Trump’s deportation flights and use of the Alien Enemies Act: Bias Breakdown

[Karah Rucker]

WELCOME TO BIAS BREAKDOWN.

I’M YOUR HOST – KARAH RUCKER.

THERE IS A DIVIDE BETWEEN THE POLITICAL LEFT AND RIGHT OVER THE TRUMP ADMINISTRATION’S USE OF THE 1798 “ALIEN ENEMIES ACT” –

TO DEPORT ALLEGED VENEZUELAN GANG MEMBERS TO AN EL SALVADOR PRISON.

THE ACLU SUED ON BEHALF OF FIVE OF THOSE DETAINED – 

AND A FEDERAL JUDGE – BLOCKED THE DEPORTATION FLIGHTS –

MEDIA COVERAGE OF THE STORY REFLECTS THE POLITICAL DIVERGENCES ON THE ISSUE – WITH LEFT AND RIGHT LEANING NEWS OUTLETS FRAMING THE FACTS DIFFERENTLY.

THAT’S THE FOCUS OF TODAY’S BIAS BREAKDOWN.

THE QUESTION AT THE HEART OF THE LAWSUIT –

IS WHETHER THE TRUMP ADMINISTRATION CAN USE “THE ALIEN ENEMIES ACT” TO DEPORT VENEZUELANS IN THE COUNTRY ILLEGALLY – ALLEGED TO BE ASSOCIATED WITH THE GANG TREN DE ARAGUA – TO A SALVADORAN HIGH SECURITY PRISON.

THIS IS STILL BEING DECIDED IN THE COURTS.

THE OTHER –

IS WHETHER THE TRUMP ADMINISTRATION VIOLATED A JUDGE’S ORDER TO STOP MIGRANT FLIGHTS WHILE THE BROADER CASE PLAYS OUT.

AS OF THIS RECORDING – THE JUDGE SAYS HE’S LOOKING INTO WHETHER THE ADMINISTRATION VIOLATED THE ORDER – 

AND THE ADMINISTRATION ARGUES – THEY DIDN’T.

BUT THE MEDIA – ALREADY CAME TO THEIR OWN CONCLUSIONS THAT FIT THEIR POLITICAL SIDE.

HERE ARE A FEW EXAMPLES FROM LEFT-LEANING NEWS OUTLETS SUGGESTING THE WHITE HOUSE DEFIED THE JUDGE AND VIOLATED COURT ORDER.

FROM THE NEW YORK TIMES – “A Judge Ordered Deportation Planes to Turn Around. The White House Didn’t Listen.”

THE WASHINGTON POST – “Deportation flights landed **after judge said planes should turn around.”

AND THE GUARDIAN – “US deports 250 alleged gang members to El Salvador despite court ruling to halt flights.”

SEVERAL  RIGHT-LEANING OUTLETS REPORTED THE DEPORTATION FLIGHTS MADE IT OUT OF THE U.S. IN TIME **BEFORE THE JUDGE’S ORDER WENT INTO EFFECT.FROM THE WASHINGTON EXAMINER –

“Trump administration rushed deportation flights out of US **before judge blocked them” 

THE WASHINGTON TIME’S HEADLINE READ

“Murder suspect, sex offenders, gun wielders were on deportation flight judge **tried to stop.” 

AND BREITBART WROTE “secretary of state MARCO RUBIO, and el salvador’s president NAYIB BUKELE CELEBRATE DEPORTATIONS AFTER JUDGE **FAILS TO HELP TREN DE ARAGUA CRIMINALS.”

SO WHY IS THERE CONFLICTING REPORTING OVER WHETHER THE DEPORTATION FLIGHTS LEFT BEFORE OR AFTER THE JUDGE’S RULING?

THERE ARE SEVERAL FACTORS. 

INCLUDING WHETHER PLANES OVER INTERNATIONAL WATERS WERE STILL SUBJECT TO THE JUDGE’S ORDER TO TURN BACK –

AND WHETHER THE ORDER WENT INTO EFFECT WHEN THE JUDGE GAVE HIS VERBAL **OR WRITTEN ORDER.

WE’LL BREAKDOWN THE TIMELINE TO GIVE YOU THE FULL PICTURE SINCE THIS IS CENTRAL TO THE ARGUMENT.

