Astute piece, Rob. Getting “under the hood” of the madness. These people are so flawed and puny, and we must be subjected to them.
Your last two sentences capture well our dilemma, and what we must do.
“But by its very nature, authoritarianism is just a system that takes an entire country and wraps us all up into the personal psychodrama of a deeply damaged mind.
That’s why we bind down leaders with objective rules that limit their power. We might want to start doing that again.”
We must fight, fight, fight to preserve our freedom against this tyranny of tiny minds.
I appreciate the detailing an dissecting of what his happening with Garcia. Ignoring habeas corpus is a serious issue. I do, however, have some questions:
1. Legally, what are the rights of illegal immigrants regarding corpus (particularly if one is suspected of further crimes)? (I appreciate this is very broad - perhaps someone can give general guidelines?)
2. Given (I presume) that illegal immigrants are breaking laws simply by being present illegally, what legal rights does an illegal immigrant have if the federal government decides to deport such individual?
3. What would you suggest the government do with illegal immigrants broken down by those who are suspected of (or have been proven to have committed) crimes and those who have not committed any further crime beyond being in the country illegally?
In its earliest Anglo-Saxon origins, it was notable that the language was so broad that is applied to everyone and not just freemen (back when forms of serfdom and slavery were still practiced).
In the US Constitution, the Fifth Amendment says that "No person...shall be deprived of life, liberty, or property without due process of law." Again, the language is broad and all-encompassing. And even when we've failed in this respect, notice that the infamous Dred Scott decisions was about an enslaved man who sued for his freedom in court--so it was technically possible even for a slave to demand due process (even if the ruling ultimately failed at that promise).
Moreover, it is impossible to guaranteeing due process for citizens without guaranteeing it for everyone, because how could you demonstrate that you are a citizen without due process?
2. Illegal immigrants are quite often not in violation of criminal law. See a little explainer by the ACLU. Simply being in the US without proper documentation is a civil offense, not a criminal one. Some people oppose the use of the phrase "illegal alien" for this reason.
But there's also a whole developed field of law about the rules under which people can be deported, the reasons for it, and the provisions under which they can apply for asylum and other protections that block their removal. The Trump administration is just straight up violating these rules. They are the law-breakers.
3. Immigrants suspected of crimes should be tried. That's what the fifth amendment indicates. No person deprived of life, liberty or property without due process of law. A mere accusation is not enough. Immigrants convicted of minor crimes are often jailed here and then released, and one of the cruelties of the current policy is that it's deporting people who have lived here for decades because of misdemeanors for which they were already punished decades ago. Immigrants who commit more severe crimes are usually jailed here and then deported.
But nothing in the Constitution allows sending them to a foreign prison that violated the 8th Amendment ban on cruel and unusual punishment.
Many thanks - I appreciate both you taking the time to respond as well as the information you've provided.
I do think that it is important to highlight where injustice is being done. What does bother me, though, is that those who are doing this never (as far as I can see) offer any solutions to the myriad problems of illegal immigration which means that the problem(s) continue (to increase) while at the same time causing various political problems in different regions and certainly socio-economic circles.
For clarification, I am for open borders but am very much in the camp that it is impossible to reconcile that with a welfare state. As an American who has lived abroad for more than half of my life (and continues to do so), I can also state from experience that the problems the US faces are tiny relative to the problems the EU and UK are experiencing given the quite wide differences in starting location and religion / culture of those who enter the US and those who enter the EU / UK (both legally and illegally). If you think anti-semitism is bad in the US, you ain't seen nothing until you come here.
I don't approve of many things Trump is trying to do regarding those who are certainly in their legal rights to be residents and also those who might be a bit more in a "grey" area. But I also am wondering why nobody is offering other and better solutions. It is all well and good to say that "Immigrants suspected of crimes should be tried" and I agree. But there are probably 10 million + illegal immigrants in the US - many of whom receive taxpayer money in various forms (I certainly also acknowledge that many contribute by working) and it is a real-life impossibility to examine each and every one, individually. And it's fine to bring up an example of a legal immigrant who might be punished for a misdemeanor from years ago - but what of the illegal immigrants? And of the ones with multiple offences?
I sympathize with Roberts because he’s between a rock and a hard place, but he’s certainly not calling balls and strikes at this point. The Court is also making it impossible for the lower courts to do their jobs by taking all of these appeals on the emergency docket and issuing such vague opinions that allow the administration to drive a truck through. At this point, they’ve created a process by which the lower courts are issuing just nonbinding arbitration orders that the AUSA can violate without repercussion.
You are right on the absurdity on tariffs, on Trump's need to be groveled to, and on the sick hypocrisy of Trump's PR people in the conservative media who kept jumping from tariffs will save America to tariffs are just negotiating ploys and back as Trump bounced around. Keep it up. I do have a question for the Trumpists. When Trump buys a really nice Rolex for his kid, is Switzerland ripping off the United States? Is Trump himself being ripped off and made a fool of by the devious Swiss who make Rolexes? If not why not?
