The Supreme Court attempted to split the baby between executive “national security” power and the dynamic use of the “Alien Enemies Act” today with a ruling that temporarily blocks the Trump administration from deporting criminal alien gang members under the UEA until the criminals are afforded some undefined amount of time to appeal their repatriation status.  Essentially, this is a stall and punt routine. [READ RULING HERE]

From the Ruling, “To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18, and we grant temporary injunctive relief to preserve our jurisdiction while the question of what notice is due is adjudicated. [See post, at 13 (ALITO, J., dissenting).] We did not on April 19 —and do not now— address the underlying merits of the parties’ claims regarding the legality of removals under the AEA. We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution. In light of the foregoing, lower courts should address AEA cases expeditiously.”

The 7-2 ruling was unsigned. Justices Alito and Thomas dissented. The main opinion issued by the court was labeled “per curiam” — a term meaning that it was issued by the court as a body, rather than any individual justice. However, Justice Brett Kavanaugh wrote a separate opinion concurring in the decision. But Kavanaugh wrote that he’d prefer to have the Supreme Court dig into the legality of Trump’s Alien Enemies Act invocation right away, without waiting for the issue to be hashed out by lower courts.

(more…)

Milwaukee County Circuit Judge Hannah Dugan was indicted today by a grand jury on charges of obstruction and concealing an individual from arrest.

These are the same charges originally outlined in the criminal complaint. (1) obstructing a criminal illegal alien capture; and (2) concealing the illegal alien to avoid apprehension and arrest.

The criminal complaint against Judge Hannah Dugan reveals the judge purposefully demanded the ICE agents and FBI officials go to another part of the building to speak with the chief justice, while she guided the criminal illegal alien through the jury room to an outside exit facilitating his release.

VIA CNN – A Milwaukee County Circuit judge was indicted in federal court Wednesday following accusations that she helped an undocumented immigrant evade federal agents last month.

Judge Hannah Dugan was indicted on charges of obstruction and concealing an individual from arrest, the same charges she was originally arrested and charged with.  CNN has reached out to her attorney for comment.

Dugan is accused of helping a defendant in her courtroom evade immigration officials stationed to arrest him in the hallway outside. (read more) 

(more…)

Following her arrest for assisting a criminal illegal alien attempting to avoid capture, the Wisconsin Supreme Court has suspended Judge Hannah Dugan from all judicial proceedings.

MADISON, Wis. (AP) — The Wisconsin Supreme Court suspended a judge accused of helping a man evade immigration authorities, saying Tuesday that it is in the public interest to relieve her of her duties as she faces two federal charges.

[…] In its two-page order, the state Supreme Court said it was acting on its own initiative and not responding to a request from anyone. Liberal justices control the court 4-3.

[…] She is set to appear in court for arraignment May 15.

In addition to Mastantuono, her attorneys include Paul Clement, a prominent conservative lawyer, and Steve Biskupic, a former U.S. attorney for the Eastern District of Wisconsin who was appointed by President George W. Bush. (read more)

(more…)

Judge Hannah C Dugan of Milwaukee, Wisconsin was arrested earlier today for (1) obstructing a criminal illegal alien capture; and (2) concealing the illegal alien to avoid apprehension and arrest. [Criminal Complaint Here]

[Source – Criminal Complaint, 13 pages]

The criminal complaint against Judge Hannah Dugan reveals the judge purposefully demanded the ICE agents and FBI officials go to another part of the building to speak with the chief justice, while she guided the criminal illegal alien through the jury room to an outside exit facilitating his release.

(more…)

Attorney General Pam Bondi makes her 78th appearance on Fox News to outline the reasoning why Milwaukee County Circuit Court Judge Hannah Dugan was arrested by FBI agents earlier today for interfering with the arrest of a criminal illegal alien.

This is the second judge arrested for harboring and assisting a criminal illegal alien.  WATCH:

WISCONSIN (AP) – The FBI on Friday arrested a Milwaukee judge accused of helping a man evade immigration authorities, escalating a clash between the Trump administration and the judiciary over the Republican president’s sweeping immigration crackdown.

FBI Director Kash Patel announced on social media the arrest of Milwaukee County Circuit Court Judge Hannah Dugan, who he said “intentionally misdirected” federal agents away from a man they were trying to take into custody at her courthouse last week.

(more…)

At 1:00am on Saturday, the Supreme Court of the USA issued an injunction [SEE HERE] blocking President Trump from deporting illegal aliens identified under the Alien Enemies Act.  It was/is a bizarre order considering the lower court had not even ruled on the matter; worse yet, the Supreme Court created an imaginary “class” of aliens.

