Corey Robin suggests that what is perhaps most striking about the blistering attack on Trump's position on Abrego just issued by the 4th Circuit Court of Appeals is that it's written by the same judge who ruled in Hamdi v. Rumsfeld (2003) that Hamdi, an American citizen, could be held indefinitely without trial, because even though the Afghanistan war was over, the president's authority, particularly in war, is broad and the judiciary must defer to it.
This was a radical right position back then--overturned by SCOTUS 6-3. But now the same Judge says that throwing someone away with no due process should shock the conscience of Americans.
excerpts from US Fourth Circuit finding in Abrego Garcia v Noem:
"The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear."
"The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government
is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. . . . Moreover, the government has conceded that Abrego Garcia was wrongly or “mistakenly” deported. Why then should it not make what was wrong, right?"
#USpol #Habeus #DueProcess
https://storage.courtlistener.com/recap/gov.uscourts.ca4.178400/gov.uscourts.ca4.178400.8.0.pdf
Needs Fixin'
Elisabeth M
C.
PaulDavisTheFirst
Kirk Becker
emeritrix
Led By Gilded Fools