Mostly Monday Reads: Trump defies the Supreme Court and the Constitution

“True story.” John Buss, @repeat1968

Good Day, Sky Dancers!

The  El Salvador Deportation atrocity and the DOJ’s response to the court orders certainly represent a Constitutional Crisis. We also see a plan to use the Military domestically at the Border, which is also clearly unconstitutional. I will focus on the responses to this because of the human rights and constitutional rights involved and the belligerence of Trump’s DOJ. Along with the Global Trade War and the dismantling of Federal Agencies, this continues to be a top concern. I would, however, like to start with the act of one white dude in Pennslyvania who decided to set fire to the Governor’s Mansion where Governor Josh Shapiro, his wife, and four children were celebrating Passover. This, along with the continual bullying of Judges who displease Trump by delivering Pizzas to their homes and their children’s homes sent in the name of the late son of New Jersey Judge Esther Salas. Even a long-time Op-Ed writer for the Wall Street Journal has written that #FARTUS is begging to be impeached again.

This is from the AP. “Suspect in arson at Pennsylvania Gov. Josh Shapiro’s residence being treated at hospital, police say.”

A man who authorities said scaled an iron security fence in the middle of the night, eluded police and broke into the Pennsylvania governor’s mansion where he set a fire is in police custody at a hospital after an unrelated medical event, state police said Monday.

Cody Balmer, 38, told police he had planned to beat Gov. Josh Shapiro with a small sledgehammer if he found him, according to court documents. He was being treated at the hospital, which police said was “not connected to this incident or his arrest.”

Balmer’s mother told The Associated Press on Monday that she had tried in recent days to get him assistance for mental health issues, but “nobody would help.” She said her son had bipolar disorder and schizophrenia. The AP was not able to verify that information.

“He wasn’t taking his medicine, and that’s all I want to say,” Christie Balmer said, speaking at the family home in Harrisburg.

The fire left significant damage and forced Shapiro, his family and guests to evacuate the building early Sunday. Balmer, who was arrested later in the day, faces charges including attempted homicide, terrorism, aggravated arson and aggravated assault, authorities said.

Balmer had walked an hour from his home to the governor’s residence, and during a police interview, “Balmer admitted to harboring hatred towards Governor Shapiro,” according to a police affidavit, but it didn’t explain why.

Shapiro said he, his wife, their four children, two dogs and extended family had celebrated the Jewish holiday of Passover at the residence Saturday and were awakened by state troopers pounding on their doors about 2 a.m. Sunday. They fled and firefighters extinguished the fire, officials said. No one was injured.

At a Sunday evening news conference in front of the badly damaged south wing of the governor’s residence, Pennsylvania State Police Col. Christopher Paris identified the man in custody as Balmer.

Pitting Americans against each other should not be a political strategy.  It gets people killed. No one knows this better than Judge Esther Salas, whose son was murdered and husband badly injured by a crazed Trumper. This is from the Daily Mail. “Terrifying reason judges across the US are receiving unexpected pizza deliveries amid war with Trump” as reported by Lauren Acton-Taylor.

A judge has revealed the terrifying epidemic of unexpected pizza deliveries to US judges’ homes across the country amid their war with Trump as he battles his executive orders through court.

US District Court Judge Esther Salas labeled the deliveries an ‘intimidation tactic’ on Friday after a slew of judges faced Trump’s wrath after they blocked his executive orders.

‘I found out about it on Tuesday night, and we had already known about hundreds of pizzas that had been going out to judges all over this country,’ she told MSNBC.

Salas said the deliveries were meant as a threat.

‘The point is, someone wants that judge, someone wants those judges to know, “I know where you live,”‘ she said.

Not only were the pizzas being delivered to the judges’ homes, but also to the homes of their children, Salas added.

‘So now, “We know where you live and we know where your children live,”‘ she continued.

The pizzas were not only mere intimidation tactics, but they also served as a cruel reminder of heartache for Salas, whose son was killed by a man posing as a FedEx driver in 2020.

Is this the country you thought you lived in?  Is this what you learned that our country was about as you sat through history and civics courses and read books in your English classes that represented various periods our country experienced. It is no wonder that one of the past Presidents that Trump most admires is Andrew Jackson, the author of the Trail of Tears and Indian Removal Act. He also defied the Supreme Court. Many indigenous natives died on the Trail to the Indian Territories in Oklahoma, which was later turned over to white immigrants for settling.  Jackson also owned slaves.

Now, for our latest Constitutional Battles. This is from Johnathan V. Last writing at The Bulwark. He actually offers up 3 examples that will rule the week’s news.

If you were Chris Krebs, would you flee the country?