ON SATURDAY MARCH 15TH – JUDGE JAMES BOASBERG HELD A HEARING AT 5 PM.

AT 5:26 PM – THE FIRST DEPORTATION FLIGHT LEAVES HARLINGEN, TEXAS ACCORDING TO AVAILABLE “FLIGHT RADAR 24 DATA”.

AT 5:45 PM – ABOUT 15 MINUTES LATER – A SECOND PLANE TAKES FLIGHT.

BETWEEN 6:45 AND 6:48 PM – THE JUDGE **VERBALLY ORDERED ANY PLANES CARRYING ANYONE BEING DEPORTED **UNDER THE ALIEN ENEMIES ACT** “NEEDED TO BE RETURNED TO THE U.S.”

BY THIS TIME – THE FIRST PLANE WAS OVER MEXICO – AND THE SECOND WAS OVER THE GULF.

THAT’S ACCORDING TO COURT FILINGS YOU CAN FIND ON OUR WEBSITE.

LET’S KEEP TRACKING.

AT 7:26 PM – THE JUDGE’S **WRITTEN ORDER IS POSTED ONLINE. THE **WRITTEN ORDER – DID NOT INCLUDE LANGUAGE ABOUT TURNING FLIGHTS AROUND.

10 MINUTES LATER – NEAR SIMULTANEOUSLY – THE FIRST FLIGHT OF INDIVIDUALS BEING DEPORTED ARRIVES IN HONDURAS – AND A **THIRD FLIGHT  DEPARTS FROM TEXAS.

THE PASSENGERS ON THE THIRD FLIGHT – TRUMP’S DOJ SAYS – WERE BEING DEPORTED ON THE BASIS OF “TITLE 8 REMOVAL PROCEEDINGS” – NOT SOLELY ON THE “ALIEN ENEMIES ACT” – WHICH IF THAT IS THE CASE – THE WHITE HOUSE SAYS THIS FLIGHT WOULD NOT BE SUBJECT TO THE JUDGE’S ORDER.

THE SECOND FLIGHT PIT STOPS IN HONDURAS SHORTLY AFTER THE FIRST – 

AND BY ABOUT ONE A.M. ON SUNDAY MARCH 16TH – ALL THREE FLIGHTS LANDED IN EL SALVADOR.

EARLY SUNDAY MORNING – EL SALVADOR’S PRESIDENT BUKELE POSTED ON X “OOPSIE…TOO LATE” IN REFERENCE TO THE JUDGE’S ORDERS.

BUKELE ALSO UPLOADED THIS FOOTAGE OF THE ALLEGED CRIMINALS UNLOADING OFF THE PLANES AND INTO THE PRISON.

IN A “NOTICE TO THE COURT” SUBMITTED BY THE DOJ –

U.S. ATTORNEY GENERAL PAM BONDI WROTE – 

“some gang members subject to removal under the Proclamation had already been removed from United States territory under the Proclamation before the issuance of this Court’s second order.” –

REFERRING TO THE JUDGE’S ORDER TO HALT **ALL FLIGHTS RELATED TO THE ALIEN ENEMIES ACT  AS THE “SECOND ORDER” –

WITH THE JUDGE’S FIRST ORDER – THE MORNING OF MARCH 15TH – BEING NOT TO DEPORT THE FIVE INDIVIDUALS IN THE ACLU’S LAWSUIT BEFORE EXPANDING IT THAT EVENING TO ALL FLIGHTS. 

IN RESPONSE TO THE NOTICE –

THE ACLU ARGUED THE TRUMP ADMINISTRATION BLATANTLY VIOLATED THE JUDGE’S ORDER.

 WRITING – “Whether or not the planes had cleared U.S. territory, the U.S. retained custody at least until the planes landed and the individuals were turned over to foreign governments.”

“Defendants could have turned the plane around without handing over individuals.”

JUDGE BOASBERG DEMANDED LAST WEEK THE TRUMP ADMINISTRATION TURN OVER INFORMATION AND ANSWER QUESTIONS ABOUT THE TIMING OF THE FLIGHTS – WHEN THE PLANES LEFT U.S. AIRSPACE, AND HOW MANY PEOPLE WERE BEING DEPORTED SOLELY ON THE BASIS OF THE “ALIEN ENEMIES ACT.”

