WASHINGTON, DC - An Obama-appointed judge appears to have gotten way out of his lane Saturday when he attempted to halt the deportation of violent gang members to an El Salvadoran prison, The Gateway Pundit reports.
Federal District Judge James Boasberg, a partisan hack who was prominent in the incarceration of January 6 political prisoners, granted a temporary restraining order (TRO) in an attempt to stop the Trump administration from deporting violent members of the Tren de Aragua criminal gang, which President Trump has declared to be a threat to national security as a terrorist organization. The administration invoked the Alien Enemies Act to remove the members from the U.S.
In an appeal filed by the far-left groups the ACLU and Democracy Forward in a leftist-friendly Washington, D.C. courtroom, Boasberg happily agreed to put a restraining order on the administration to ostensibly stop the deportation of TdA gang members. Unfortunately for the plaintiffs and Boasberg, the aircraft carrying the violent criminals was out of US airspace by the time he issued his verbal TRO.
Who is Judge James Boasberg? He allowed the use of 1512c2–an Eron-era corporate fraud obstruction statute used to persecute January 6 protesters. According to investigative journalist Julie Kelly, Boasberg oversaw over 70 Jan 6 cases, all of which ended up in either guilty pleas or conviction at trial. It was an unprecedented 100% conviction rate.
Boasberg, who has an affinity for violent gang bangers, imposed prison time for even the most minor of offenses, Kelly wrote, including merely “parading” at the US Capitol.
As an example, Boasberg sentenced a 60-year-old woman from Pennsylvania, Sandra Weyer, who committed no violence at the “great insurrection,” to 14 months in prison using the Enron corporate fraud charge.
In another case, Boasberg sentenced Cynthia Ballenger to federal prison for four months for a conviction of four minor misdemeanors.
A former New York City police officer, Sara Carpenter, received 22 months in federal prison from Boasberg on counts of unlawful obstruction, nonviolent civil disorder, and some misdemeanors.
Fox News reported that Boasberg served as the presiding judge of the FISA Court from 2020 to 2021 after being appointed in 2014. That court, you may recall, authorized surveillance of some members of President Trump’s 2016 campaign.
Boasberg also oversaw the sentencing of former FBI attorney Kevin Clinesmith, who pleaded guilty to doctoring a 2017 email where he asked to extend surveillance permissions for a wiretap of former Trump campaign adviser Carter Page.
Instead of sentencing Clinesmith to prison, Boasberg gave him 12 months of probation and 400 hours of community service. Boasberg said Clinesmith’s involvement in a years-long media “hurricane” was sufficient punishment.
“Anybody who has watched what Mr. Clinesmith has suffered is not someone who will readily act in that fashion,” Boasberg said at the time.
President Trump invoked the Alien Enemies Act on Tren de Aragua after he issued executive orders declaring the administration would secure the borders of the United States, which included “removing promptly all aliens who enter or remain in violation of Federal law.” Trump then noted in a White House release on March 15 that “Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”
The president also noted that TdA “is closely aligned with, and indeed has infiltrated, the [Venezuelan President] Maduro regime, including its military and law enforcement apparatus.”
The Alien Enemies Act states: Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upwards, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.” [emphasis added]
The Alien Enemies Act is a power authorized to the Executive Branch and based on a Supreme Court decision [Ludecke v. Watkins, 335 U.S. 160 (1948)], the Alien Enemy Act “precludes judicial review of the order" (Pp. 335 U.S. 163-166).
In the decision, the majority wrote:
"Such great war powers may be abused, no doubt, but that is a bad reason for having judges supervise their exercise, whatever the legal forums within which such supervision would nominally be confined.”
[...]
“Accordingly, we hold that full responsibility for the just exercise of this great power may validly be left where the Congress has constitutionally placed it–on the President of the United States. The Founders, in their wisdom, made him not only the Commander in Chief but also the guiding organ in the conduct of our foreign affairs. He who was entrusted with such vast powers in relation to the outside world was also entrusted by Congress, almost throughout the whole life of the nation, with the disposition of alien enemies during a state of war…”
The law provides, and the Supreme Court affirmed in 1948, that the Executive Branch in the person of the President–not a left-wing partisan hack judge–possesses the authority to invoke the Alien Enemies Act and to proceed as he sees fit.
Trump senior adviser Stephen Miller completely eviscerates a left-wing hack reporter from CNN who has zero understanding of the Alien Enemies Act.
So, Judge James Boasberg…stay in your lane.
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