Your answer before last week would probably be “no.” Your answer after last week is probably “maybe.” Your answer after the coming week might be “absolutely.”

Let’s break it down to understand what just happened and what is coming in the next 48 hours. Because the next two days may determine whether or not America crosses more critical red lines into open authoritarianism.

Last Wednesday, the president signed a memorandum instructing both the Justice Department and the Department of Homeland Security to investigate Chris Krebs. You’ll remember that during Trump’s first term, Krebs headed the new Cybersecurity and Infrastructure Security Agency—and was fired two weeks after the 2020 election for publicly rebutting Trump’s lies about the integrity of the election. Trump’s memorandum flips truth upside down, accusing Krebs of having “falsely and baselessly denied that the 2020 election was rigged and stolen,” and it not only orders an investigation into Krebs himself but it also commands that the entire cybersecurity company he now works for be stripped of any security clearances it has.

On Thursday, in an unsigned, unanimous decision, the Supreme Court ordered that the Trump administration must “facilitate” the return of Kilmar Abrego Garcia, the immigrant whom Homeland Security mistakenly (by its own admission) arrested and extradited to a gulag in El Salvador.

On Saturday the government responded to the SCOTUS decision by stonewalling the district court judge and then claiming that it could not “facilitate” the return of Abrego Garcia because he is now detained by a sovereign nation on which the United States could not possibly exert any influence.

Also on Saturday, Nayib Bukele, the authoritarian ruler of that sovereign nation, arrived in the United States.

On Sunday, the government stonewalled the district court judge yet again—filing an update saying it had “no updates”—and in a separate filing challenged the Supreme Court’s order to “facilitate” Abrego Garcia’s return, and added that the details of the deal with Bukele to imprison deportees from the United States are “classified.”

On Monday, Bukele will meet with his patron, Donald Trump.

So, why can’t Bukele just bring Abrego Garcia with him on whatever plane and hand him over to Donald Trump?  Is this another dark shadow performance of how Trump bullies everyone, including innocent people and other dictators? This is the historical perspective by Heather Cox Richardson.

In her opinion, filed April 6, Judge Xinis wrote that “[a]lthough the legal basis for the mass removal of hundreds of individuals to El Salvador remains disturbingly unclear, Abrego Garcia’s case is categorically different—there were no legal grounds whatsoever for his arrest, detention, or removal.…. [H]is detention appears wholly lawless.” It is “a clear constitutional violation.” And yet administration officials “cling to the stunning proposition that they can forcibly remove any person—migrant and U.S. citizen alike—to prisons outside the United States, and then baldly assert they have no way to effectuate return because they are no longer the ‘custodian,’ and the Court thus lacks jurisdiction.”

The administration had already appealed her April 4 order to the Supreme Court, which handed down a 9–0 decision on Thursday, April 10, requiring the Trump administration “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador,” but asking the district court to clarify what it meant by “effectuate,” that release, noting that it must give “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”

The Supreme Court also ordered that “the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.” Judge Xinis ordered the government to file an update by 9:30 a.m. on April 11 explaining where Abrego Garcia is, what the government is doing to get him back, and what more it will do. She planned an in-person hearing at 1:00 p.m.

But the administration evidently does not intend to comply. On April 11, the lawyer representing the government, Drew Ensign, said he did not have information about where Abrego Garcia is and ignored her order to provide information about what the government was doing to bring him back. Saturday, it said Abrego Garcia is “alive and secure” in CECOT. Today, it said it had no new information about him, but said that Abrego Garcia is no longer eligible for the immigration judge’s order not to send him to El Salvador “because of his membership in MS-13 which is now a designated foreign terrorist organization.”

There is still no evidence that Abrego Garcia is a member of MS-13.

Today, administration lawyers used the Supreme Court’s warning that the court must give “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs” to lay out a chilling argument. They ignored the Supreme Court’s agreement that the government must get Abrego Garcia out of El Salvador, as well as the court’s requirement that the administration explain what it’s doing to make that happen.

Instead, the lawyers argued that because Abrego Garcia is now outside the country, any attempt to get him back would intrude on the president’s power to conduct foreign affairs. Similarly, they argue that the president cannot be ordered to do anything but remove domestic obstacles from Abrego Garcia’s return. Because Nayib Bukele, the president of El Salvador, is currently in the U.S. for a visit with Trump, they suggest they will not share any more updates about Abrego Garcia and the court should not ask for them because it would intrude on “sensitive” foreign policy issues.

Let’s be very clear about exactly what’s happening here: President Donald J. Trump is claiming the power to ignore the due process of the law guaranteed by the U.S. Constitution, declare someone is a criminal, kidnap them, send them to prison in a third country, and then claim that there is no way to get that person back.