Sorry to have to be the first to have to tell you this Robert, but just as nobody gives a flying fa that Ashley Babbitt died for a complete fing big lie, because millions of white lotus trash still be lie ve in the art of the steal, we live in Idiocracy. A majority of your fellow Americans do not give a shit about Kilroy was here legally anymore than what’s for dinner. Here we are now, entertain U.S. a bunch of guilty before even one can prove his innocence matters not if he’s “FIGHT, FIGHT, FIGHT” N a real drug war and raising hell against dem damn illegals. In the meantime, the so pretty…as she is dumb, spokesmodel for the loyal opposition A.O.C.D., one can see literal shitte for brains oozing out of her ears live on T.V. , as she cries freedom for migrants not actually being whipped by Federallies on horseback while a literal bull shit graffiti artist in a chi na shop is literally shredding the Constitution. Did I say we the living in Idiocracy, here we are now, entertaini U.S. God help U.S. Gotta run on. Thanks for taking my rant R.T. And remember, the only way to fight back against a police state is to…make like Metallicas first lp title. Jus sayin cuz talk is cheap while totalitarians, I mean a budding authoritarian is still
Ashli Babbitt still cannot be reached for comment. Not that you get my sense of humor anymore than Robert has reflected on the fact that an unfortunate number of Americans not only could give a flying fuck that our President and his willing executioners have grotesquely violated Kilroy, I mean Kilmer, et al, FIFTH AMENDMENT human right…and are languishing in an El Salvadoran gulag because our nation is overpopulated by rich white lotus trash (I.e. old people that have money and whose minds and hearts are as open as the literal POSPOTUS. Did I mention we the living in Idiocracy (do you even get the Ann Rand meets Mike Judge reference you fing troll, wut). But like I keep telling the admirable as he is just plain paperback writer, if Trump Hitler, I mean authoritarian, then do as our Founders did and declare one’s life, honor and sacred fortune is on the line right fing NOW. Gotta run on. Thanks for taking my rant you fing dope. You asked for it. And unlike you or Robert I would say that Trump dumpster fire to his face if I could, he’s the luckiest man to be alive.Peace through superior mental firepower cuz I ain’t a gun totting Republican but aim for my opponents head with my big fing mouth you
Astute piece, Rob. Getting “under the hood” of the madness. These people are so flawed and puny, and we must be subjected to them.
Your last two sentences capture well our dilemma, and what we must do.
“But by its very nature, authoritarianism is just a system that takes an entire country and wraps us all up into the personal psychodrama of a deeply damaged mind.
That’s why we bind down leaders with objective rules that limit their power. We might want to start doing that again.”
We must fight, fight, fight to preserve our freedom against this tyranny of tiny minds.
What will the US do without these millions “screwing in little, little screws to make I Phones “ Art of the Deal” my ass.
I appreciate the detailing an dissecting of what his happening with Garcia. Ignoring habeas corpus is a serious issue. I do, however, have some questions:
1. Legally, what are the rights of illegal immigrants regarding corpus (particularly if one is suspected of further crimes)? (I appreciate this is very broad - perhaps someone can give general guidelines?)
2. Given (I presume) that illegal immigrants are breaking laws simply by being present illegally, what legal rights does an illegal immigrant have if the federal government decides to deport such individual?
3. What would you suggest the government do with illegal immigrants broken down by those who are suspected of (or have been proven to have committed) crimes and those who have not committed any further crime beyond being in the country illegally?
Here are the general outlines, from my knowledge:
1. Habeas corpus applies to everyone.
In its earliest Anglo-Saxon origins, it was notable that the language was so broad that is applied to everyone and not just freemen (back when forms of serfdom and slavery were still practiced).
In the US Constitution, the Fifth Amendment says that "No person...shall be deprived of life, liberty, or property without due process of law." Again, the language is broad and all-encompassing. And even when we've failed in this respect, notice that the infamous Dred Scott decisions was about an enslaved man who sued for his freedom in court--so it was technically possible even for a slave to demand due process (even if the ruling ultimately failed at that promise).
Moreover, it is impossible to guaranteeing due process for citizens without guaranteeing it for everyone, because how could you demonstrate that you are a citizen without due process?
2. Illegal immigrants are quite often not in violation of criminal law. See a little explainer by the ACLU. Simply being in the US without proper documentation is a civil offense, not a criminal one. Some people oppose the use of the phrase "illegal alien" for this reason.
https://www.aclu.org/sites/default/files/field_document/FINAL_criminalizing_undocumented_immigrants_issue_brief_PUBLIC_VERSION.pdf
But there's also a whole developed field of law about the rules under which people can be deported, the reasons for it, and the provisions under which they can apply for asylum and other protections that block their removal. The Trump administration is just straight up violating these rules. They are the law-breakers.
