Scott Bessent
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Appearances Over Time
Podcast Appearances
There's no involvement of Article 3, the federal court system.
There's no involvement and it's never been that way.
And it's for good reason.
It's because these are cut and dry civil offenses.
This goes to the ultimate authority of any national government anywhere across the world.
We're not talking about really complicated legal trials that are an issue that need to be heard before an Article 3 judge.
And it's going to go to the Court of Appeals and then the Supreme Court.
And there's going to be some massive precedent setting case that's going to arise that had to arise in an Article 3 district court context.
Everybody knows any time you get involved in litigation in federal court, it's going to take time.
it's going to take years to adjudicate a civil claim.
It often takes a lot, it can take, depending on the complexity, a long time to adjudicate criminal cases.
So with that background and that table setting, imagine if ICE, every time that they wanted to go arrest an alien,
Instead of being able to do it on their own, like Congress directed in the immigration laws, ICE has authority to conduct warrantless arrests in many different circumstances.
And the warrants that they do use are administrative civil warrants.
But now imagine if they had to go to a federal judge every single time that they wanted to go arrest an illegal alien, they wanted to engage in some kind of action, it would crush the federal court system.
The volume would be absolutely crushing.
There's already one point something million cases pending in the immigration courts today.
There are millions of illegal aliens who are here today.
It would suck up every resource that's present in the federal government now to be able to adjudicate these matters.
And so it's for good reason that they're not currently done that way.