Since we’re using El Salvador like it’s a new Gitmo. Like yes, it would still suck for the people from El Salvador.
But at least people from other countries would go back to their home country. Presumably to be treated far better than El Salvador.
Since we’re using El Salvador like it’s a new Gitmo. Like yes, it would still suck for the people from El Salvador.
But at least people from other countries would go back to their home country. Presumably to be treated far better than El Salvador.
Right. That is why the Administration position on this has some merit which the courts need to defer to. As an El Salvadoran who is back in his home country, the US cannot compel his release. All the US can do is ask nicely.
But, they haven’t even done that. Which is why the courts are so pissed. They know all this, and they know that all the administration has to do is prove they asked, in good faith. They won’t even go that far. They did that performative thing where the El Salvadoran President said “We won’t send him back since he’s a criminal”, but the courts in the US don’t consider him a criminal.
There is no better definition of “contempt of court” then what the US is doing right now.
I know you’re not defending the administration, but I wouldn’t consider the administration’s position to have any merit. They sent him to the prison and are paying for him to be imprisoned there. Giving them an inch of credibility on technicalities just means they’ll continue to do what they’re doing.
But that’s the Court’s job, to look at all the technicalities. The Administration sent him there “erroneously”, but since he is there now neither US courts nor the administration can compel his release. The Courts need to acknowledge that, while also acknowledging that the Administration likely did it this way on purpose, and the whole “administrative error” thing is a crock of shit. But they can’t come out and say that. And that gives Trump a wedge to split the whole thing apart.
Fascists are good at using the fact that their opponents need to uphold the law against them.
Your comment is correct as much as I hate it. But to the quoted portion, their opponents don’t need to. They choose to. And it drives me insane that they think that we can operate within the system the fascists are actively ignoring to fix this. The “normal way” things are done is gone, it’s time to stand firm and take action.
Well, justice is supposed to be blind, isn’t it? It’s supposed to deal with everything in a neutral manner. The Court is not supposed to pick sides, and they must operate within the system, because their legitimacy comes from it.
Other institutions may have more flexibility…
I agree, but courts have been partisan for a while. See judge Cannon’s handling of Trumps documents case and the supreme Courts handling of his freaking insurrection.
I understand the way things are supposed to be. But it’s not the way they are. Courts are going to have to decide which side of history they are on.