's order to turn their planes around. And so we told the judge we were concerned about it, given all the facts.

But of course, our entire country is premised on the idea that we have three equal branches of government and both Congress and the president will listen to the federal courts. We were very concerned that the administration just simply ignored and violated the court's order to turn their planes around. And so we told the judge we were concerned about it, given all the facts.

He said, let's get in here for a hearing. We left that hearing even more concerned than we were initially. I mean, the administration tried to first say, well, we didn't think you meant this and that, but obviously they clearly understood what the order meant. They're basically just saying, don't interfere with us. And they even went as far as going to the D.C.

He said, let's get in here for a hearing. We left that hearing even more concerned than we were initially. I mean, the administration tried to first say, well, we didn't think you meant this and that, but obviously they clearly understood what the order meant. They're basically just saying, don't interfere with us. And they even went as far as going to the D.C.

Circuit a few hours before the hearing to try and get the judge thrown off the case. I mean, this is really extraordinary. And what I said in the hearing was,

Circuit a few hours before the hearing to try and get the judge thrown off the case. I mean, this is really extraordinary. And what I said in the hearing was,

I wanted to be very careful with my words, but I felt like, although a lot of people throw around the term constitutional crisis, we were moving in that direction if the administration is really not going to allow federal courts to do their job.

I wanted to be very careful with my words, but I felt like, although a lot of people throw around the term constitutional crisis, we were moving in that direction if the administration is really not going to allow federal courts to do their job.

Yeah, so I think that's the right question. So the judge will have all the normal types of sanctions and contempt orders that he can issue. But truthfully, we are much more concerned with our clients who are now sitting in a Salvadoran prison. Generally speaking, a federal court cannot order another country to do something

Yeah, so I think that's the right question. So the judge will have all the normal types of sanctions and contempt orders that he can issue. But truthfully, we are much more concerned with our clients who are now sitting in a Salvadoran prison. Generally speaking, a federal court cannot order another country to do something

We think this may be different because we actually think that El Salvador is almost like serving as a private prison with the U.S. footing the bill. And so we were going to, for sure, if he finds that they violated the order, we are for sure going to ask him to get these men back. Because there's no question the United States government has the leverage to do it.

We think this may be different because we actually think that El Salvador is almost like serving as a private prison with the U.S. footing the bill. And so we were going to, for sure, if he finds that they violated the order, we are for sure going to ask him to get these men back. Because there's no question the United States government has the leverage to do it.

And we're going to say they're still constructively in U.S. custody. But, you know, that will be our first concern. Whatever other sanctions or contempt orders we ask for, I think will be a secondary concern.

And we're going to say they're still constructively in U.S. custody. But, you know, that will be our first concern. Whatever other sanctions or contempt orders we ask for, I think will be a secondary concern.

Oh, for sure. And what we have said is two things. One is that this wartime authority cannot be used because Congress has said very, very clearly it can only be used where the United States is in a declared war with a foreign nation, a foreign nation, or a foreign nation is invading us.

Oh, for sure. And what we have said is two things. One is that this wartime authority cannot be used because Congress has said very, very clearly it can only be used where the United States is in a declared war with a foreign nation, a foreign nation, or a foreign nation is invading us.

If the president can just simply say, well, every time we think there's a criminal group that's dangerous, no matter what nationality, we're going to just send them off. That's very dangerous. But the other part of this is that there's zero due process. So let's just assume for the moment that the Alien Enemies Act can be used against a non-state actor.

If the president can just simply say, well, every time we think there's a criminal group that's dangerous, no matter what nationality, we're going to just send them off. That's very dangerous. But the other part of this is that there's zero due process. So let's just assume for the moment that the Alien Enemies Act can be used against a non-state actor.