Fox News legal analyst Gregg Jarrett slammed a federal judge who tried to block the Trump administration from flying members of Tren de Aragua (TdA) to El Salvador Monday.
United States District Judge James Boasberg of the District of Columbia issued an injunction March 15 ordering President Donald Trump’s administration to turn two planes carrying members of the Venezuelan gang around. Jarrett noted that a Supreme Court decision during the presidency of Harry Truman applied to Trump’s order to deport the gang members.
“The district court judge, Brian, his name is Boasberg. He set a court hearing for tomorrow, but the higher appellate court has a hearing today to decide whether to toss out the judge’s temporary restraining order on these deportations,” Jarrett told “Fox and Friends” co-host Brian Kilmeade. “So, for now, the appellate court has jurisdiction, but it depends on what they do today. What is so troubling about Boasberg’s restraining order is he is defying the Supreme Court, which reviewed Harry Truman’s use of the Alien Enemies Act after World War II ended, and the high court said that not only is the act constitutional under the law of the land, it is not subject to judicial review by any judge.”
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“So, when a president invokes it, no judge, no court, can ever intervene, not even the Supreme Court because Congress gave the president the exclusive power that is purely political to make decisions on national security and foreign policy,” Jarrett continued. “Well, Boasberg is duty-bound, Brian, as a lower court judge, to follow the ruling of the highest court, the Supreme Court and butt out. Yet, he is brazenly ignoring the Supreme Court precedent.”
Upon taking office on Jan. 20, Trump issued several executive orders to address illegal immigration, including designating Mexican drug cartels, TdA and MS-13, an El Salvadoran prison gang, as foreign terrorist organizations. Jarrett also explained why the injunctions were being imposed so often.
“Democrats and liberal groups have been sprinting to favorable venues and preferable judges where the result is preordained in their favor against Trump. It’s known derisively as judge shopping, completely unethical,” Jarrett said. “All of these restraining orders have one common denominator: Democrat judges exceeding their authority and contorting the law to do it. They are essentially usurping the power of the president and violating the separation of powers.”
“It’s got to stop. Congress can act,” Jarrett continued. “Senator Hawley is prepared to introduce a bill to limit the authority of these judges, because, remember, Congress created the court system and the judges and they can limit and circumscribe their authority.”
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