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#separationofpowers

8 posts3 participants0 posts today

In an amicus brief filed on Apr. 8, 2025 in #PerkinsCoie v. #DOJ, 27 former senior government officials of both political parties, who served in the last 7 presidential admins, confirmed that they “have never before seen or condoned an ad hominem punitive, & retaliatory order of this kind, attacking & intimidating lawyers & a law firm on the basis of their lawful activities.”

#law #Trump #Constitution #SeparationOfPowers #AbuseOfPower
justsecurity.org/110109/presid

Just Security · No, the President Cannot Issue Bills of AttainderTrump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
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In that famously hot, stuffy room in Philadelphia, windows closed for the sake of secrecy, they sweated & argued about how to limit the powers of the American executive. They arrived at the idea of dividing #power between different branches of govt. As James Madison wrote in “Federalist No. 47”: “The accumulation of all powers, #legislative, #executive, & #judiciary in the same hands…may justly be pronounced the very definition of #tyranny.”

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In the #Trump admin’s #SCOTUS application, it refers to Abrego Garcia as an “enemy alien.”

The government has claimed that Garcia was removed under the #Immigration & Nationality Act, NOT the #AlienEnemiesAct.

The Trump admin has also claimed he’s a member of M13 which is NOT covered by the #AEA, only Tren de Aragua.

documentcloud.org/documents/25

www.documentcloud.org24A949
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The admin appealed Judge Xinis’s order to the US Court of Appeals for the Fourth Circuit, which on Mon declined to intervene immediately & stay the lower court ruling.

So the #Trump admin asked #SCOTUS to intervene on an emergency basis [I think we’re in double digits now for Trump’s SCOTUS emergency applications].
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower

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#USIP’s building is privately owned by the institute & paid for through the institute’s endowment, 2 employees said, unlike its overseas programs & staff salaries, which are paid through federal funds appropriated by #Congress. “So to me this seems like the most egregious violation of the #law,” said one employee.

[Prior to this] A federal judge had condemned the process through which the #Trump admin seized control of USIP but declined a motion for a #TRO.

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#USIP & members of its fired board filed a lawsuit, naming #DOGE & its reps, #Trump & members of his Cabinet. The suit claims the #ExecutiveBranch had no authority to dismiss the leadership & staff of the institute because it was created by the #LegislativeBranch [#Congress], nor could it take over USIP’s privately owned HQ building. Briefs in the case are scheduled during April, with a hearing near the end of the month.

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Ya see now, in order for this BS to be true, the individuals would have needed to go through #DueProcess for the ofcls to make the determination:

“That order is forcing the United States to harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans.“

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Woo hoo!!!!

🚨NEW: The US Court of Appeals for DC just DENIED #Trump's request to stay Judge #Boasberg's halt on the use of the #AlienEnemiesAct.

The decision is 2-1, w/ Trump appointee Judge Walker dissenting [shocker] on jurisdictional [technical, not merits] grounds, arguing the lawsuit should have been brought in Texas.

storage.courtlistener.com/reca