Peter Keisler
👤 PersonAppearances Over Time
Podcast Appearances
much trickier to apply that toolkit when the executive branch as a whole, not simply some rogue actor in it, but the executive branch as a whole is the one that's in defiance. And in particular, and I think this is embedded in your question, a particular order that essentially directs the court or the executive branch to conduct diplomacy is especially hard to enforce.
If the court had ordered that the government pay somebody money, That's an easier matter. Or even turn the planes around, as was the case in one of these cases. That's a binary thing. You either comply or you don't. The planes turn around or they don't. But the court can't deal directly with the president of El Salvador.
If the court had ordered that the government pay somebody money, That's an easier matter. Or even turn the planes around, as was the case in one of these cases. That's a binary thing. You either comply or you don't. The planes turn around or they don't. But the court can't deal directly with the president of El Salvador.
If the court had ordered that the government pay somebody money, That's an easier matter. Or even turn the planes around, as was the case in one of these cases. That's a binary thing. You either comply or you don't. The planes turn around or they don't. But the court can't deal directly with the president of El Salvador.
So they've essentially directed the president to do what he can to get them out. Now, you know, this is an easy matter because, as I said, they're only there because we're paying to house them. El Salvador has no independent And so so the administration just needs to ask.
So they've essentially directed the president to do what he can to get them out. Now, you know, this is an easy matter because, as I said, they're only there because we're paying to house them. El Salvador has no independent And so so the administration just needs to ask.
So they've essentially directed the president to do what he can to get them out. Now, you know, this is an easy matter because, as I said, they're only there because we're paying to house them. El Salvador has no independent And so so the administration just needs to ask.
And I would just say this about that, which is that right now they've made it easy to see their contempt because they're not even asking. The attorney general has said he's not coming home. End of story. Those are her words. But let's say they were just a little bit more smarmy about it, right? Let's say they sent a letter.
And I would just say this about that, which is that right now they've made it easy to see their contempt because they're not even asking. The attorney general has said he's not coming home. End of story. Those are her words. But let's say they were just a little bit more smarmy about it, right? Let's say they sent a letter.
And I would just say this about that, which is that right now they've made it easy to see their contempt because they're not even asking. The attorney general has said he's not coming home. End of story. Those are her words. But let's say they were just a little bit more smarmy about it, right? Let's say they sent a letter.
Dear President Bukele, an unelected federal judge without, in our view, any legal basis has directed us to try to get Mr. Obrego Garcia home. So we are conveying that request, you know, your friend Marco. And President Bukele said,
Dear President Bukele, an unelected federal judge without, in our view, any legal basis has directed us to try to get Mr. Obrego Garcia home. So we are conveying that request, you know, your friend Marco. And President Bukele said,
Dear President Bukele, an unelected federal judge without, in our view, any legal basis has directed us to try to get Mr. Obrego Garcia home. So we are conveying that request, you know, your friend Marco. And President Bukele said,
looks at that letter and he can read the subtext as well as the rest of us and says no and then the administration goes back to court with a kind of a cartoon halo above its head and said well your honor we tried But he said no. Now, the court can find them in contempt because she can read the subtext just as well as President Bukele and the rest of us. But that still doesn't get the man home.
looks at that letter and he can read the subtext as well as the rest of us and says no and then the administration goes back to court with a kind of a cartoon halo above its head and said well your honor we tried But he said no. Now, the court can find them in contempt because she can read the subtext just as well as President Bukele and the rest of us. But that still doesn't get the man home.
looks at that letter and he can read the subtext as well as the rest of us and says no and then the administration goes back to court with a kind of a cartoon halo above its head and said well your honor we tried But he said no. Now, the court can find them in contempt because she can read the subtext just as well as President Bukele and the rest of us. But that still doesn't get the man home.
And it's very hard for a court to work its will directly on a process that's so necessarily entrusted to the actual carrying out and implementation by the executive.
And it's very hard for a court to work its will directly on a process that's so necessarily entrusted to the actual carrying out and implementation by the executive.
And it's very hard for a court to work its will directly on a process that's so necessarily entrusted to the actual carrying out and implementation by the executive.
Well, it potentially could, but let's talk about that because it's important to distinguish between the president's power to fire Jerome Powell and the president's power to demote him because those actually stand on somewhat different footings.