All people in the United States are entitled to due process, but Trump and his officers have tried to convince Americans that noncitizens are not. They have also pushed the idea that those they are offshoring are criminals, but a Bloomberg investigation showed that of the 238 men sent to CECOT in the first group, only five of them had been charged with or convicted of felony assault or gun violations. Three had been charged with misdemeanors like petty theft. Two were charged with human smuggling. In any case, in the U.S., criminals are entitled to due process.

There is also this about my hope he comes on the plane, however.  This is from the Washington Post. It’s hot off the web. “Salvadoran president says he won’t return wrongly deported man to U.S.”

Salvadoran President Nayib Bukele said Monday that he did not plan to return to Kilmar Abrego García to the United States. “How can I return him to the United States?” Bukele asked Monday during a meeting with President Donald Trump in the Oval Office. “I smuggle him into the United States? Of course I’m not going to do it.” The comments come a day after the Justice Department told a federal judge that it isn’t required to bring home a Maryland man mistakenly deported to El Salvador. Since Bukele struck a deal with Trump’s administration, he has accepted more than 200 Venezuelans deported from the U.S. in recent months and housed them in his country’s draconian mega-prison. Later Monday, Trump is scheduled to welcome the Ohio State football team to the White House to celebrate its 2025 national championship.

Come on, Ohio State!  Remember Kent State?  Be Better!  Another not-a-shocker from the Washington Post’s John Hudson. “No evidence linking Tufts student to antisemitism or terrorism, State Dept. office found. An internal memo, prepared days before Rumeysa Ozturk was detained by ICE agents, raises doubts about the Trump administration’s claims that she supports Hamas.”

Days before masked Immigration and Customs Enforcement agents detained Tufts University student Rumeysa Ozturk to deport her, the State Department determined that the Trump administration had not produced any evidence showing that she engaged in antisemitic activities or made public statements supporting a terrorist organization, as the government has alleged.

The finding, contained in a March memo that was described to The Washington Post, said Secretary of State Marco Rubio did not have sufficient grounds for revoking Ozturk’s visa under an authority empowering the top U.S. diplomat to safeguard the foreign policy interests of the United States.

The memo, written by an office within the State Department, raises doubts about the public accusations made by the Trump administration as it has sought to justify Ozturk’s deportation. The Department of Homeland Security has said Ozturk engaged in activities “in support of Hamas,” a U.S.-designated terrorist organization, but neither that agency nor U.S. prosecutors have provided evidence for that claim.

What has Trump done to Little Marco?

Steve Vladick, a law professor at George Town, has this to say about the idea of using the US Military for obvious Domestic Policies.  I have this nightmare that all these professors I want to meet will wind up bunking with me and BB in some form of Trump Gulag. Maybe we get a Guantanamo visit. “Five Questions About Domestic Use of the Military. The federal government’s authorities to use the military for domestic law enforcement are old, broad, and vague. They may soon become far more relevant than they’ve been for quite a long time.”  Trump was stopped by his Generals last time. Now it’s between us, the Constitution, and a drunk rapist who used to shill conspiracy theories on the weekend at Fox News.

But one of the problems when so much is going on is that we may neglect other stories that are also important, but not as immediate. And so I wanted to use today’s “Long Read” to tackle a topic that may soon become a very big deal—the President’s power to use the military for domestic civilian law enforcement. One of President Trump’s January 20 executive orders directed various officials to report back about the propriety of using the Insurrection Act (about which more in a moment) at and along the border. That report is due April 20, i.e., this coming Sunday. And last Friday, President Trump signed an ominous memorandum authorizing the military to take control of a wide swath of federal land along the U.S.-Mexico border (the “Roosevelt Reservation”)—a move that seems designed to allow the military to arrest non-citizens trying to enter the country unlawfully on the ground that they’re trespassing on military property.

For obvious reasons, the President’s power to use the military for domestic law enforcement is a big deal—and has, historically, been a matter of substantial controversy. Indeed, there are lots of good reasons why we have come to reflexively oppose domestic use of the military except when it is absolutely necessary. But there is meaningful daylight between using the military for domestic law enforcement and using the military in ways that are anti-democratic. And as little as this administration can or should be trusted to hew to the historical line, it’s worth at least articulating what that line is in advance of what may well be the first domestic deployment of regular armed forces since 1992.