THE DOJ ARGUES – THAT INFORMATION IS SENSITIVE – AND IS NOW FIGHTING THE JUDGE’S ORDER REQUESTING THE DATA.

HERE’S BONDI ON FOX NEWS’ “SUNDAY MORNING FUTURES.”

“The supreme court will get involved. This is an out of control judge – a federal judge – trying to control our entire foreign policy and he cannot do it.

 “He’s trying to ask us about national security information which he is absolutely not entitled to.”

IN A FRIDAY HEARING – AFTER THE DOJ DECLINED TO HAND OVER FLIGHT INFORMATION –

BOASBERG ASKED “Why was this law essentially signed in the dark and these people essentially rushed onto planes? It seems to be that you only do that if you know it’s a problem and you want to get them out of the country before lawsuits can be filed.”

TRUMP’S BORDER CZAR TOM HOMAN RESPONDED TO THE ORDER IN AN INTERVIEW…

“Youre going against the judges now. What’s next?

“Another flight. Every day.”

“We’re not stopping. I don’t care what the judges think. I don’t care what the left things. We’re coming.”

HOMAN LATER HAD TO CLARIFY ON ABC NEWS – THE ADMINISTRATION IS OBEYING THE COURT’S ORDERS – NOT SENDING DEPORTATION FLIGHTS OUT ON THE GROUNDS OF THE ALIEN ENEMIES ACT –

BUT IS STILL CONDUCTING REGULAR DEPORTATION FLIGHTS INCLUDING ONE TO VENEZUELA THAT TOOK OF MONDAY.

“I understand this case is in litigation through the alien enemies act and we’ll abide by the court order but my point was, despite what he thinks, we’re going to keep targeting the worst of the worst and deporting from the united states through the various laws on the books.”

THIS BACK AND FORTH COURT BATTLE IS STILL PLAYING OUT –

WITH THE DOJ EMPLOYING  “THE STATE SECRETS ACT” MONDAY NIGHT –

WHICH ALLOWS THE EXECUTIVE BRANCH TO BLOCK THE USE OF EVIDENCE WHEN IT FEELS REVEALING CERTAIN INFORMATION IN OPEN COURT COULD “HARM NATIONAL SECURITY.”

THE DOJ ON MONDAY ALSO ASKED AN APPEALS COURT TO LIFT JUDGE BOESBERG’S ORDER.

ITS UNCLEAR HOW OR WHEN THE APPEALS COURT WILL RULE – BUT ONE OF THE THREE JUDGES – HAD THIS TO SAY –

“There were planeloads of people. There were no procedures in place to notify people. Nazis got better treatment under the Alien Enemies Act than has happened here, where the proclamation required the promulgation of regulations, and they had hearing boards before people were removed.”

THIS ARGUMENT OVER THE DEPORTATION FLIGHTS TO EL SALVADOR – CONSUMED THE NEWS CYCLE.

NETWORKS WITH A LEFT AND RIGHT LEAN IN THEIR COVERAGE – ARE BROADCASTING DIFFERENT NARRATIVES.

BETWEEN HOSTS, ANALYSTS, AND GUESTS ON THEIR SHOWS – 

NETWORKS ON THE LEFT ARE LEANING INTO THE ACCUSATION OF THE TRUMP ADMINISTRATION OVERSTEPPING ITS AUTHORITY.

AND NETWORKS ON THE RIGHT ARE LEANING INTO ACCUSATIONS JUDGES ARE OVERSTEPPING THEIR AUTHORITY.

THE TRUMP ADMINISTRATION’S  ARGUMENT SHARED BY NETWORKS ON THE RIGHT…

“Obama nominee judge patricia mallette made her own political speech with words chosed that would guarantee her national media coverage. <1:59> nazis.of course, theyre back to nazis.”

“a lot of these judges in my view have exceeded their authority including the imposition of national injunctions and on that i think the trump administration has a winning case to make.” 

AND THE ACLU’S SIDE OF THE CASE SHARED BY LEFT NETWORKS.

Veronica how strong do you think the administration’s case is here? I think it’s a very weak case. In the end this is going to come down to checks and balances and congress did not speak to this. The president wants to take this unusual power for himself.”

