Posted on Monday, March 17, 2025
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by AMAC, Robert B. Charles
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8 Comments
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In another extraordinary ruling by an Obama-appointed judge on March 15th, US District Judge James Boasberg tried to stop President Trump from exercising Article II authority under the “Alien Enemies Act of 1798,” companion to the 1798 “Alien Friends Act.” Like John Adams, Trump was legally right, but the Obama judge – smart as he is – was legally wrong.
Fact: A dangerous Venezuelan group, called “Tren de Aragua,” penetrated the southern border – illegally – under President Joe Biden, setting up headquarters in Chicago.
Fact: Tren de Aragua quickly spread – as far north as New England. The 5000-strong group is not political but is ruthless, trafficking in drugs, guns, women, and terror. They operate in 12 countries and are designated as a Foreign Terrorist Organization (FTO).
Fact: The text of the “Alien Enemies Act” is not ambiguous. While infrequently used, by Adams in 1798 against illegal aliens (US not at war), by Democrat Woodrow Wilson in WWI, and by Democrat FDR in WWII, the text is clear.
Fact: The Act is not about sedition, but security threatened by “alien enemies.” It is triggered by war, that is true. It is ALSO triggered – allowing a president to act under its authority – when “any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States…”
Fact: While the act discusses war with a foreign nation or government, definitions are missing. Needed would be Venezuelan approval of (or acquiescence in) the group’s actions. The group operated with impunity, until recently, in Venezuela. They had a headquarters not taken down. They killed opponents of Venezuelan leader, Maduro.
Fact: Donald Trump discussed repeatedly his intent to exercise Article II and statutory powers under this act. He might as easily have exercised powers under its companion act, the “Alien Friends Act,” which requires no finding of hostility, only illegality.
Fact: President Trump began arresting members of the group in January 2025, as promised. He initiated orders for a flight to Venezuela in early March and negotiated an agreement with the Venezuelan government to receive 300 members of the group.
Fact: To assist in supporting the rule of law in Venezuela and imprisonment of these group members – for US citizens and Venezuelan benefit – he provided six million dollars to the Venezuelan government. The government received and imprisoned the gang on March 15.
Fact: After two planeloads of violent criminals were aloft, outside US airspace, over international waters, the Obama judge threw a fit. More precisely, he ordered the plane to return with these 300 members of the violent, invading Venezuelan gang.
Fact: The Obama judge, who previously ruled for whales over lobstermen, demanded of the President: “Any plane containing these folks that are going to take off or is in the air needs to be returned to the United States, however, that is accomplished. Make sure it’s complied with immediately.”
Fact: Judges, of course, are important. Respect for them is important. They have authorities granted by Congress, except the Supreme Court, tied to the Constitution.
Opinion: This judge was way out over his skis. Frantically, and ideologically, he was trying to stop a president from exercising authorities granted to him by Article II and statute. Trump by law conducts foreign affairs and protects, not an Obama judge.
Opinion: More irritating, that one judge cannot decide for America when to turn an aircraft carrier, satellite, or plane full of terrorists around, and bring them back.
Bottom line: Democrat-appointed judges, like their cohorts in Congress, governorships, and state legislatures, are lost. Trump was legally right, assessment sound. Members of an FTO are “alien enemies,” deportable., Trump wins, Obama judge loses. End of story.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC. Robert Charles has also just released an uplifting new book, “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024).
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