Update no.1216

 Update from the Sunland

No.1216

28.4.25 – 4.5.25

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

The follow-up news items:

-- U.S. District Judge Fernando Rodriguez, Jr., [FYI: appointed by Trump] issued his decision in the case of J.A.V. v. Trump [USDC TXSD Brownsville Division Case no 1:25-cv-00072 (2025)], a challenge to the government’s use of Alien Enemies Act of 1798 (AEA) [PL 5-II-066; 1 Stat. 577; 6.7.1798] [1213] in the deportation of three Venezuelan national immigrations seeking asylum in this country. Pursuant to Executive Proclamation 10903 of March 15, 2025, titled: Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua, the U.S. Government (USG) proceeded to expel, deport, and incarcerate individual its designated as TdA members illegally in this country.

The judge utilized a considerable portion of his 36-page ruling to examine the government’s use of the AEA in this case. Unfortunately, Judge Rodriquez chose not to render any broader judgment regarding the constitutionality of the USG’s use of the AEA without a declaration of war—a judgment for another day. Judge Rodriquez’s decision permanently prohibits the USG from using the AEA and Executive Proclamation 10903 against the named individuals and the associated protected class.

I am convinced that some individuals who have illegally entered the United States over the years are true bad hombres. I would not be surprised if Maduro’s Venezuela has convinced the TdA to leave the country or die. The same may well be true for MS13 members from El Salvador. Those bad men may well have been encouraged and enticed to leave their native country and go to the United States to carry out their criminal activity. The problem we have is sorting out the bad men from the good, honest, productive individuals who are here only seeking sanctuary from the oppression they experienced in their native land. TdA, MS13, et al, are truly “alien enemies,” but that does NOT mean all individuals from Venezuela, El Salvador, et al, are bad people who should be deported and incarcerated at CECOT or other prison or detention centers. There is no question, debate, or discussion regarding the fact that TdA, MS13, and others are harmful to the citizens and property of the United States of America. They are bona fide bad men. We do not want them in this country in any form. Yet, such resistance does not mean that we must suspend the U.S. Constitution and “due process of law” to expel those bad men, because, to do so, would likely mean that innocent individuals could be caught up erroneously in any expulsion action by the U.S. Government.

This conundrum of status is one of many reasons we have “due process of law,” to ensure that any persons subject to the action of the U.S. Government does, in fact, qualify for the imposition of such action. We must sort out the wheat from the chaff. The current regime is emphatically not doing that sorting process. They are unilaterally declaring all are the same and using the scythe of the Instruments of State to carry out their actions in total disregard of the due process provisions of the U.S. Constitution.

While this district court decision is confined to the individual petitioners and the associated protected class, I imagine the USG will appeal the case, anticipating a more favorable judicial pronouncement. I expect the higher courts will affirm Judge Rodriquez’s analysis and decision, but that definitely not a certainty in today’s world. The issue before us has never been whether bad men in this country without permission should be expelled from this country. To that end, I am supportive of the president’s aggressive actions against those bad men. Where I get crosswise with the president’s actions is ‘how’ he is doing this rather than ‘what’ he is doing. This whole kerfuffle has been about “due process of law,” to protect innocent individuals from being caught up in the USG’s zealous immigration operations.

 

As an interesting observation, the chaos, turmoil, and controversy of [no name]’s second administration is markedly different from his first administration. In his first administration, he tried to surround himself with competent professionals (for the most part), who tried to do the correct things needed in a federal government, but their loyalty to the Constitution eventually got in the way. The personnel turnover in the first administration had been extraordinarily high and unheard of in our history. Lincoln and Roosevelt famously chose rivals to serve, and despite their political differences, they rose to the occasion for the Republic’s benefit. Not so with this clown show. While the personnel turnover is noticeably lower in the second administration, the competence of the nominees and now federal officers is substantially below those of the first administration—not entirely but for the most part.