“This is the overreach of big government.”

“Is that what we are as a country. Is that what maga really wants/ a president to have that kind of power? That power can be used against anybody.”

 “that’s what the courts are there to decide, whether a case is frivolous, not donald trump.” 

THE MEDIA’S COVERAGE OF THE STORY –

HAS BEEN CONFLICTING – AS YOU HEARD THERE.

AND AT TIMES – CONTENTOUS – AS NETWORKS TAKE THE COURT BATTLE TO THE TV SCREEN.

ON CBS’ FACE THE NATION SUNDAY – ANCHOR MARGARET BRENNAN PRESSED NATIONAL SECURITY ADVISER MIKE WALTZ OVER THE USE OF THE “ALIEN ENEMIES ACT” – WHICH IS SUPPOSED TO BE RESERVED FOR “whenever there is a declared war between the u.s. And any foreign nation or government, or any invasion or predatory incursion” –

Then “subjects of the hostile nation or government” “within the united states and not naturalized” can be “apprehended and removed.”

“Just to clarify on that – this is supposed to apply if the u.s. Is at war with a country.

 – you are saying you have evidence that the government of venezuela is directing these gangs?”

“We’re saying that TDA is acting as a proxy of the maduro regime. This is how the alien seditious act applies and we cannot have district judges interfering with the commander in chief’s actions to take care of in the way he deems necessary a terrorist organization.”

“So the u.s. Is at war with venezuela?”   

“We’re making a washington dc distinction when the american people are tired of being terrorized by gangs.

“No one is defending gangs but there is concern -”

“Well it sounds like it, it certainly sounds like it.”

A SIMILAR SCENARIO PLAYED OUT ON CNN – WITH ANCHOR KASIE HUNT PRESSING DEPUTY CHIEF OF STAFF STEPHEN MILLER ON THE LEGALITY OF THE ADMINISTRATION’S USE OF THE ALIEN ENEMIES ACT TO DEPORT TDA GANG MEMBERS.

So do you then think we are at war with the nation state of venezuela? You’re not hearing me and you’re not understanding me.  

 “It does say at the very beginning there has to be a declared war against a nation or a state – no. no wrong.”   

IN SUMMARY –

THERE IS AN ONGOING COURT CASE OVER THE LEGALITY OF THE TRUMP ADMINISTRATION’S USE OF THE ALIEN ENEMIES ACT TO DEPORT ALLEGED TREN DE ARAGUA GANG MEMBERS AND A DISTRICT JUDGES ORDER TO STOP RELATED DEPORTATION FLIGHTS.

IT COULD MAKE ITS WAY ALL THE WAY TO THE U-S SUPREME COURT –

AS ITS CURRENTLY SITTING IN AN APPEALS COURT.

–

THE TRUMP ADMINISTRATION HAD SOME DEPORTATION FLIGHTS ALREADY AIRBORNE.

THE DISTRICT JUDGE IS NOW INVESTIGATING WHETHER THE FLIGHTS VIOLATED HIS ORDER OR NOT.

THE MEDIA ON THE LEFT AND RIGHT –

ARE PRESENTING ARGUMENTS FOR THE SIDE THAT BEST FITS THEIR POLITICAL NARRATIVE. 

RATHER THAN PRESENTING YOU WITH THE FACTS – STATEMENTS FROM BOTH SIDES OF THE COURTROOM –

AND THEN LEAVING IT TO **YOU TO FORM AN OPINION WITH THE INFORMATION AND BALANCED ARGUMENTS PRESENTED.

IT’S LIKELY YOU FEEL ONE SIDE HAS A STRONGER CASE THAN THE OTHER BECAUSE WE ALL HAVE OPINIONS.

MY JOB IS TO PRESENT YOU WITH THE NEWS —

NOT TO PERSUADE YOU..

IF YOU WERE TO READ OR SEE THIS STORY ONLY FROM A NEWS OUTLET ON THE LEFT OR RIGHT – YOU MAY HAVE BEEN GUIDED THROUGH THEIR PREFERRED POLITICAL LENS.

BUT THE VERDICT IN THIS CASE – IS STILL OUT.

AND THAT’S YOUR BIAS BREAKDOWN.

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