Habeas corpus - still in effect unless you're already in El Salvador.
Just say "oops, sorry, that was a mistake but we can't get that person back" every time you want to disappear someone, and somehow you'll have people claiming that habeas corpus is still alive and well while people get disappeared.
Unless you're Stephen Miller, who insists that no mistake was made: https://bsky.app/profile/atrupar.com/post/3lmrobxubic23
And, more recently, Bukele and Trump insisted that they would not return a "terrorist" to the United States: https://bsky.app/profile/atrupar.com/post/3lmrwrrkbnf2e
It's clear that the administration does not consider collateral damage a bug, but a feature; it confirms that as long as they insist that they will not do anything, then nothing will be done.
Well one thing is for sure: it's not a coincidence that after they determined that it was impossible to get him back, they've changed the narrative to "no mistake was made" (and begun throwing around the magic word "terrorist" which justifies all sorts of things).
> after they determined that it was impossible to get him back
This phrasing buys into the Trump admin's narrative.
They did not determine that it was impossible to get him back. They have chosen to not pursue it. They refuse to define the agreement between the US and El Salvador sufficiently for anyone to know what is or is not possible through that path. They also seem to refuse to use political or financial influence to go beyond whatever that agreement may define.
If they can decide someone is a migrant and deport them without due process and no recourse, they can decide anyone is a migrant and deport them without due process.
If a class of people don't have habeas corpus, no one does.
Although the president was caught on mic musing about deporting American citizens.
He didn't get caught doing anything; he said it, openly, during an interview: https://bsky.app/profile/atrupar.com/post/3lmrx6b2gxy2f
Yeah, this is not going to end well for all y'all:
> Although the president was caught on mic musing about deporting American citizens
The canaries in our coal mine are permanent residents. Anything that can legally be done to a permanent resident can basically be done to a "bad" citizen. Trump is trying to run roughshod over permanent residents' habeus corpus rights. Courts are currently pushing back; I expect he will defy them. That, for me, will be the line at which I'll start helping with civil disruption.
Not caught, he held a press conference and announced that he was going to try to do it.
Actually I stand corrected--he was ALSO caught on tape with a much more chilling version of this statement.
It's not.
The rubicon has already been crossed. If you asked some of the framers of the US constitution - beyond all other factors, unelected powers etc - what was the one defining trait of the government structure they wished to avoid; they'd have replied with arbitrary imprisonment and the suspension of due process.
Please don't take my word for it, hear it from the Prosecutor's Prosecutor. The SCOTUS justice, former AG and former USSG who led the American prosecution against the Nazis at Nuremberg, Robert H. Jackson,
No society is free where government makes one person's liberty depend upon the arbitrary will of another. Dictatorships have done this since time immemorial. They do now. Russian laws of 1934 authorized the People's Commissariat to imprison, banish and exile Russian citizens as well as "foreign subjects who are socially dangerous."' Hitler's secret police were given like powers. German courts were forbidden to make any inquiry whatever as to the information on which the police acted. Our Bill of Rights was written to prevent such oppressive practices. Under it this Nation has fostered and protected individual freedom.
The Founders abhorred arbitrary one-man imprisonments. Their belief was--our constitutional principles are-that no person of any faith, rich or poor, high or low, native or foreigner, white or colored, can have his life, liberty or property taken "without due process of law." This means to me that neither the federal police nor federal prosecutors nor any other governmental official, whatever his title, can put or keep people in prison without accountability to courts of justice. It means that individual liberty is too highly prized in this country to allow executive officials to imprison and hold people on the basis of information kept secret from courts. It means that Mezei should not be deprived of his liberty indefinitely except as the result of a fair open court hearing in which evidence is appraised by the court, not by the prosecutor
Suspending due process for anyone is fundamentally un-American. But we have crossed that threshold. What comes next is fairly inevitable - if the process isn't stopped now.
The more fundamental corollary is that the US government does not grant any rights. We have them by default and cede limited power for the benefit of an orderly society. Within such a framework, it should be impossible to disenfranchise people by denying them due process.
I've posted here before that this idea that we just have rights is actually problematic, not the least reason for which is that whether we have such rights or not, their mere existence has never and will never actually defend anyone from any violation of them.
Rights are just the concessions that the less powerful have extracted from the powerful by virtue and utilization of power. This perspective has the double benefit not relying on the imaginary and making it clear that if you don't fight for your rights you will not get to keep them. Rights may be God given, but God isn't going to come down and rescue you from a concentration camp if you get put there by an autocrat who doesn't like your "free speech."
All that matters is whether we will personally tolerate abuses against human beings and what we are willing to do to prevent them. If I had my way, talk of rights qua rights would be swept into the dustbin of history with other imaginary stuff like religion in favor of concrete, ideally evidence based, free human discussion about what human beings want from the universe and what we are willing to endure to get it.
Precisely. If only the people who worship the Declaration of Independence and recite it like parrots singing a psalm, actually understood what the document was saying.
Unfortunately, those people have a lot of practice worshipping a text that they have not read.
> The rubicon has already been crossed
So when would you consider the US crossed this threshold? Guantanamo Bay? The internment of ethnic Japanese in WW2? The Trail of Tears? Or is there something about the excesses of this particular administration that makes this an unprecedented and irreversible step, if I understand your metaphor correctly?
Respect for rule of law and democratic norms. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”
> The framers held certain rights to be unalienable from human beings - something that no government can take away
Unless, of course, the government considers you to be 2/3 of a person
the judge you are quoting literally worked in FDR's admin when they were deporting millions of Mexicans, regardless of whether they were born in the US. They didn't get due process
That judge was against the interment of Japanese Americans. He took a stand against anyone deprived of due process throughout his life.
The US came close to losing its democracy status with FDR, which is why after he died, the 22nd Amendment was quickly created - https://en.wikipedia.org/wiki/Twenty-second_Amendment_to_the...
Perhaps but "the framers of the US constitution" are almost always over idealized. It was the very early stages of democracy (even if you can call it that). When elected to office they regularly used they official powers to supress political opponents, partisan enmity was endemic and the levels of corruption were pretty extreme (of course there was only so much money to go around due to very low taxes). Trump is unhinged of course but some of the founders or early US politicians weren't too far off...
The constitution was more of an aspirational ideal than a binding document back then since there were very limited ways too enforce it (e.g. the only way to repeal the Alien and Sedition Acts was by electing a new president/congress). The First Amendment was also interpreted and viewed extremely different that it is now before the 1900s...
What's your take on the government drone striking American citizens without any sort of trial?
the timeline of the first plane clearly shows that that is not the case (plane departed after the judge's stay). it would be helpful if people didn't cavalierly pronounce these kinds of things.
It's starting to like authoritarian is the wrong word.
Totalitarian? not yet, but....
So you acknowledge that it’s a race for the government to get permanent residents on flights as fast as they can to El Salvador before a petition is able to be filed?
Uh yeah, why wouldn't I?
I mean I don't know that it's their policy but it sure looks that way.