3. Immigrants suspected of crimes should be tried. That's what the fifth amendment indicates. No person deprived of life, liberty or property without due process of law. A mere accusation is not enough. Immigrants convicted of minor crimes are often jailed here and then released, and one of the cruelties of the current policy is that it's deporting people who have lived here for decades because of misdemeanors for which they were already punished decades ago. Immigrants who commit more severe crimes are usually jailed here and then deported.
But nothing in the Constitution allows sending them to a foreign prison that violated the 8th Amendment ban on cruel and unusual punishment.
Many thanks - I appreciate both you taking the time to respond as well as the information you've provided.
I do think that it is important to highlight where injustice is being done. What does bother me, though, is that those who are doing this never (as far as I can see) offer any solutions to the myriad problems of illegal immigration which means that the problem(s) continue (to increase) while at the same time causing various political problems in different regions and certainly socio-economic circles.
For clarification, I am for open borders but am very much in the camp that it is impossible to reconcile that with a welfare state. As an American who has lived abroad for more than half of my life (and continues to do so), I can also state from experience that the problems the US faces are tiny relative to the problems the EU and UK are experiencing given the quite wide differences in starting location and religion / culture of those who enter the US and those who enter the EU / UK (both legally and illegally). If you think anti-semitism is bad in the US, you ain't seen nothing until you come here.
I don't approve of many things Trump is trying to do regarding those who are certainly in their legal rights to be residents and also those who might be a bit more in a "grey" area. But I also am wondering why nobody is offering other and better solutions. It is all well and good to say that "Immigrants suspected of crimes should be tried" and I agree. But there are probably 10 million + illegal immigrants in the US - many of whom receive taxpayer money in various forms (I certainly also acknowledge that many contribute by working) and it is a real-life impossibility to examine each and every one, individually. And it's fine to bring up an example of a legal immigrant who might be punished for a misdemeanor from years ago - but what of the illegal immigrants? And of the ones with multiple offences?
I sympathize with Roberts because he’s between a rock and a hard place, but he’s certainly not calling balls and strikes at this point. The Court is also making it impossible for the lower courts to do their jobs by taking all of these appeals on the emergency docket and issuing such vague opinions that allow the administration to drive a truck through. At this point, they’ve created a process by which the lower courts are issuing just nonbinding arbitration orders that the AUSA can violate without repercussion.
You are right on the absurdity on tariffs, on Trump's need to be groveled to, and on the sick hypocrisy of Trump's PR people in the conservative media who kept jumping from tariffs will save America to tariffs are just negotiating ploys and back as Trump bounced around. Keep it up. I do have a question for the Trumpists. When Trump buys a really nice Rolex for his kid, is Switzerland ripping off the United States? Is Trump himself being ripped off and made a fool of by the devious Swiss who make Rolexes? If not why not?
Sorry to have to be the first to have to tell you this Robert, but just as nobody gives a flying fa that Ashley Babbitt died for a complete fing big lie, because millions of white lotus trash still be lie ve in the art of the steal, we live in Idiocracy. A majority of your fellow Americans do not give a shit about Kilroy was here legally anymore than what’s for dinner. Here we are now, entertain U.S. a bunch of guilty before even one can prove his innocence matters not if he’s “FIGHT, FIGHT, FIGHT” N a real drug war and raising hell against dem damn illegals. In the meantime, the so pretty…as she is dumb, spokesmodel for the loyal opposition A.O.C.D., one can see literal shitte for brains oozing out of her ears live on T.V. , as she cries freedom for migrants not actually being whipped by Federallies on horseback while a literal bull shit graffiti artist in a chi na shop is literally shredding the Constitution. Did I say we the living in Idiocracy, here we are now, entertaini U.S. God help U.S. Gotta run on. Thanks for taking my rant R.T. And remember, the only way to fight back against a police state is to…make like Metallicas first lp title. Jus sayin cuz talk is cheap while totalitarians, I mean a budding authoritarian is still
Wut. LOL
Ashli Babbitt still cannot be reached for comment. Not that you get my sense of humor anymore than Robert has reflected on the fact that an unfortunate number of Americans not only could give a flying fuck that our President and his willing executioners have grotesquely violated Kilroy, I mean Kilmer, et al, FIFTH AMENDMENT human right…and are languishing in an El Salvadoran gulag because our nation is overpopulated by rich white lotus trash (I.e. old people that have money and whose minds and hearts are as open as the literal POSPOTUS. Did I mention we the living in Idiocracy (do you even get the Ann Rand meets Mike Judge reference you fing troll, wut). But like I keep telling the admirable as he is just plain paperback writer, if Trump Hitler, I mean authoritarian, then do as our Founders did and declare one’s life, honor and sacred fortune is on the line right fing NOW. Gotta run on. Thanks for taking my rant you fing dope. You asked for it. And unlike you or Robert I would say that Trump dumpster fire to his face if I could, he’s the luckiest man to be alive.Peace through superior mental firepower cuz I ain’t a gun totting Republican but aim for my opponents head with my big fing mouth you