Tuesday, March 18, 2025

King v The Law


Thomas Paine wrote in 1776 that “… in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”

The deported Venezuelans case is looking like the constitutional crisis we’ve been waiting for. Judge Boasberg is not putting up with his orders being ignored, and Trump can’t and won’t give in (that would make him look like the weak loser that he is).

But the issue is not just the Venezuelans. Although their plight should not be ignored – they have been arrested without trial and sentenced to an indefinite period in a foreign prison where they could be subject to mistreatment if not torture. Some were in America legally and some no doubt had nothing to do with the Tren De Aragua gang but had no opportunity to prove it.

No, the issue here is the law – is the law king in America or is King Trump the law? Because if they get away with this, next they will go after American citizens who may have said or posted something that Donald or Elon didn’t like. This is how all authoritarian governments operate.

Trump and his supporters are going ballistic over this little bit of pushback against their illegal actions. They are framing it, for the public, that Trump is deporting criminals to make America safe but the bleeding-heart Democrats are opposing him and siding with criminal gangsters. Here are a few:

Senator Chuck Grassley:

“Another day, another judge unilaterally deciding policy for the whole country. This time to benefit foreign gang members. If the Supreme Court or Congress doesn’t fix this, we’re headed towards a constitutional crisis. Senate Judiciary Committee will be taking action.”

Mike Flynn:

Far too many judges are making decisions based on their political bias. Just as Americans have lost trust in the institutions of government, the legal profession, along with appointed judges, has also lost the trust of the American people by weaponizing the rule of law. People must be held ACCOUNTABLE for their treasonous and seditious behavior to our way of life (including certain judges).”

Tom Homan (the "Border Czar") was the most blatant about defying the judges orders: "We are not stopping. I don't care what the judges think. I don't care what the Left thinks. We're coming".

Then Trump jumps in himself on “Truth-Social”:

“This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President – He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”

Getting past the tantrum worthy of a spoiled 3 year old, and Trump’s delusions that because he won the last election that no one should dare to cross him, note the name-calling and call for impeachment of Judge Boasberg. That’s what Republicans do when they don’t have a case.

This afternoon (March 18) a Republican Congressman, Rep. Brandon Gill (R Texas) took Trump at his word and introduced articles of impeachment against Boasberg. The 4 page impeachment resolution argues that President Trump has the sole discretion to determine whether an invasion has taken place and therefore whether its emergency powers can be exercised. It charges Boasberg with “knowingly and willfully using his judicial position to advance political gain.”

Boasberg is the fifth judge to be impeached by this Republican Congress. None of them will likely result in any action – their purpose is harassment and intimidation and, no doubt, to impress the Maga base.

This harassment is serious. In the last two months Elon Musk has made more than 30 posts on X blasting the judges that have called him out for his illegal firings and cancelled contracts. U.S. Marshals have had to increase protection of judges because of increased violent threats against them by Musk’s followers. Threats to judges and their families include calls for shooting, hanging and beheading.

James Boasberg is the chief judge of the D.C. District Court and is an experienced and well respected judge. About 10 years before Obama appointed him to the federal bench in 2011, he was appointed to the D.C. Superior Court by George W Bush. Boasberg once wrote “Judges should not work from a desired outcome in assessing the law and facts. Instead, they should follow the law and facts to whatever outcome they dictate.”

This case is very likely headed to the Supreme Court where the final showdown will occur. How will that turn out?

Maybe not the way the Republicans were expecting. Supreme Court Chief Justice John Roberts had this to say today:

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”

He must have been anticipating this situation because in December 2024 he wrote in his year end report:

“Every Administration suffers defeats in the court system — sometimes in cases with major ramifications for executive or legislative power or other consequential topics. Nevertheless, for the past several decades, the decisions of the courts, popular or not, have been followed. Within the past few years, however, elected officials from across the political spectrum have raised the specter of open disregard for federal court rulings. These dangerous suggestions, however sporadic, must be soundly rejected.”

Roberts, whose court gave Trump the “get out of jail free” pass with the July 1, 2024 ruling giving presidents absolute immunity for official acts, appears to be having second thoughts now that the Trump administration is turning on federal judges. Let’s hope it’s not too late.

Update March 19


Sources:

https://oll.libertyfund.org/quotes/paine-on-the-idea-that-the-law-is-king-1776

https://www.politico.com/news/2025/03/18/john-roberts-donald-trump-impeach-federal-judges-00235742

https://www.axios.com/2025/03/18/donald-trump-impeach-judge-house-republicans

https://www.msn.com/en-ca/news/world/a-look-at-the-judge-who-blocked-trump-s-deportations-and-is-now-facing-calls-for-impeachment/ar-AA1Bbn95

https://hartmannreport.com/p/welcome-to-trumps-america-where-immigrants-2c2

https://robertreich.substack.com/p/trumps-further-descent-into-dictatorship


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