What Is the Secrecy Power Trump’s Aides Are Using to Stonewall a Federal Judge?
The administration is invoking an extraordinary national security power, the state secrets privilege, under highly unusual circumstances.
It Is Happening Every Day, Every Where
The administration is invoking an extraordinary national security power, the state secrets privilege, under highly unusual circumstances.
By citing the act, the administration seems to be highlighting its aggressive posture without taking steps that might be deemed to violate a temporary restraining order issued by a federal judge.
Judge James E. Boasberg’s order says that the Venezuelan immigrants should have the opportunity to challenge the accusation by the Trump administration that they are members of a gang.
The Venezuelan government attributed a willingness to receive the flights to the plight of Venezuelan migrants sent to notorious prisons in El Salvador with little to no due process.
A hearing on Friday afternoon could also include some discussion about the Justice Department’s repeated recalcitrance in responding to the judge’s demands.
To invoke wartime deportation powers, President Trump asserted that Venezuela’s government controls a gang. U.S. intelligence analysts think that is not true.
Officials have said most of the people sent to the U.S. base are members of a Venezuelan gang but have not offered evidence to support that claim.
The question of whether the deported Venezuelans actually have ties to Tren de Aragua could be raised at a hearing set for Friday in Federal District Court in Washington.
It remains unclear whether the Trump administration will apply the law in this way. But such an interpretation, experts say, would infringe on basic civil liberties.
The litigation unleashed by President Trump’s second term, combined with his distortions and lies, is testing the judicial system’s practice of deferring to the executive branch’s determinations about what is true.