Any illegal alien who happens to also be a gang member, or illegal alien who would ‘smartly’ now claim to be a gang member, is ultimately the beneficiary of a Supreme Court order blocking their removal or deportation.  That’s how judicially insane this injunction is.

As outlined in the original injunction order, Justice Alito issued a blistering dissent, calling out seven of the justices who affirmed the order. [SEE HERE]

(more…)

It’s not the first part of the 46-page ruling [SEE HERE] by Judge James Boasberg, threatening to hold President Trump and Main Justice in criminal contempt of court, that presents the biggest problem; it’s the second part where Boasberg is threatening to appoint an independent Judicial Branch prosecutor against the DOJ and Trump that makes a constitutional crisis tilt toward a near civil war between the branches.

Outlining his determination that President Trump defied a court order, U.S. District Judge James Boasberg states, “the Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt.”

As noted by Politico, within the ruling Boasberg goes on to say:

…”if the administration doesn’t rectify the issue, the judge said he may require administration officials to testify under oath so that he can identify the specific individuals responsible for violating his order. He would then request that those individuals be prosecuted.

The judge signaled he could appoint an outside lawyer to prosecute the contempt case if the Justice Department declines to do so.” (link)

I think we all know the very select group of “beach friend” people whom Boasberg would lean toward in appointing someone to prosecute Pam Bondi and DOJ officials representing President Trump.

High on the list of possible judicial branch appointments, who would be subject to review by the authority of Boasberg himself, would be his prior friendship with a previous appointee, Mary McCord.  Or possibly Andrew Weissmann, Barry Berke, Norm Eisen, David Laufman or any other credentialed member of the Lawfare alliance.

(more…)

Many pundits and apoplectic Lawfare leftists are noting a set of four recent Supreme Court rulings favorable to the Trump administration.

The most recent ruling [pdf here] said nonprofit groups lacked legal standing to bring lawsuits challenging the firings of probationary workers at the departments of Defense, Treasury, Energy, Interior, Agriculture and Veterans Affairs.  As a consequence, the accompanying Temporary Restraining Order (TRO) is defeated.

Yesterday, the Supreme Court also ruled -generally favorable- to the Trump administration [pdf here] on the issue of Venezuelans in the United States labeled by President Donald Trump as “alien enemies.”  The justices ruled (5-4) to vacate a lower judge’s order that imposed a block on all deportations under Trump’s invocation of the Alien Enemies Act.

However, the court ruled to remove the TRO under auspices of the wrong venue for challenge; saying the deportees must challenge their status in the district court where jurisdiction of detainment takes place.

That split court ruling follows on the heels of Chief Justice John Roberts issuing an administrative order indefinitely lifting a lower court injunction [pdf here] that demanded the return of previously deported Abrego Garcia set by U.S. District Judge Paula Xinis.

In short, the Supreme Court, at least a narrow majority therein, appears to be knocking down the process of federal judge shopping to issue nationwide restraining orders against the Trump administration.  Twitter account Unseen1 has a solid and brief outline of what the court appears to be doing:

“The big win for Trump in the scotus today was not the resumption of deportations under the AEA (alien enemies act) (but that was big also). The major win was the court narrowing the federal district judges’ jurisdiction They once again narrowed the ability of the APA (administrative procedure act) which is the main law the vast majority of these unconditional judicial rulings have been made under.

(more…)

I doubt anyone in their correct and intellectually honest mind would believe this DC drawing assigning Judge James Boasberg to the recently filed lawsuit against the Trump national security cabinet members on the signal chat, was random.

There are 20 judges in the DC pool eligible to hear the case [CASE DETAILS HERE] and with a 1:20 chance, Judge James Boasberg was assigned.

American Oversight is a left-wing Lawfare outlet who sue President Trump while sipping coffee daily.  This time they are suing the administration to force govt preservation of the Signal app ‘non-classified’ chat messages that have already been published to the public.

The lawsuit issue is made moot by the Atlantic publication of the chat.  But I’m sure Boasberg will find a way to affirm the lawsuit and assign attorney fee damages to the Lawfare plaintiff.

(more…)

The Trump administration has filed notice to federal Judge James Boasberg that he is intruding into matters of which he has no competency or authority. [SEE HERE]

President Trump through the DOJ has filed notice with Boasberg that his inquiries into execution and enforcement of the Alien Enemies Act, and the deportation of criminal illegal aliens, is an intrusion into issues of national security.  The U.S constitution and prior Supreme Court rulings affirm the Judicial Branch cannot interfere.

[Source]

Additionally, the Trump administration informs the court that further intrusion into these Executive Branch matters creates a valid constitutional problem that rests solely on the shoulders of Judge Boasberg for creating it.

(more…)