This conflict, she argues, stems from Boasberg's attempts to thwart Trump's efforts to deport migrants under the Alien Enemies Act of 1798.
Kelly, a seasoned journalist, expressed her views on the ongoing legal tussle between Trump's Department of Justice (DOJ) and Judge Boasberg that has been unfolding since Saturday. This followed Trump's move to deport over 200 alleged gang members, a decision that Boasberg promptly attempted to halt.
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During her show, Kelly underscored that both Trump and border czar Tom Homan had verified that the individuals being deported were indeed gang members. She then criticized the judge for his apparent disbelief in Trump's authority.
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"Trump says these are gang members. Tom Homan says 'They’re gang members. We’ve done our homework. That’s who they are. We are shipping them out of the country with a ride,'" Kelly stated, emphasizing the administration's efforts to ensure the safety of American citizens.
THIS DISGRACED REPUBLICAN MAY VERY WELL BE TRADING PINSTRIPES FOR PRISON STRIPES!
Kelly further criticized Boasberg's actions, stating, "This judge is losing his mind that Trump is not doing everything he’s commanding him to do. This is the closest thing we’ve seen yet to a constitutional crisis. You know how the left has been throwing that term around? And it’s not because of Trump. It’s because of a judge who thinks he’s the president."
As reported by the Daily Caller, Trump had announced on Saturday his intention to invoke the Alien Enemies Act of 1798 against the Venezuelan gang Tren de Aragua (TdA), leading to the deportation of over 200 suspected members. However, Boasberg attempted to halt the deportations that same day before calling an emergency hearing, where he expanded his order to state that “all noncitizens in U.S. custody” were not to be deported.
OH NO...GEORGIA IS IN FOR IT WITH THIS DEM PLANNING ANOTHER GOVERNOR RUN!
Kelly continued her critique of Boasberg, stating, "This Judge Boasberg is speaking to Donald Trump as though he’s the judge’s underling, his clerk, who needs to run around answering the judge’s every little question. This is foreign policy. This is where Trump is at the apex of his power, which Judge Boasberg doesn’t seem to understand.”
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Court filings revealed that U.S. Immigration and Customs Enforcement official Robert Cerna confirmed that two planes carrying migrants departed before Boasberg’s written order was published. A third plane reportedly took off after the order was issued, but the individuals on board were not deported “solely on the basis of the Proclamation at issue” and had final orders of removal regardless.
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El Salvadoran President Nayib Bukele confirmed that they had received 238 members of TdA, who were “immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable).” Bukele also stated that the U.S. had sent “23 MS-13 members wanted by Salvadoran justice, including two ringleaders.”
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Kelly expressed her disapproval of the judge's actions, stating, “All of this is extrajudicial behavior because the Alien Enemies Act says he doesn’t get to review presidential declarations under that act, all right?”
Boasberg has since ordered the DOJ to answer his questions regarding the deportations, but the department refused Tuesday. In a court filing, the DOJ stated, “The Government maintains that there is no justification to order the provision of additional information,” adding that responding to the judge would “disclose sensitive information bearing on national security and foreign relations.”
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Boasberg gave the DOJ until Wednesday at noon to submit its responses in a sealed court filing. The unfolding drama between the executive and judicial branches of the government underscores the tension that exists when the balance of power is tested. It remains to be seen how this conflict will resolve and what implications it will have for the future of immigration policy in the United States.
