Politics
Column: Congress wants to impeach judges instead of doing its job
Some Republicans want U.S. District Judge James Boasberg removed from the bench for allegedly interfering with the president’s authority — under the Constitution and the 1798 Alien Enemies Act — to deport members of a Venezuelan gang.
Texas Rep. Brandon Gill and several colleagues introduced articles of impeachment charging that Boasberg violated his oath of office by “knowingly and willfully” using his “judicial position to advance political gain while interfering with the President’s constitutional prerogatives and enforcement of the rule of law.”
This is ridiculous. For starters, there is zero evidence Boasberg “knowingly and willfully” violated his oath, never mind that he acted in pursuit of “political gain.” Moreover, even if the House managed to pass articles of impeachment against Boasberg, nobody thinks two-thirds of the Senate would vote to convict. At best, this is theater; at worst it’s an attempt to intimidate judges so they stop scrutinizing Donald Trump’s deportation efforts.
And not just deportation. Republicans have introduced articles of impeachment against more than a half-dozen judges for ruling against Trump on a number of fronts.
But the war on Boasberg is the most intense and significant.
A quick recap. The Trump administration deported more than 200 people, delivering them to an El Salvador prison. Without providing much in the way of evidence, the government says most of them are part of a Venezuelan gang. The president claims the authority to do all this under the 1798 Enemy Aliens Act, which is one of the components of the notorious Alien and Sedition Acts. Indeed, the Enemy Aliens Act is the only component of the sedition acts that hasn’t been repealed or allowed to expire.
The 1798 law says that “whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government,” the president can, after a formal proclamation of such an emergency, remove “all natives, citizens, denizens, or subjects of the hostile nation or government” over the age of 14.
On March 15, Trump issued a proclamation asserting that the gang Tren de Aragua is a foreign terrorist organization that is “closely aligned with, and indeed has infiltrated, the Maduro regime.”
We aren’t at war with Venezuela last I looked, nor do I buy that Tren de Aragua is an invader controlled by a foreign government waging war on the U.S. But on the latter, perhaps the administration has better evidence than it has been willing to provide.
For argument’s sake, let’s say the gang meets the criteria of the Enemy Aliens Act. In that case, I have no first-order objection to a policy of arresting, imprisoning or deporting proven members of Tren de Aragua.
The key issue is whether a judge can scrutinize the president’s actions under the Enemy Aliens Act (including the arguably crucial question of whether or not the government is deporting who it says it’s deporting). Gill and the Trump administration say no. And any attempt to do so renders Boasberg and any other magistrate a “rogue judge.”
It’s noteworthy that the smartest defenses of the administration do not necessarily contend that what Trump is doing is legal or constitutional. Rather, defenders hold that scrutinizing the president’s action is a “political question.” Under the so-called political question doctrine there are some issues, particularly pertaining to national security, that are simply not justiciable — that is, the courts rightly stay away from them. For instance, Congress hasn’t issued a formal declaration of war since World War II, but the courts have not ruled that subsequent wars were unconstitutional.
I am very skeptical of the political-question defense in this case, but it is not an unserious argument. If Venezuela or any other country launched a surprise attack on the United States, I wouldn’t want the courts to monkey-wrench our prompt response.
At the same time, there’s a reason why the Enemy Aliens Act has only been used — and abused — during declared wars. If you’re not troubled by the idea that a president — any president — can simply assert that we’re in a war, without much evidence, and start deporting or imprisoning people, possibly including American citizens, without due process, I question your dedication to the Constitution and even your patriotism.
But that doesn’t automatically mean the judiciary is the right institution to stop the president or empower him. That’s Congress’ job.
Congress doesn’t have to rely on the last surviving relic of a package of laws that were reviled by Jefferson and Madison and discredited. It could write new ones. It could clarify what the president can or can’t do. It could even declare war on Venezuela or Tren de Aragua — that would clear things up in a hurry.
In short, Congress could take its role as the first branch of government seriously.
It’s grotesque constitutional malpractice for legislators to attack judges trying to determine what the Constitution and the law allow while booing from the cheap seats. It’s fine to argue that the judiciary overplays its role as a check on the executive, but I’m grateful for judges when Congress refuses to play any role other than spectator — or heckler.
@JonahDispatch
Politics
Crews Drape Tarp Over White House in Latest Trump Restoration
Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.
Politics
WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices
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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.
Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”
“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.
US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ
(Mario Tama/Getty Images) (Mario Tama/Getty Images)
With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.
“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”
Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.
But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.
TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE
President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)
“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”
Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.
The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.
“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”
“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”
NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER
Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.
Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.
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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”
“That’s why you live in America. You get the choice of all those.”
Politics
Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers
In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.
The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.
A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.
“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.
“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.
Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.
The GEO Group did not respond to requests for comment.
Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.
Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.
The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”
Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.
But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.
Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”
The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.
Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.
“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.
Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”
But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.
Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.
Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.
“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.
Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.
New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.
An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”
“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.
The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.
Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.
“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”
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