Judge Boasberg is not my president

Trump found a legal way to defy the rogue in a robe

Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

—Chief Justice John Roberts, NFIB v. Sebelius, 2012.

The question before the court now is if the Elections Have Consequences Rule applies now or only when we have a DEI hire as president because if a president needs the permission of a judge to do his job then he is not the president; the judge and 676 other district judges are because now they are somehow empowered to stop any and all acts of the president.

But the twigs are not the tree. We shall see if the justices agree.

On Friday, President Trump filed an appeal to the Supreme Court of District Judge Boasberg’s unprecedented and unconstitutional order to stop enforcing immigration law, this time through the Alien Enemies Act of 1798 as amended in 1918 to include females. Two years before American women got the right to vote, non-American women got the right to be tossed into prison and deported.

Boasberg not only voided Trump’s enforcement of this law with a temporary restraining order, but the judge gave verbal orders to stop two planes en route to Central America with deported aliens. This avoided a written record.

In Trump’s filing. acting solicitor general Sarah M. Harris said, “This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country—the President, through Article II, or the Judiciary, through TROs. The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”

While liberals promote a now discredited report in The Atlantic to say we must impeach Defense Secretary Pete Hegseth for breaching national security (he didn’t) liberals also argue that the courts are in charge of national security.

Judge Boasberg’s restraining order effectively defies a law that our Founding Fathers created in the 5th Congress, which included Senate President Thomas Jefferson and House Speaker Jonathan Dayton, who at age 26 was the youngest man to sign the Constitution. He achieved manhood early after joining the Continental Army at 15.

Trump is enforcing the law by arresting and deporting Tren de Aragua, a gang from Venezuela that terrorizes American citizens, without bothering the courts. The Founding Fathers knew the Constitution was not a suicide pact.

But Trump found a way around Judge Boasberg’s disorderly order. The president sent 17 illegal alien terrorists to El Salvador without court intervention but not using the 1798 law on Sunday night. He used another law.

Secretary of State Marco Rubio tweeted, “Last night, in a successful counter-terrorism operation with our allies in El Salvador, the United States military transferred a group of 17 violent criminals from the Tren de Aragua and MS-13 organizations, including murderers and rapists.

“In order to keep the American people safe, Trump designated the Tren de Aragua and MS-13 as Foreign Terrorist Organizations. These criminals will no longer terrorize our communities and citizens.

“Once again, we extend our gratitude to Nayib Bukele and the government of El Salvador for their unparalleled partnership in making our countries safe against transnational crime and terrorism.”

Why is Judge Boasberg so insistent that we keep child rapists and other terrorists in our country? Follow the money. Like many other politicians, he benefits from the mass refusal of Democrat presidents and the second Bush to enforce federal immigration laws.

Boasberg’s daughter Katharine defends MS-13 and TDA gangsters, receiving pay from an NGO, Partners in Justice, which raked in $3.3 million in 2023 year from the federal government.

In light of this, the judge should not hear the case.

In Caperton v. Massey Coal in 2009, the Supreme Court ruled that West Virginia Chief Justice Brett Benjamin had to recuse himself because the CEO of Massey spent $3 million to get him elected. Having a biased judge denied the plaintiff, Hugh Caperton, due process.

How does his daughter’s employment as a professional opponent to the president’s immigration policies not cancel due process? Boasberg refusal to recusal disqualifies him from presiding over any challenge to the administration by anyone anytime.

Well, Boasberg does sound like the name of a town with too many snakes.

Senator Eric Schmitt tweeted, “Judge James Boasberg has now been assigned his FOURTH major Trump case.

“This happens far too often. Big conservative cases magically end up in the hands of far-left judges. They tell us it’s random—but it’s not.

“I’m demanding a full investigation, answers, and reforms.”

There is also the matter of jurisdiction. The five people identified as plaintiffs in the deportation case are being detained in Texas, not DC. Do not be surprised if the chief justices uses this to punt the case to Texas and avoid the whole problem of district judges vetoing the president.

Trump is enforcing the law. If Boasberg does not like the law, he should lobby Congress to repeal it. Of course, that would require him to step down as a judge. Instead he abuses that authority to stop the president’s actions. He’s thinks he’s the official hall monitor of the White House.

He is worse, of course. Liz Wheeler tweeted:

Judge Boasberg sentenced Ray Epps.

Ray Epps, who is on tape telling people to “go into the Capitol” on Jan. 6th. Ray Epps, who was on the FBI’s most wanted list after J6, only to be mysteriously removed for no reason.

(We KNOW the reason.)

Ray Epps, who wasn’t arrested or charged or sentenced… for years. While others who merely walked on Capitol grounds were raided, handcuffed, imprisoned, & branded as terrorists.

Ray Epps, who, when he was *finally* charged… faced one measly charge of disorderly conduct. And never faced a day in prison. Not one. He was given a quiet slap on the wrist & let go with a year probation.

He didn’t even get a scolding from the judge who let him go.

That judge? Boasberg.

Be of good cheer, however. Trump’s lawyers are winning cases against courts stacked against him.

Kyle Cheney tweeted, “The federal court of appeals in DC has cleared the way for Trump to fire members of the National Labor Relations Board and the Merit Systems Protection Board, consolidating Trump's grip on once ‘independent’ parts of the executive branch.”

There is no such thing as an independent part because the Constitution makes the president the chief of the executive branch.

The Hill bemoaned, “A federal appeals court on Friday cleared the way for Elon Musk and his Department of Government Efficiency to resume their efforts to shut down the U.S. Agency for International Development.”

Trump’s appeal of Boasberg’s attempt to overturn the 1798 law is an Operation Warp Speed for a court that usually works at the pace of a tortoise crawling in fudge.

NYT reported, “The justices set a speedy briefing schedule for the case, asking that lawyers for the immigrants file a response to the government’s application by 10 a.m. today.

“The case will offer a major early test for how the nation’s highest court will confront President Trump’s aggressive efforts to deport millions of migrants and his hostile posture toward the courts. Mr. Trump has called for impeaching a lower-court judge who paused the deportations.”

Speed is necessary because a president’s term is finite with a deadline embedded by the Constitution. Trump has until noon on January 20, 2029, to fulfill all those campaign promises the people voted for.

A federal judge serves forever, giving him the power of delay.

Chief Justice Roberts must decide if elections still have consequences.

* * *

This item was too late for Saturday’s Highlights of the News and it will be too old for the next one.

The New York Post reported, “Columbia University interim president Katrina Armstrong resigns, just days after caving to Trump admin demands.”

Kneel Armstrong.

On a personal note, I will undergo cataract surgery this morning. I have written a few newsletters in advance.