Politics
Supreme Court faces Guantanamo test again: Does president's power have limits?
WASHINGTON — Two decades ago, the Bush administration said its “war on terror” prisoners held at Guantanamo Bay were off-limits to the federal courts, but the Supreme Court disagreed.
“A state of war is not a blank check for the President,” said Justice Sandra Day O’Connor in 2004. “Whatever power the U.S. Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations…, it most assuredly envisions a role for all three branches when individual liberties are at stake.”
Only Justice Clarence Thomas dissented.
That issue is now back before the Supreme Court.
Although the nation is not at war, President Trump has invoked his war powers under the Alien Enemies Act of 1798 to round up and deport to El Salvador about 200 alleged members of a Venezuelan crime gang.
Two legal questions arose immediately.
How can Trump rely on the 1798 law, which applies only when Congress has “declared war” or a “foreign government” has launched an “invasion”?
And how does the government know all these men are gang members? Their families said they have no criminal records, and in some instances, fled Venezuela and sought asylum to escape the gangs.
So far, however, the legal fight has focused on the same big question from the Guantanamo era: Do federal judges have the authority to limit the power of the president who says he is protecting the nation from “dangerous aliens”?
On Friday, Trump’s acting solicitor general Sarah Harris urged the Supreme Court to set aside the judge’s order that put a temporary pause on further deportations.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country — the President…or the Judiciary,” she wrote in her appeal. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”
The justices asked for a response from the American Civil Liberties Union by Tuesday. The fast-moving case poses an early test of whether the high court will uphold the president’s power to swiftly deport migrants without interference from judges.
Two weeks ago, Trump signed a proclamation that Tren De Araqua, a Venezuelan crime gang, was “perpetrating…an invasion” of the United States and ordering the “prompt removal” of all those who were held.
On the afternoon of Saturday, March 15, U.S. District Judge James Boasberg convened a hastily arranged hearing in response to an emergency lawsuit brought on behalf of five Venezuelan men who feared they would be deported to El Salvador.
At the same hour, administration officials were arranging for three planes to take off from Texas.
The judge questioned how the 1798 law could authorize such deportations, and “to preserve the status quo,” he ordered a temporary pause on all the deportations.
Although the five named plaintiffs stayed in Texas, the administration essentially ignored the broader order and allowed the three flights to proceed as planned.
Although the judge said he was troubled his orders were ignored, Trump’s lawyers were troubled by his intervention.
“These orders are an affront to the President’s broad constitutional and statutory authority to protect the United States from dangerous aliens who pose grave threats to the American people,” they said on behalf of Atty. Gen. Pam Bondi.
“The presidential actions they challenge are not subject to judicial review,” they said.
“The Constitution simply provides no basis for … no basis for second-guessing the policy judgment by the Executive that such an ‘invasion’ is occurring,” they said. The president “has an inherent authority to conduct foreign affairs and address national security risks.”
They took a hard line and refused to even disclose the flight times for airplanes that flew to El Salvador.
That’s a “state secret,” they said in a brief filed on Monday.
Veterans of the legal battles over Guantanamo see some similarities but differences as well.
UC Berkeley Law professor John Yoo, a former Bush administration attorney, said the Guantanamo prisoners were not brought into the United States.
“Here, there is no doubt that the Venezuelans sent to El Salvador were detained within the United States,” he said.
In the past, the Supreme Court has said people who are being held in this country, including noncitizens, have a right to due process of law.
Yoo said, “Trump is invoking the same arguments we made after 9/11 that the capture and detention of enemy prisoners during wartime fell exclusively within the President’s authority as Commander-in-Chief to conduct war.” He is also “making similar arguments as to why federal judges today should defer to the decisions of the executive branch during what he has determined is an invasion.”
But Yoo said he doubts the courts will uphold Trump’s reliance on the 1798 law.
