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District Judge Overreaches Amid Latest Lawfare Against Trump

The battlefield for the new lawfare against President Donald Trump was quickly shaped when, within hours of the president’s March 15 executive order deporting alleged Venezuelan gang members, ACLU lawyers sympathetic to their plight filed a habeas petition in the D.C. District Court.

The ACLU is seeking to stop the executive branch from removing five plaintiffs. D.C. District Judge James Boasberg hastily took command and control over the latest iteration of lawfare, emergently agreeing to consider the case and issuing orders camouflaged in legitimacy. Judge Boasberg’s orders, actions, and reactions are laden with plain error.

From the onset, Boasberg failed to recognize his court lacks the jurisdiction to hear this case. Why? The ACLU filed this case in the District of Columbia. The five Venezuelan plaintiffs represented by the ACLU are not detained in D.C., but in New York and Texas. The Supreme Court ruled in Rumsfeld v. Padilla that no court has jurisdiction over a habeas petition unless those filing the petition are detained in the district in which it was filed.

Boasberg was also quick to accept the plaintiffs’ premise that the Alien Enemies Act (AEA) is a power properly exercised only during a time of war. This is patently false. Any plain reading of the law makes it clear that the AEA