‘Called BS’: Trump-appointed judge deals major blow to Trump deportation agenda
MSNBC
[{'start': '5.505', 'end': '8.274', 'text': ">> GOOD EVENING. WELCOME BACK TO  THE SUPER SIZED EDITION OF ALL  IN. THE TRUMP ADMINISTRATION HAS  BEEN DEFYING COURT ORDERS IN A  WAY THAT'S SORT OF FRUSTRATINGLY  AMORPHOUS, BUT RIGHT ON THE  PRECIPICE OF JUST A FULL BLOWN  CONSTITUTIONAL CRISIS. WELL,  TODAY, A FEDERAL COURT RESPONDED  TO THE ADMINISTRATION TAKING THE  BOLDEST STEP YET TO KNOCK DOWN  THEIR ILLEGAL RENDITION SCHEME  UNDER THE GUIDE OF THE ALIEN  ENEMIES ACT OF 1798. NOW THAT  LAW HAS ONLY EVER BEEN INVOKED  IN TIMES OF WAR, REAL WAR. I  MEAN, WE'RE TALKING THE WAR OF  1812, WORLD WAR ONE, AND WORLD  WAR TWO. SO TO JUSTIFY USING IT,  THE TRUMP ADMINISTRATION CLAIMS  BASICALLY THAT WE ARE IN A  SITUATION LIKE THOSE THREE WARS,  THAT WE ARE ACTIVELY AT WAR WITH  A VENEZUELAN GANG CALLED ARAGUA,  WHICH THIS IS KEY, THE  ADMINISTRATION FALSELY CLAIMS IS  AN ARM OF PRESIDENT NICOLAS  MADURO'S VENEZUELAN REGIME IN  THAT COUNTRY, DESPITE THEIR OWN  INTERNAL INTELLIGENCE INSISTING  OTHERWISE. NOW, JUST TO STATE  THE OBVIOUS, WE'RE NOT AT WAR IN  ANY SENSE OF THE WORD THAT WE  UNDERSTAND IT LEGALLY WITH THIS  GANG OR VENEZUELA. I MEAN,  EVERYONE KNOWS THAT, RIGHT? LIKE  IF YOU WALKED UP TO PEOPLE ON  THE STREET AND ASKED THEM, BUT  THE TRUMP ADMINISTRATION LIKES  TO USE JUST ALMOST APOCALYPTIC  LANGUAGE TO IMPLY OTHERWISE.  >> IF I OFFERED ANY.  >> ONE.  >> OF YOU A RENT FREE.  >> HOME WITH NO TAXES TO.  >> PAY IN ANY OF. THESE GANG.  >> NEIGHBORHOODS.  >> AND I SAID, YOUR NEIGHBORS.  >> ARE. MS13 TERRORISTS.  >> OR MEXICAN.  >> MAFIA OR SINALOA CARTEL.  >> OR TRAINED ARAGUA.  >> I. COULDN'T PAY.  >> YOU TO LIVE THERE.  >> BUT YET.  >> YOU.  >> WITH YOUR.  >> COVERAGE.  >> ARE. TRYING TO FORCE INNOCENT  AMERICANS.  >> TO.  >> HAVE THESE.  >> PEOPLE AS THEIR NEIGHBORS  AND.  >> THAT ONE DAY THEIR.  >> DAUGHTER MAY BE.  >> ABDUCTED FROM THEIR.  >> HOME AND RAPED.  >> AND MURDERED.  >> SO YOU'RE NOT GOING TO.  >> GET AN OUNCE.  >> OF SYMPATHY FROM THIS  ADMINISTRATION.  >> OR PRESIDENT.  >> TRUMP FOR THE TERRORISTS.  >> WHO'VE INVADED OUR HOMES AND.  >> OUR COUNTRY.  >> OKAY, SO TODAY, FOLLOWING A  LAWSUIT FROM THE ACLU, A FEDERAL  JUDGE FINALLY CALLED THE  ADMINISTRATION'S BLUFF AND  BASICALLY REJECTED THE  FUNDAMENTAL PREMISE OF THEIR  ACTIONS, AT LEAST WHEN IT COMES  TO THE QUESTION OF THE ALIEN  ENEMIES ACT. IN A 36 PAGE  RULING, A DISTRICT JUDGE IN  TEXAS NAMED FERNANDO RODRIGUEZ  JR TOLD THE WHITE HOUSE, IN  REALLY NO UNCERTAIN TERMS, IT  CANNOT USE THE ALIEN ENEMIES ACT  AS JUSTIFICATION FOR THESE  RENDITIONS, AT LEAST WHEN IT  COMES TO VENEZUELAN DETAINEES  AND HIS SOUTHERN DISTRICT OF  TEXAS. QUOTE. THE COURT  CONCLUDES THAT AS A MATTER OF  LAW, THE EXECUTIVE BRANCH CANNOT  RELY ON THE ALIEN ENEMIES ACT  BASED ON THE PROCLAMATION TO  DETAIN THE NAMED PETITIONERS AND  THE CERTIFIED CLASS, OR TO  REMOVE THEM FROM THE COUNTRY.  JUDGE RODRIGUEZ, IN HIS OPINION,  GOES ON TO CALL BS BASICALLY ON  THE WHITE HOUSE'S ARGUMENT.  QUOTE. THE HISTORICAL RECORD  RENDERS CLEAR THE PRESIDENT'S  INVOCATION OF THE ALIEN ENEMIES  ACT THROUGH THE PROCLAMATION,  EXCEEDS THE SCOPE OF THE  STATUTE, AND IS CONTRARY TO THE  PLAIN ORDINARY MEANING OF THE  STATUTE'S TERMS. ADDING AS FOR  THE ACTIVITIES OF THE VENEZUELA  DIRECTED TREND ARAGUA IN THE  UNITED STATES, AND AS DESCRIBED  IN THE PROCLAMATION, THE COURT  CONCLUDES THAT THEY DO NOT FALL  WITHIN THE PLAIN ORDINARY  MEANING OF INVASION OR PREDATORY  INCURSION FOR THE PURPOSES OF  THE ALIEN ENEMIES ACT. IN OTHER  WORDS, NO, WE ARE NOT AT WAR  WITH VENEZUELA OR VENEZUELAN  GANG, AND THEY ARE OBVIOUSLY  TWISTING THE MEANING OF THE 1798  STATUTE ALIEN ENEMIES ACT BEYOND  ALL RECOGNITION TO THE POINT  WHERE, ACCORDING TO THE JUDGE,  THEY ARE NOW BANNED PERMANENTLY  FROM USING IT AS JUSTIFICATION  FOR THEIR RENDITION SCHEME IN  HIS DISTRICT. AT LEAST WHILE  THIS RULING STANDS. BY THE WAY,  INTERESTING NOTE HERE. THIS  JUDGE IN QUESTION, FERNANDO  RODRIGUEZ JR, IS NOT SOME  LIBERAL ACTIVIST. HE WAS  APPOINTED TO THE BENCH BY  DRUMROLL PLEASE, DONALD TRUMP IN  2017. NOW THE ADMINISTRATION  WILL ALMOST ASSUREDLY APPEAL.  BUT THE BIG QUESTION IS IF THEY  WILL EVEN ATTEMPT TO OBEY THE  ORDER IN THE MEANTIME, OR THIS  IS REALLY HIGH STAKES, IF THEY  WILL ONCE AGAIN OPENLY DEFY THE  COURTS. AFTER ALL, THE  ADMINISTRATION'S NOT EXACTLY  SUBTLE ABOUT THEIR WILLINGNESS  TO JUST TRY TO RUN OVER THE  INDEPENDENT JUDICIARY.  >> I MEAN, IT.  >> TURNS OUT WE'VE GOT TO DO.  >> SOME BATTLE WITH SOME REALLY  CRAZY FAR LEFT JUDGES IN ORDER.  >> TO ALLOW THE ADMINISTRATION  TO DO WHAT.  >> IT ACTUALLY.  >> NEEDS TO DO.  >> AND I WILL. SAY TO.  >> GREAT CREDIT.  >> THE PRESIDENT.  >> EXPECTED THIS.  >> WHEN WE CAME IN. HE SAID, YOU  KNOW, WE'RE GOING TO START  DEPORTING PEOPLE.  >> AND A LOT OF THESE.  >> FAR LEFT JUDGES ARE.  >> GOING TO STOP.  >> US.  >> AND THERE'S NO WAY.  >> OUT OF. IT BUT THROUGH IT.  AND WE'RE JUST GOING TO HAVE. TO  BATTLE. WE'RE GOING TO HAVE TO  WIN THE COURT CASES. WE'RE GOING  TO HAVE TO TAKE SOME OF THIS  STUFF ALL.  >> THE WAY TO THE SUPREME COURT.  >> AND WE'RE GOING TO HAVE TO.  >> FIND ALTERNATIVE WAYS.  >> TO DEPORT PEOPLE. WHEN THE  JUDGES.  >> SAY, YOU CAN'T.  >> DO THIS METHOD, WE'RE GOING  TO HAVE TO FIND ANOTHER METHOD.  SO WE RECOGNIZE THAT WE'RE  DEALING BATTLE HERE, DOING  BATTLE.  >> WITH BASICALLY.  >> A MASSIVE BUREAUCRACY THAT  HAS DECIDED THAT IT RULES THE  COUNTRY RATHER THAN THE AMERICAN  PEOPLE.  >> AGAIN, THE FAR LEFT JUDGES  THAT VANCE IS TALKING ABOUT,  THAT'S ON TUESDAY IN THIS CASE  IS A TRUMP APPOINTED JUDGE. AND  IT APPEARS AS PART OF THE  BATTLING THAT THE ADMINISTRATION  IS DOING HAS BEEN JUST IGNORING  COURT ORDERS. I MEAN, RIGHT NOW,  THE ADMINISTRATION IS STILL  REFUSING TO FACILITATE THE  RETURN OF KILMER GARCIA FROM A  PRISON. EL SALVADOR, EVEN AFTER  THE SUPREME COURT UNANIMOUSLY  AFFIRMED THAT IT MUST DO SO. WE  HAVE SEEN TIME AFTER TIME THEIR  STRATEGY IS TO DEPORT THESE  FOLKS BEFORE THE COURTS HAVE  TIME TO INTERVENE. NOW,  SOMETIMES THEY DEPORT THEM, EVEN  AFTER THE COURTS HAVE INTERVENED  AND INSTRUCTED THEM TO TURN THE  PLANES AROUND. BUT SOMETIMES  THEY DON'T MOVE QUITE QUICKLY  ENOUGH. A COUPLE OF WEEKS AGO,  WE WERE COVERING THIS LIVE ON  THE AIR, ACTUALLY, BECAUSE IT  WAS HAPPENING IN AN HOUR WHEN AN  11TH HOUR APPEAL FROM THE ACLU  AND A SUBSEQUENT RULING FROM THE  SUPREME COURT STOPPED THE  REMOVAL OF A BUS FULL OF WOULD  BE DEPORTEES TO EL SALVADOR AND  VENEZUELA. THOSE MEN ARE NOW  STUCK IN LIMBO IN A TEXAS  DETENTION FACILITY. YESTERDAY  THEY PUT TOGETHER THIS REALLY  REMARKABLE SIGNAL TO THE OUTSIDE  WORLD, SPELLING OUT S.O.S. WITH  THEIR BODIES IN PROTEST OF THEIR  POTENTIAL IMPENDING REMOVAL TO A  FOREIGN GULAG. REUTERS ACTUALLY  MANAGED TO SPEAK TO ONE OF THOSE  MEN, A 19 YEAR OLD NAMED  JEFFERSON ESCALONA. NOW, THE  TRUMP ADMINISTRATION INSISTS  THAT ESCALONA IS A SELF-ADMITTED  MEMBER OF TRENDY ARAGUA,  ALTHOUGH IT HAS NOT ISSUED ANY  EVIDENCE TO SUPPORT THAT CLAIM.  ESCALONA INSISTS HE IS NOT A  GANG MEMBER. HE SAYS IN FACT, HE  WAS A POLICE OFFICER IN  VENEZUELA AND THAT THE TRUMP  ADMINISTRATION'S EVIDENCE  AGAINST HIM APPEARS TO BE PHOTOS  OF HIM MAKING HAND GESTURES THEY  FOUND ON HIS PHONE. ESCALONA  FEARS THAT HE WILL BE SENT TO  THAT NOTORIOUS PRISON IN EL  SALVADOR AGAIN. THE FUTURE OF  ANY ALIEN ENEMIES ACT  DEPORTATION SEEMS UNCERTAIN, BUT  AT LEAST FOR RIGHT NOW, ONE OF  TRUMP'S OWN JUDGES IS SAYING  ABSOLUTELY NOT. LEE GELERNT IS  THE LEAD LAWYER ON THIS CASE.  