Earlier this week, Boasberg explained his order was narrow in scope as well as temporary. It would not lead to the release any of the Venezuelans that are being held, and it does not prevent the government from deporting those who have a “final order of removal” under the U.S. immigration laws, he said. It prevents only deportations to El Salvador that are based on the disputed Alien Enemies Act.
It also resolved nothing about the plight of those who are now held in El Salvador.
On Monday, Trump’s lawyers asked the D.C. Circuit Court of Appeals to throw out Boasberg’s order but lost in a 2-1 decision.
Each of the judges wrote a lengthy opinion making a separate point.
Judge Karen Henderson, an appointee of President George H.W. Bush, disputed the use of the Alien Enemies Act. “An invasion is a military act, not one of migration,” she said.
Judge Patricia Millett, an appointee of President Obama, said the detained men deserve a hearing to challenge the claim they were gang members.
Judge Justin Walker, a Trump appointee, dissented but said the detained men could file a habeas corpus claim in Texas where they are held.
ACLU attorney Lee Gelernt, who brought the lawsuit, said the decision preserving the judge’s order “means that hundreds of individuals remain protected from being sent to a notorious black-hole prison in a foreign country, without any due process whatsoever — perhaps for the rest of their lives.”
Skye Perryman, president of Democracy Forward, called the D.C. Circuit’s decision “an important step for due process and the protection of the American people. President Trump is bound by the laws of this nation, and those laws do not permit him to use wartime powers when the United States is not at war and has not been invaded.”
In her appeal on Friday, Harris, the acting solicitor general, agreed with Walker that the Venezuelans held in Texas could file a writ of habeas corpus there.
ACLU attorneys and Millett dismissed that option as impractical. The hundreds of men who were held had no lawyers, they said, and no way to know they must file an individual legal claim in federal court.
Politics
Video: Jan. 6 Rioter Hired by Pentagon
new video loaded: Jan. 6 Rioter Hired by Pentagon
transcript
transcript
Jan. 6 Rioter Hired by Pentagon
Elias Irizarry, who pleaded guilty to climbing through a broken window at the Capitol on Jan. 6, 2021, now works for an office responsible for uncovering and defending against terrorism plots at the Pentagon.
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“Full pardon or commutation?” “Full pardon.”
By Alisa Shodiyev Kaff
June 4, 2026
Politics
Democrats split over Tlaib’s Lebanon measure as Republicans seize on Hezbollah omission
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Democrats splintered over a resolution seeking to block the U.S. from assisting Israel’s war against Hezbollah, an Iranian-backed terrorist group, on Thursday.
The measure, offered by progressive Rep. Rashida Tlaib, D-Mich., would require President Donald Trump to withdraw U.S. forces from Lebanon. For months, Israel and Hezbollah, a U.S.-designated terrorist group and Iranian proxy, have been at war in southern Lebanon, but the United States has not joined the conflict.
A bipartisan coalition of lawmakers, including House Minority Leader Hakeem Jeffries, D-N.Y., rejected the measure. Critics argued the resolution could aid Hezbollah and potentially hamstring U.S. military operations in the country.
Tlaib’s resolution failed 92-324, with more than half of House Democrats joining nearly all Republicans to vote it down.
The Lebanon war powers resolution divided Democrats, with House Minority Leader Hakeem Jeffries, D-N.Y., joining Republicans in rejecting the measure. (Aaron Schwartz/Bloomberg)
REP RASHIDA TLAIB MOVES TO BLOCK US OPERATIONS IN LEBANON BUT IGNORES HEZBOLLAH
Rep. Thomas Massie, R-Ky., an Israel critic, was the lone Republican to support Tlaib’s measure. Meanwhile, Reps. Derek Tran, D-Calif., and Betty McCollum, D-Minn., voted present.
House Democratic leaders said shortly before the vote they would oppose Tlaib’s resolution and work with the progressive lawmaker on a narrower measure exempting some U.S. military operations in the country. Their statement also denounced Hezbollah as a “violent terrorist organization” and a “sworn enemy of the United States.”
