President Donald Trump and his administration have once again been handed an L in the federal courts. Yesterday, the U.S. Court of Appeals for the Fifth Circuit ruled that Trump improperly invoked the Alien Enemies Act when he deported hundreds of immigrants to Venezuela. [00:00:20] And that's from one of the most conservative. Let me repeat that again. Conservative. Federal courts in the entire country. So this is a big deal. So here's a refresher on the Alien Enemies Act. The 1798 law allows for the summary deportation of people from countries [00:00:39] at war with the United States, or which have invaded the United States or engaged in predatory incursion. So the Alien Enemies Act has only been used three times in US history. It has only been used when the U.S. [00:00:54] Was at war, specifically during the War of 1812, and both World wars, which is a little different from having an immigration issue. Right. And that's what the court agreed with. So now the Trump administration is claiming that they can use [00:01:09] the Alien Enemies Act to deport immigrants without giving them due process, which is a gross and authoritarian thing to do. They're arguing that trend. Aragua the gang members are invading the entire country, committing warfare against the United States, hence justifying the use of the alien enemies Act [00:01:29] in order to engage in these deportations. There are also alleging that trend Aragua is linked to the Venezuelan government. However, the U.S. Court of Appeals for the Fifth Circuit wasn't buying that argument at all. In fact, one judge wrote, a countries encouraging a country encouraging [00:01:47] its residents and citizens to enter this country illegally is not the modern day equivalent of sending an armed, organized force to occupy, to disrupt or to otherwise harm the United States. So I want to be clear about something. [00:02:05] Whether or not those who were deported were actually members of a Venezuelan gang was not adjudicated because there was no due process. Trump was simply justifying the deportations under the Alien Enemies Act. [00:02:20] And even if the court grants him that the individuals deported were in fact gang members, which hasn't been proven, but let's say they granted him that the alien enemies act still does not apply to this case. Jake. Thoughts? Yeah, so there's a number of things that the court got right here. [00:02:36] So they said, you have to use this when we're at war. We're not at war. We're just not. And number two is there's no evidence that the Venezuelan government ordered an invasion of America. And that that justifies your. [00:02:52] You saying that we're at war, apparently, with Venezuela? That's news to a lot of people. Although we did hit a boat from there just the other day. And so he's there like, none of this is true. There is no invasion of America. There's just normal amount of immigration. [00:03:07] In fact, right now there's a very low undocumented immigration into the country. A lot of people giving Trump credit for that, that makes sense. But then you can't say it's an invasion, right? And then finally, the most important part is the due process part. No time to challenge, the case, no proof presented, and we can't get them back. [00:03:28] So it was a 2 to 1 decision. It's one of the most conservative, circuits in our system. It's the Fifth circuit. Very conservative. But including a Bush appointed a judge said, no, you cannot use this act to justify your actions. But I am a little worried because the Trump appointed judge said, [00:03:45] nope, that's it. You can't question the president on anything. If he says it's a war, it's a war. If he says Venezuela ordered it, then Venezuela ordered it. But that still doesn't explain. Yeah, but do we have due process or don't we have due process? The president can't order due process away, right? [00:04:00] Right. But I'm afraid that the Supreme Court might say that he can. So I'm. That's what I'm worried about. And this case is certainly headed to the Supreme Court. So we're going to have to wait and see how that plays out. Yeah. And this is critical guys. Because if there's due process then everything is going to be all right [00:04:15] if the courts hold. But if the courts say that the president has so much power that he doesn't have to present evidence and he can just send you to jail or send you to a foreign country without presenting evidence, then this is not America anymore. That is not our constitutional system. So this case is mega important. [00:04:33] And the fact that the good guys in America won in the one of the most conservative districts is great news, but we're still crossing our fingers for the Supreme Court. Every time you ring the bell below, an angel gets his wings. Totally not true, but it does keep you updated on our live shows.