[No name] decided to “promote” his national security advisor Michael George Glen ‘Mike’ Waltz of Florida to be U.S. ambassador to the UN, after his first nominee was withdrawn ostensibly over concerns for the MAGAts’ very thin majority in the House of Representatives. Waltz’s deputy, Alex Nelson Wong, was not so lucky; he got canned without a “promotion”; (perhaps Wong was not loyal enough). All of this comes in the aftermath of the Signal chat kerfuffle, although they claim that Waltz’s “promotion” has nothing to do with the protection of classified material debacle that was the Signal chat fiasco.

 

Comments and contributions from Update no.1215:

Comment to the Blog:

“Negotiating with fascists doesn’t work. Neville Chamberlain proved that (again). CBS needs either dismissal with prejudice or trial of fact and law.

“I’ll respect your project, but I’d like to offer as food for thought the Canadian elections. Whether or not the Felon realizes it, Canadian attitudes toward the USA matter a lot.”

My response to the Blog:

Quite so. Feeding the bear does not lessen the bear’s appetite; it only encourages it.

I am with you on encouraging CBS to stand up to the bully. That man must be exposed for the fraud he is. If they settle, they are diminishing our freedom and rights. We can only hope CBS stands strong, and the Owen resignation was just a blip, but it is a foreboding sign.

Yes, exactly. Canada has been a staunch ally for many decades, and [no name] is going out of his way to alienate a friend and ally. I wish I could publicly speak to all our allies. What [no name] is doing is NOT the United States. I will argue that he is the antithesis of the United States. We are much better than what he is doing. Yes, the attitudes of Canadians (and many other allies) matter a whole lot. [No name] is taking absolute isolationism to an extreme so far beyond anything we have seen in history.

. . . Round two:

“People are standing up to the Administration. The resignation at CBS and Scott Pelley’s on-air explanation are part of that.

“Mark Carney’s big win in the Canadian election represents the international response, which will continue to be harsh. The only prominent players cooperating with the Felon are Israel and Russia, which favors Epstein Island as an explanation for the Felon’s behaviors.”

 . . . my response to round two:

Yes, people are standing up to the administration, which raises the importance of the midterms next year. Wouldn’t it be magnificent if we had a substantial majority in the House, and a 3/5+ majority in the Senate. There is always hope until there isn’t.

Yes, it does . . . in a very demonstrable way. Oh, there are many indicators of the Felon’s malfeasance.

You know, if we could just reach the Russia people, I believe we would find a very common and supportive population. Unfortunately, the ultra-conservatives control the government, and they are using many of the tools of State to suppress any slight dissent, kinda like [no name] is attempting in this country.

 . . . Round three:

“The Congressional Republicans have slim majorities. Ordinary turnover could end that before the midterms.

“History and experience convince me that most people are benevolent, but ‘leaders’ often aren’t. I suspect there’s much dissent specifically in Russia and probably in most repressive countries. It’s a shame Voice of America has been shut down.”

 . . . my response to round three:

We can always hope. I shall do my part when called upon.

Oh my, you are spot on correct. That is my observation as well.

From my observation, I believe you are correct. The dissent in Russia is the majority. However, the Soviet-style security apparatus in Russia has been very effective at suppressing dissent. How many Russian oligarchs have we seen tossed out of windows?

. . . Round four:

“The dissent I referred to in Russia isn’t the oligarchs. They’re co-conspirators the tyrant turned on. Real, ordinary people very likely dissent and will take action when the opportunity comes.”

. . . my response to round four:

I fully understand and agree. Perhaps normal folks like you and me in Russia are getting tossed out of windows as well, but I think it is just the dissenting oligarchs to make a clear statement to the populace. Yes, they are co-conspirators (and enablers) that Putin and his ultra-right-wing supporters turned on. History says your observation is correct. I am reminded of the salient phrase in the Declaration that “. . . mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.” The Russians have a long, demonstrable history of suffering, but then again, they have also arisen and acted on several occasions. There is always hope.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)