Tlaib, who has accused Israel of committing “ethnic cleansing” in Lebanon, did not mention Hezbollah in her resolution. She and other proponents of the measure also avoided discussing the Iranian proxy force during heated floor debate over the measure.
Republicans highlighted the omission and accused the legislation’s supporters of serving as “proxies for Hezbollah.”
“Apparently they don’t want to see Israel killing Hezbollah, even though it’s Hezbollah that is killing Israeli children, Israeli adults, Israeli elders,” House Foreign Affairs Committee Chairman Brian Mast, R-Fla., said Wednesday, referring to his Democratic colleagues.
Tlaib asserted that her resolution would only affect U.S. forces actively engaged in hostilities. Republicans, however, disputed that claim and suggested it would hurt U.S. efforts to counter Hezbollah.
“It doesn’t say anything about [whether] you can keep the Marines that are in the embassy,” Mast said, referring to the U.S. embassy in Beirut. “That’s a pretty big oversight. It doesn’t say anything about whether we can keep United States armed forces that are training missions with the LAF [Lebanese Armed Forces]. Again, pretty big oversight.”
Rep. Rashida Tlaib, a Democrat from Michigan, attempted to bar U.S. forces from joining Israel’s war in Lebanon. (Tierney L. Cross/Bloomberg)
RASHIDA TLAIB HIT WITH HOUSE CENSURE THREAT, ACCUSED OF ‘CELEBRATING TERRORISM’ IN PRO-PALESTINIAN SPEECH
The debate turned personal when Rep. Max Miller, R-Ohio, a member of the House Foreign Affairs Committee, linked Tlaib to Hezbollah.
“Hezbollah is a terrorist organization … and its members are butchers that you like to hang out with to a certain extent,” the Ohio lawmaker said, referring to Tlaib.
A shouting match between the two then broke out, with Tlaib demanding that Miller’s remarks be stricken from the record.
The presiding chair ultimately complied with her request, but Miller doubled down on his remarks.
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“Yes, I said it. I own it, and I stand by it,” Mast said on behalf of Miller on the floor.
Tlaib’s failed war powers resolution comes as Iran has sought to tie Israel’s invasion of Lebanon to its ceasefire negotiations with the United States.
Hezbollah, which has long helped Iran project power in the region, rejected a ceasefire agreement between Israel and Lebanon’s government Thursday.
Politics
Senate rejects an initial attempt to ban Trump’s $1.8-billion ‘anti-weaponization’ fund
WASHINGTON — Initial efforts in the Senate failed Thursday to block the $1.8-billion fund that the Trump administration has sought to establish to pay people who claim the government wronged them, though further attempts were likely to come Thursday afternoon.
Republicans narrowly voted down a Democratic amendment to ban the payout fund and then Democrats killed a Republican amendment, which would have prohibited the use of federal money for the fund but would have sent $1.7 billion to the Justice Department’s fraud division.
It was the second effort in Congress to rebuke President Trump in two days, following the House vote Wednesday to rein in Trump’s war powers in Iran.
The dueling amendments were proposed by Senate Minority Leader Chuck Schumer (D-N.Y.) and Sen. Thom Tillis (R-N.C.). They were attached to the reconciliation bill that would fund Immigration and Customs Enforcement and the Border Patrol, a high priority for Republicans.
The votes came as the Senate began a “vote-a-rama,” during which lawmakers were expected to propose a stream of amendments to the immigration bill on various topics.
The Trump administration’s plan for the payment fund — widely seen as a way for Trump to compensate his political allies, including those who participated in the Jan. 6, 2021, attack on the Capitol — set off particular ire from some GOP lawmakers.
The plan has fueled growing unrest within parts of Trump’s party over his governance, compounded by the president’s endorsement of primary challengers to Sens. John Cornyn (R-Texas) and Bill Cassidy (R-La.), as well as Rep. Thomas Massie (R-Ky.), which angered some Republican senators.
