Boumediene Redux. Reap the Whirlwind

Dred Scott. Plessy v. Ferguson. Buck v. Bell. Roe v. Wade. Boumediene v. Bush.

Rogue opinions. Travesties of law. Crimes against humanity. And Boumediene is arguably the worst of the lot.

Now we are potentially heading to a replay of Boumediene v. Bush. How so? Federal courts have so distorted their role so as to validate the greatest criminal endeavor ever perpetrated by the federal government — namely, the vast human trafficking undertaken in conjunction with criminal cartels and corrupt NGOs committed by the Biden Administration, and the intentional importation of criminal terrorists, followed by treating the same as a protected class. The American public has paid an enormous price in terms of murders, other violent crimes and vast human trafficking. Biden's efforts to traffic children make the Children's Crusade look like an outing in the park. Robert F. Kennedy, Jr, put it well when he noted that HHS, unlike under the Biden administration, was no longer going to be the primary vector for child/human trafficking in the US. The next step should be the arrest of Xavier Becerra, along with Alejandro Mayorkas. That, unfortunately, is not going to happen. (But it should.)

In Boumediene v. Bush, the Supreme Court (dissenting votes by Roberts, Scalia, Thomas and Alito; with affirmative votes by Stephens, Breyer, Souter, Ginsburg, and Kennedy) invalidated a law passed by Congress supporting President Bush's suspension of habeas corpus, and specifying military commission trials for illegal combatant terrorists apprehended abroad in the War on Terror. The Court said that habeas corpus applied everywhere, even in military facilities outside the US, to everyone, even illegal combatant terrorists apprehended abroad. It fetishized habeas to a degree incompatible with national defense and international justice. The Court had no business whatsoever even entertaining that case. Judicial overreach of the highest order. Had it been in effect at the time of the Nuremberg Trials, it would have delegitimized those military tribunals and the death sentences of the Nazis tried there. The Boumediene decision marked a black day in American jurisprudence and in the international annals of justice. Because of it, terrorists were released to kill and kill again when they should have been executed after a summary military tribunal. A profound crime against the American people and the world. Validating terrorism as just another sort of possibly unacceptable human behavior, after the worst terrorist attack on American territory in the history of the nation. A torpedo bat to the head of the American citizenry.

Now we are in the throes of a fight, mostly judicial but not exclusively so, of attempting to deal with the crimes of the Biden administration, with courts lining up uniformly to stop the deportation of masses of the most violent criminals the nation has ever seen. These terrorists make the Mafia look like a supper club. The American judiciary, in conjunction with the Democrat Party, has decided that these terrorists comprise the class that most needs protection from one administration attempting to right the vast wrongs of its predecessor. So strident are the courts at opposing these efforts, that once again we have an administration—which has taken the controversial step of citing the Alien Enemies Act, quite legitimately, with concurrence by the Supreme Court, which, however tried to amend the act by specifying the process for removal, and has since amazingly been overturned by an opinion of a district court!—on the verge of suspending habeas corpus for specified individuals, e.g., foreign criminal terrorists illegally in the country (some with protected status).

I say, go for it, Trump. Suspend habeas. Then fight the fight to the Supreme Court and make Roberts vote against himself. He will surely oppose the suspension of habeas now, though he supported it in Boumediene. Even if there is a slim chance the SC may reverse itself, it is imperative to deport as many criminal terrorists as you can, as fast as you can. The courts try to second-guess ICE, but are completely disingenuous. They will make it out that ICE lies and cheats, but of course, the ones doing that are the judges on the courts. With malice aforethought.

The federal judiciary is in free fall. It is no longer a legitimate forum to adjudicate law. It is a partisan entity stridently opposed to Trump. All of the media, including so-called conservative media (NR and WSJ, in particular), are die-hard Never Trumpers and beside themselves by Trump's efforts to achieve the results on illegal immigration that Americans demand.

Particularly after the intense politicization of the courts, both state and federal, illegitimately against Trump, we are in a judicial/administrative civil war. That is not on Trump, as all of the media would have it. That is on the federal judiciary, the state courts, the Democrats, and the deep state. We are all on the verge of reaping the whirlwind from what they have sown.