HE'S A DEPUTY DIRECTOR OF THE  ACLU IMMIGRANT RIGHTS PROJECT,  AND HE JOINS ME NOW. LEE, LET'S  START WITH THIS RULING BY THIS  TEXAS DISTRICT JUDGE. WHAT DO  YOU MAKE OF IT?  >> I THINK THIS IS A HUGE FIRST  STEP. YOU KNOW, CHRIS, YOU HIT  IT ON THE HEAD. TWO THEMES THAT  YOU AND I HAVE TALKED ABOUT FOR  YEARS ARE INVOLVED IN THIS CASE.  THE FIRST IS THAT THE TRUMP  ADMINISTRATION WALKED INTO COURT  AND SAID, WE WILL TELL YOU WHAT  THE LAW IS. YOU, THE FEDERAL  JUDGE, DON'T HAVE A ROLE TO PLAY  IN TELLING US WHAT THE LAW  MEANS, WHAT THIS CONGRESSIONAL  STATUTE MEANS. THE JUDGE SAID,  NO, NO, NO, NO, I'M THE FEDERAL  JUDGE. I WILL TELL YOU WHAT THE  LAW MEANS. THAT'S MY JOB. THAT'S  CRITICAL THAT THE JUDGE PUT HIS  FOOT DOWN AND SAID, YOU DO NOT  GET TO DECIDE. YOU, THE  EXECUTIVE BRANCH, DON'T GET TO  DECIDE WHAT THE LAW MEANS AND  THEN CARRY IT OUT. THE SECOND  THING HE DID IS SAY, LOOK, THIS  IS A LAW CONGRESS PASSED AND  THESE ARE CRITICAL SEPARATION OF  POWERS ISSUES. THE EXECUTIVE  BRANCH CAN'T JUST THUMB THEIR  NOSE AT WHAT CONGRESS IS DOING.  CONGRESS PUT VERY SPECIFIC  GUIDELINES IN. AND AS YOU  POINTED OUT, IT SAYS WE HAVE TO  BE AT WAR OR BEING INVADED BY A  FOREIGN COUNTRY OR THREATENED.  THE JUDGE SAID, UNDER NO  CIRCUMSTANCES ARE WE BEING  INVADED BY THIS CRIMINAL GANG  AND SAID, NOW YOU CANNOT USE  THIS LAW AGAIN. YOU KNOW, AS YOU  SAID, THEY'RE GOING TO THEY'RE  GOING TO APPEAL. BUT THIS IS A  CRITICAL FIRST STEP IN WHAT'S  GOING TO BE A LONG BATTLE. BUT  WE HOPE THAT THE COURTS WILL  ULTIMATELY AFFIRM THIS.  >> YEAH. I MEAN, THIS IS GOING  TO BE APPEALED TO THE  NOTORIOUSLY RIGHT WING FIFTH  CIRCUIT, WHICH IS THE CIRCUIT  THERE, WHICH IS BASED OUT OF NEW  ORLEANS AND COVERS COVERS TEXAS.  IT'LL, I THINK, END UP PROBABLY  BEFORE THE SUPREME COURT. BUT  THE OTHER THE OTHER ASPECT HERE  IS THE CURRENT HOLD ON MOVING  PEOPLE, WHICH SEEMS SO ESSENTIAL  HERE BECAUSE WE'VE SEEN WHAT'S  HAPPENED WHEN THEY'RE ALLOWED TO  DO IT, WHICH IS THEY FLEW THE  PLANES, THEY KIND OF THUMBED  THEIR NOSE. AND NOW YOU'VE GOT  THESE INDIVIDUALS THERE,  INCLUDING SOMEONE THEY ADMIT WAS  MISTAKENLY SENT THERE. KILMER.  GARCIA. YOU'VE GOT OTHERS WHO I  THINK HAVE PRETTY STRONG CASES.  THEY'RE JUST CASES OF MISTAKEN  IDENTITY, LIKE THEY'RE NOT GANG  MEMBERS, AND THEY'RE THEY'RE NO  WAY OUT. WHAT IS THE STATUS OF  THIS PROHIBITION RIGHT NOW ON  SENDING PEOPLE THERE? BECAUSE  IT'S QUITE CONFUSING, GIVEN THE  KIND OF PATCHWORK.  >> YEAH.  >> YOU'RE EXACTLY RIGHT TO BRING  UP THAT ISSUE. SO THIS IS WHAT'S  HAPPENING. THE SUPREME COURT  SAID YOU CAN'T DO ONE CASE. WE  ORIGINALLY BROUGHT IT AS ONE  NATIONWIDE CASE IN DC SUPREME  COURT SAID, NO, YOU HAVE TO DO  IT IN WHAT'S CALLED HABEAS  CORPUS PETITIONS IN THE DISTRICT  WHERE PEOPLE ARE DETAINED. SO  WHAT'S HAPPENED IS THE  ADMINISTRATION IS MOVING PEOPLE  FROM DISTRICT TO DISTRICT ALL  OVER THE COUNTRY, FORCING US AT  THE AT THE MIDDLE OF THE NIGHT,  SOMETIMES TO HAVE TO KEEP FILING  HABEAS PETITIONS. SO NOW THIS  JUDGE SAID, YOU CANNOT USE THIS  ACT AND YOU CANNOT TRANSFER  PEOPLE OUT OF THE SOUTHERN  DISTRICT OF TEXAS. WE HAVE AN  INJUNCTION IN COLORADO, IN  PENNSYLVANIA, IN NEW YORK. BUT  WE KNOW THE ADMINISTRATION IS  GOING TO TRY AND EVADE JUDICIAL  REVIEW BY CONSTANTLY MOVING  PEOPLE AROUND. SO WHAT WE'VE  TOLD PEOPLE IS IF YOU THINK ONE  OF YOUR CLIENTS IS AT RISK  SOMEWHERE IN THE COUNTRY, WE  WILL FILE SOMETHING IN THAT PART  OF THE COUNTRY, AND WE'RE JUST  GOING TO HAVE TO KEEP DOING IT  UNTIL ULTIMATELY, THE SUPREME  COURT STEPS IN AND ISSUES A  RULING ONE WAY OR THE OTHER. BUT  THAT'S THE PROBLEM IS RATHER  THAN THE ADMINISTRATION SAYING,  OKAY, WELL, WE'LL BE ORDERLY AND  WAIT FOR A COURT RULING, THEY'RE  JUST MOVING PEOPLE AROUND AND  TRYING TO DO IT WITHOUT US  NOTICING.  >> SO I DON'T KNOW, OFF THE TOP  OF MY HEAD, IF DEPARTMENT OF  HOMELAND SECURITY HAS HAS SAID  SOMETHING ONE WAY OR THE OTHER  IN THE INTEREST OF FAIRNESS HERE  ABOUT WHETHER THEY'RE MOVING  PEOPLE INTENTIONALLY FOR THAT  PURPOSE. BUT WHAT YOU'RE SAYING  IS YOU THINK THEY ARE  INTENTIONALLY MOVING PEOPLE  THROUGH JURISDICTIONS IN A GAME  OF SORT OF LIKE STAYING ONE STEP  AHEAD OF HABEAS PETITIONS WITH  THE POSSIBILITY OF MAYBE GETTING  PEOPLE ONTO PLANES THEY CAN SEND  DOWN TO EL SALVADOR.  >> YOU KNOW, I OBVIOUSLY DON'T  KNOW EXACTLY WHAT THEIR MINDSET  IS, BUT IT SURE SEEMS THAT WAY.  AND SO NOTE THAT ALL THE PEOPLE  WHO WERE SENT TO SALVADORAN  PRISON ON MARCH 15TH WERE FROM  THE SOUTHERN DISTRICT OF TEXAS.  WE NOW HAVE AN INJUNCTION THERE.  SO THEY'VE STARTED PUTTING  PEOPLE IN THE NORTHERN DISTRICT  OF TEXAS. WE KNOW THAT OUR  CLIENTS IN PENNSYLVANIA,  COLORADO, OTHER PLACES HAVE BEEN  MOVED TO TEXAS. AND SO, YOU  KNOW, THE ADMINISTRATION CAN SAY  THAT'S NOT WHY WE'RE DOING IT,  BUT IT FEELS LIKE THAT'S WHAT  THEY'RE DOING, AND IT"}]