Federal Judge Freezes Trumpster’s Deportation Flights

1  I think you're wrong.  The law says OR not and.  That means there does not have to be a declared war, only that an invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government .  If you claim there must be a declaration of War, then the meaning of OR and everthing that follows it has no meaning..

2  If you actually read the link I proved to the declaration you'd see that it declares that the Tren De Aragua terrorist organization is actually embedded into the Maduro Regime.  Here.  Let me help you with that.  

"Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA. The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger to the United States.."   

That seems to meet the requirement of the law. and as chief executive in charge of foreign policy and our intelligence apparatus, it's the role of the executive  to make that determination in support of our national security, not some district court judge.  

Do you know what OR means?

Do you know what OR means?

Maybe read a real legal analysis of the arguments,  the history of the act and existing case law.  You might discover if you take Trump's interpatation of the law seriously then we are always at a state of war and there is no due process as people are always crossing the border and always will.

https://www.justsecurity.org/106953/invasion-executive-order-implications

This analysis' was done by an attorney that works for the CATO institute so you are even getting a conservative attorney's take. 

  The exception does not make the rule.

Ok.  We're making progress.  So now you admit that you (and everyone here claiming that there MUST be a declared war) were wrong.  In fact, for this statute to apply there DOES NOT HAVE to be a DECLARED war.  (as you and others originally claimed). 

The article you link to as evidence states (and the law obviously provides) that instead--of a Declared War (as you claimed) that a  “predatory incursion” (also a type of violent attack) is perpetrated by a “foreign nation or government.”  is the only predicate required...a much lower standard that a declaration of war..  Right?  RIGHT?   Ok.  Good.

So now the question becomes "were the voilent actions of TdA perpetrated by the Maduro regime?".  

The invocation of the Alien Enemies Act cites several arguments that in fact this 'predatory incursion' that show how these criminal gangs and declared terrorists work hand and glove with the Maduro government.  Did you even read the actual declaration?  Among other arguments it states:

"Maduro leads the regime-sponsored enterprise Cártel de los Soles, which coordinates with and relies on TdA and other organizations to carry out its objective of using illegal narcotics as a weapon to “flood” the United States. In 2020, Maduro and other regime members were charged with narcoterrorism and other crimes in connection with this plot against America."

Your contention that 'we are always at a state of war' and therefore there will be no due process for anyone ever crossing the border doesn't hold water becuase this is specific to the foreign terrorist organization tren de aragua that according to the adiministration is linked directly to the government of Venezuela.  I don't see how a lower court can interfere with a national security determination like this and claim otherwise.  I guess we'll see.

It is a wartime power and that has always been the case.  There has to be a declared war or an invasion had to have already taken place with enemy troops on the ground or there has to be imminent threat of invasion such as hostile warships off the coast. 

The reason or is in there is in the case we are invaded and Congress isn't in session to make a formal declaration of war. Back in 1798 Congress had long periods of time where they weren't in session and it was considered a part-time job back then. There wasn't modern transportation so Congress couldn't quickly get back to DC.  

Congress is in session and avaible to make a declaration of war so you don't get to the or part. 

In other words it still requires a real war. 

If you want to claim, like Trump, we are actively being invaded because migrants are crossing the border then at no time would we not be experiencing an active invasion because people are always crossing the border without authorization.  In such a scenario due process would be suspended all the time. That's Trump's end game. He wants to pretend it is a war so he can do away with due process.

My first question to the DOJ if I were the judge hearing this case would be why hasn't Trump gone to Congress and sought a declaration of war? 

Of course we know the answer is that they wouldn't give him one if he did.

The bottom line is the or isn't there as a way to bypass the requirement of a declared war. It is there in case Congress isn't avaible to declare war. 

Yes, and my last sentence covered that, as TdA is not an actual foreign nation OR government, no matter how badly you, Trump, and the MAGA horde want it to be. 

But, by all means, keep coming up with justifications for Trump to envoke the Alien Enemies Act. 

Who wants to bet that after a short delay, deportation flights continue?

Do you know what "foreign nation or government" means, idiot Trump-licking Angry Charles?

It means that a violent/predatory incursion would have to have been created/sponsored BY A FOREIGN NATION OR GOVERNMENT. If a foreign person blew up a drinking fountain in the city park, that would be the actions of an individual, NOT the nation he comes from...and therefore the 1798 Act would not apply.

I noticed that you then made a feeble attempt to "prove" that the actions of the gang Trump babbled about are/were sponsored by the Venezuelan government. There's no proof of that.

AND EVEN IF THERE WAS SUCH PROOF, STUPID ANGRY CHARLES, THERE'S NO DUE PROCESS SHOWING THAT THE INDIVIDUALS DEPORTED ARE MEMBERS OF THAT GANG.

Because you know how feeble your argument is, you quote Trump's declaration/executive order as if it were actual FACTY FACTS and DA TROOTY TROOT.

You and all the other Trump lackeys and enablers disgust me. I guess I can thank whatever gods may be that a court of law, and not you, you Trump-licking piece of shit, decided the legality of this latest Turd move.