…

About a hundred 21 years ago, I wrote my student note in law school on the “Militia Acts”—a series of statutes enacted by early Congresses, and then amended in 1861 and 1871, to delegate to the President domestic emergency authority that the Constitution had given to Congress—“[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” These statutes, which have unhelpfully become known as the “Insurrection Act” (unhelpful because the authority isn’t limited to suppressing insurrections), are one of the President’s most important—and most controversial—domestic emergency powers. And it’s possible President Trump may soon seek to use the Insurrection Act in some immigration-related capacity; indeed, as noted above, one of the January 20 executive orders calls for a report on potential invocations of the statute by next Sunday.

Although the details of any invocation will matter, I thought it would be useful to tee up even a potential invocation of the Insurrection Act with a brief explainer of where the statutes come from, what they do and don’t authorize, and why, historically, domestic use of the military has been so controversial. To make a long story short, any invocation of the Insurrection Act under our current circumstances would be a dangerous move from the Trump administration, but contra some hot takes on the internet, it would not be tantamount to a declaration of martial law.

Read more about this act and also the deportation to El Salvador atrocity at the link.  Here’s another Hot Take from Wired which is moving up in the Journalism World with its reporting. “HHS Systems Are in Danger of Collapsing, Workers Say. The purging of IT and cybersecurity staff at the Department of Health and Human Services could threaten the systems used by the agency’s staff and the safety of critical health data.”

Much of the IT and cybersecurity infrastructure underpinning the US health system is in danger of a possible collapse following a purge of IT staff and leadership at the Department of Health and Human Services (HHS), four current and former agency workers tell WIRED. This could put vast troves of public health data, including the sensitive health records of hundreds of millions of Americans, clinical trial data, and more, at risk of exposure.

As a result of a reduction in force, or RIF, in the Office of the Chief Information Officer (OCIO), the sources say, staff who oversee and renew contracts for critical enterprise services are no longer there. The same staff oversaw hundreds of contractors, some of whom play a crucial role in keeping systems and data safe from cyberattacks. And a void of leadership means that efforts to draw attention to what the sources believe to be a looming catastrophe have allegedly been ignored.

Thousands of researchers, scientists, and doctors lost their jobs earlier this month at HHS agencies critical to ensuring America’s health, such as the Centers for Disease Control and and Prevention (CDC) and the Food and Drug Administration (FDA). Hundreds of administrative staff were also subjected to a reduction in force. Many of these staffers were responsible for helping ensure that the mass of highly personal and sensitive information these agencies collect is kept secure.

Employees who were subject to the RIF, as well as some who remain at the agency, tell WIRED that without intervention, they believe the systems they managed could go dark, potentially putting the entire health care system at risk.

“Pretty soon, within the next couple of weeks, everything regarding IT and cyber at the department will start to operationally reach a point of no return,” one source, who was part of a team that managed these systems at HHS for a decade before being part of the RIF, alleges to WIRED.

Like many across the agency, administrative staff found out they were part of the RIF on April 1 in an email sent at 5 am Eastern, though a number of employees only realized they had been let go when their badges no longer worked when trying to access HHS buildings.

Had enough of Trump’s appointments yet?  Try this one. This is from CNN.  “Ex-January 6 prosecutors urge attorney disciplinary board to investigate Trump’s controversial pick to be DC’s top prosecutor.” Feeling steamrolled yet?  Or maybe Gas lit?

Five former prosecutors who worked on criminal cases stemming from the January 6, 2021, attack on the US Capitol are urging the disciplinary office governing lawyers in Washington, DC, to open an investigation into President Donald Trump’s controversial pick to be the district’s top prosecutor.

The filing is the latest turn in the nomination of Ed Martin to be US attorney for DC and comes as Senate Democrats have pledged to delay any confirmation vote.

Martin, who has been serving in the post on an interim basis since Trump returned to the White House, is a divisive pick for the job. After stepping into the position, he used his new powers to dismiss January 6 Capitol riot cases, fire prosecutors who were involved in the investigations, go after his and Trump’s political adversaries, and launch internal reviews in an attempt to find misconduct within the office.

In a letter filed Sunday with the DC Bar’s Office of Disciplinary Counsel, the former prosecutors outlined those controversial actions, as well as others, saying that Martin violated several professional rules.

“He has used his brief time in office to demonstrate a fundamental misunderstanding of the role of a federal prosecutor, announcing investigations against his political opponents, aiding defendants he previously represented, and communicating improperly with those he did not,” the group wrote.

“These actions are not worthy of the Department of Justice, undermine the Constitutional guarantee of equal protection of law, and violate Mr. Martin’s professional obligations,” the letter reads.

Martin’s office declined CNN’s request for comment on the letter.

Okay, so I’m bumping 3800 words now.  I also want to return to my hot Macha Tea and floofy cuddly furbabies.  I think we all need a group hug now.

What’s on your reading and blogging list today?