“The Emergency Is Here.” The title of this week’s podcast from Ezra Klein, which is well worth a listen. I don’t expect that Mike Lawler will be listening. He prefers talking.
Today’s episode of the king receiving tribute at the White House:
The evidence is clear, the emergency is here. It comes in the context of Trump’s mass deportations.
Trump’s administration has acknowledged that Abrego Garcia’s deportation to El Salvador was illegal. The Supreme Court ruled unanimously last week that the government needs to “facilitate” his return and to provide due process. Instead Trump has thumbed his nose.
When the District Court Judge then inquired what the government was doing to comply with the Supreme Court order, DOJ filed yet another appeal. Last night, the Fourth Circuit Court of Appeals unanimously denied the appeal. There is much to absorb in the stunning opinion written by J. Harvey Wilkinson III, a very conservative Reagan appointee. I’ll give you just a taste:
“It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”
Meanwhile, US District Judge James Boasberg ruled Wednesday that there was “probable cause” to find administration officials in criminal contempt for disobeying his order last month regarding the deportation flights to El Salvador.
There is no indication that Trump intends to bow to the courts. Which leads us to a battle between two branches of government where one has words and an army, and one just has words. So the emergency is here.
What about the third branch of government, the one that Mike Lawler works for? Although you wouldn’t know it from current events, the Founders gave Congress all sorts of power. Congress passed the laws that Trump is citing as authority for many of his executive orders, such as the Alien Enemies Act and the National Emergencies Act. Congress could amend those laws, or pass some more. They also have the power of the purse under Article I of the Constitution. And let’s not forget the power of impeachment.
It wouldn’t take many of those in Congress who claim to be centrist (Mike?) to join with Democrats in reining in Trump, versus pursuing their singular obsession of reining in government spending and extending tax breaks to the rich. Consider what responsible oversight might look like. For example, the letter to Marco Rubio from Democrats on the House Foreign Affairs Committee, seeking information and questioning the legality of the reported $6M agreement with El Salvador to accept deportees from the US.
And don’t forget. Trump would like to extend that deal so that he can send “homegrowns” to El Salvador. Where they’ll be out of reach of the U.S. courts, while El Salvador’s President and self-styled “Philosopher King” says “Oopsie,” and “I don’t have the power” to return them, and “I miss you already, President T.”
Mike Lawler sits on the House Foreign Affairs Committee, but prefers not to get involved. On Sunday, he posted his “top priorities over the next 262 days.” Number 1: Lifting the SALT Cap. I’ve written on this one extensively (see Pillar of SALT). Just know that it’s a gimme since Trump campaigned on it, and it will primarily benefit high-income New Yorkers. This is not a profile in courage, or a man who understands the urgency of the moment.
Mike, don’t lose sight of the fact that you’re a homegrown too. Today you’re a friend of the king. Tomorrow?
Rule of Lawler 