Cassidy, who lost his primary and has since voiced strong opposition to Trump’s $1.8-billion fund, became a key player in the Thursday votes, voting down Schumer’s amendment but supporting Tillis’.
On Wednesday, Cassidy joined with Sen. Cory Booker (D-N.J.) to argue in a court filing that the $1.8-billion fund circumvents Congress’ authority and violates the Constitution’s spending and appropriations clauses.
“It is an unconstitutional attempt to spend the People’s money without Congressional approval,” Cassidy and Booker wrote in an amicus brief filed in the federal court case challenging the fund.
The fund was created by the Justice Department to settle a lawsuit brought by Trump against the Internal Revenue Service over the leak of his tax returns. Trump and his sons agreed to drop their personal lawsuit against the government in exchange for the creation of the $1.776-billion fund. Critics immediately questioned the plan, and it drew a rare backlash from Republicans.
In late May, GOP senators derailed plans to vote on the immigration bill over their displeasure with the payout fund and with Trump’s desire to use taxpayer funds for his planned White House ballroom. Senate Republicans removed the ballroom funding from the immigration package Wednesday, another setback for Trump.
The Trump administration sought to back away from its plans for the fund this week, following bipartisan outcry and a federal court ruling that temporarily blocked any payouts from the fund. Acting Atty. Gen. Todd Blanche said Tuesday the administration would end its plans to move ahead with the concept.
But Trump on Wednesday told reporters he didn’t know whether the fund was dead, calling it “a beautiful thing.”
After Schumer proposed the first amendment to ban the fund Thursday morning, the Senate came to a standstill as three key Republican senators deliberated. Schumer framed his effort to ban the fund Thursday as a way to force a referendum on Trump’s plan.
The amendment “offers Republicans a choice: Do you support Donald Trump’s $2 billion taxpayer-funded slush fund, or do you want to protect the American people and their paychecks?” Schumer said on the Senate floor before the vote.
Sen. Bernie Moreno (R-Ohio) urged Republicans to reject the amendment, saying Democrats were planning to “play so many games” on Thursday during the marathon session.
“We are going to fund immigration enforcement and border patrol, and I urge my Republican colleagues to stay united on that singular mission,” Moreno said.
The amendment failed after Cassidy voted against it. Republican Sens. Susan Collins of Maine, Jon Husted of Ohio and Dan Sullivan of Alaska voted in favor.
Schumer’s amendment was uniformly supported by Democrats, including California Sens. Adam Schiff and Alex Padilla.
Tillis, who also voted against Schumer’s amendment, immediately proposed his amendment. Sen. Jeff Merkley (D-Oregon) urged Democrats to oppose it, saying that the proposal would create “a new slush fund” by giving the money to the Justice Department.
“We heard over the last 48 hours that the acting attorney general said that this fund’s not moving forward. All this amendment does is codify what I believe the policy of the DOJ is,” Tillis said on the floor before voting began on his amendment. “This [fund] is unpopular, this administration has said they’re not moving forward with it; this is an opportunity for us to put it to bed.”
Responded Merkley: “Taking one slush fund and eliminating it and then creating a new slush fund still under control of the attorney general is not the way to go. The way to go is to get rid of these slush funds altogether.”
Trump has faced a recent string of failures, including the House vote Wednesday, a court ruling to remove his name from the Kennedy Center and a record-low approval rating among Americans as concern rises about economic issues, gas prices and Trump’s war with Iran.
On Wednesday, Trump lashed out against the four Republicans who backed the House war powers resolution, calling it “an unpatriotic thing” to do and calling the vote “meaningless.”
“They’re GRANDSTANDERS! They should be ashamed of themselves. MAGA!!! President DJT,” Trump wrote.
Times staff writer Ana Ceballos, in Washington, contributed to this report.
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