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
Trump Promotes ‘Freedom Fuel’ Gas Stations as Gas Prices Rise Again
President Trump has promoted a chain of newly rebranded gas stations across the Philadelphia area with lower gas prices. The New York Times has not been able to get detailed information about who is behind the stations. The Trump administration says it did not fund or subsidize the company.
Politics
Kelley Paul: America’s Founders were the ‘first civil rights heroes’
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Kelley Paul is no stranger to the American political scene. As the wife of Senator Rand Paul (R-Ky.), and the daughter-in-law of longtime former Congressman Ron Paul (R-Texas), she has seen her fair share of the campaign trail, emerging as a powerful surrogate during her husband’s 2016 presidential run.
She is also an accomplished writer, speaker, and public relations professional. As America ushers in its 250th anniversary, Paul saw the perfect opportunity to branch out into the world of children’s literature. Recently she sat down with Fox News Digital in Las Vegas at Freedom Fest to discuss her new book, “Good Night, Young American.”
Kelley Paul is the wife of Sen. Rand Paul and author of two books. (Courtesy Kelley Paul)
Paul credits her family for giving her the inspiration for the new project:
“I have to give a lot of credit to my daughter-in-law, Kate. She and our son were over for dinner last summer with our grandson, who was only six months old at the time. And Kate was like, you know, we need more patriotic books for babies. She wasn’t really happy with a lot of the book options she was seeing. And that night at dinner, we kind of played around with some ideas. And I came up with ‘Good Night Young American.’ And a year later, here it is.”
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“Good Night, Young American,” recommended for children ages 4–8, takes kids on a visually and thematically engaging journey through early and colonial history.
“Well, our revolutionary history is such a great adventure, right? So when I came up with the concept that my little boy would start out on the 4th of July with his parents, asking, what is it all about? I knew we’d be celebrating the 250th. Kids ask, what are we really celebrating?
And his dad describes the Declaration of Independence to him in the signing. So I tried to think what is going to appeal to children in this great adventure of our revolution. So when he falls asleep that night, he’s in the crow’s nest of the Mayflower. He is a pilgrim, he’s a colonist, and then he makes friends with all the great revolutionary heroes that we know. So he makes friends with Sam Adams, he joins the Sons of Liberty, he meets at the Green Dragon. This is so exciting for children, right?
It’s visual stuff. He makes friends with Ben Franklin, and he’s flying the kite. Dramatically rides on the midnight ride with Paul Revere. He and his dog, his little dog, are with him for all the adventures. And of course, he crosses the Delaware with George Washington. And I wanted to make the signing of the Declaration of Independence and the writing of it something that was dynamic and exciting visually. So I have him swinging on the Liberty Bell when the declaration is signed.”
Paul worked closely with the illustrator, Marika Monesi, to bring the events of America’s founding to life in an engaging and visually appealing way for children.
The Liberty Bell, originally saved from the British by Lynnport farmer Frederick Leaser, sits in its Philadelphia shrine. (iStock)
“She really captured the excitement on the little boy’s face, his personality, but I worked very close with her,” Paul said. “I wanted there to be a lot of movement, a lot of dynamic images. So, for example, with the Liberty Bell, for kids, a bunch of men standing around writing a document…I wanted to bring it to life. So I said, let’s have him running up to the top of the bell tower in Philadelphia at Freedom Hall and swinging on the Liberty Bell. And she was just such a great artist. With the George Washington scenes, he’s crossing the Delaware because that, again, is so visual. I wanted drive home to children the incredible bravery and courage of our founders, how cold and miserable and hard that war was.
“Also, I love the illustration that she did of the King of England reading the Declaration of Independence. I have to give my husband Rand a little credit there. On the first couple of drafts that she did, Rand was like, ‘He needs to be fatter. King George was famously fat!’ So it was a lot of fun. It was very collaborative.”
KELLEY PAUL ‘EXHAUSTED AND ANGRY’ THAT THOSE WHO HARASSED HER AND HER HUSBAND FACE NO CHARGES
Part of Paul’s motivation for the book was related to the teaching of American history today, and the controversies therein:
“I do think that we’ve gotten away from really celebrating our founders and our heroes. What they were doing in 1776 was incredibly radical, if you think about it. At that time, everyone accepted the divine right of kings. Everyone accepted hereditary rule. And our founders took Enlightenment ideas from John Locke and philosophers, and they turned it into the framework for a government. The idea of self-government and that our rights come from our Creator, that we have inalienable rights that are given to us by God and not from a king. Those were radical ideas of the time.
Historians say an early draft of the Declaration of Independence offered new insight into how Thomas Jefferson refined the nation’s founding document. (Stock Montage/Stock Montage/Getty Images)
I like to say our founders were the first civil rights heroes, the first civil libertarians. And I think our education system has gotten away from that. They don’t view them in the time that they existed, and suddenly now everything is oppressor versus oppressed narrative. And they are labeled more like colonizers or enslavers, and that’s the only view that they’re looked at, and not as human beings who sacrificed their very lives to write the Declaration of Independence, to form this country…it was an incredible, bold, and courageous act, but it was also an act of moral courage and philosophical courage.”
Ultimately, Paul hopes that her books will stimulate the natural curiosity of America’s youth to learn more about their rich history:
Participants carry the City of Cumberland’s “America 250” parade banner down Baltimore Street during the America 250 parade in downtown Cumberland, Maryland, on June 27, 2026. Spectators line both sides of the street as American and Maryland flags lead the procession. (Fox News Digital/ David Marcus)
“Well, I hope that my books, especially with America’s 250, will spark a lot of questions and that they will give a framework for parents to talk to their kids about the founding of this country. And I hope children from a very, very young age will come away with this idea that they are a part of America’s story, that they as Americans can take pride in the heroism of our revolutionary founders. That as Americans, this is all of our story. So that’s really my goal with the books.”
One of the biggest challenges Paul faced was taking big ideas that may be hard for a four or five-year-old to grasp, like the Declaration of Independence or the Constitution, and distilling them down into an accessible format for kids:
“Well, I try to use language that kids could understand, and very much use simple terms. But if you think about it, it is simple. Our rights come from God. And when he makes friends with Thomas Jefferson, he says, Thomas Jefferson has written this amazing document that says that we can all be free to live our lives the way we choose, and no government can take our rights to, you know, to life, liberty, and the pursuit of happiness away from us.
He also talks about James Madison and the Bill of Rights and the most important right is freedom of speech. That is that no government can tell you what to say or what not to say.”
Rand Paul, who famously puts Constitutional principles front and center in the public square, also played a key role in the book’s thematic development.
Kelley Paul and her husband Kentucky Republican Sen. Rand Paul. (Courtesy Kelley Paul)
“Rand has been incredibly supportive. I’m just so grateful and blessed to have had an amazing, now 36-year marriage to Rand Paul. And he was very involved. He would read over the drafts and gave me a lot of, like I said, good advice about things in history that he thought I should include.
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And I’m also just very grateful to be the daughter-in-law of Ron Paul. And so, I wanted these books to be there for our little grandson who I call ‘my favorite little American’ and help him from an early age be educated in the legacy that, the Paul family has in this country.”
Politics
Trump ousts bipartisan commission in latest effort to reshape elections before midterm
WASHINGTON — President Trump dismissed all remaining members of the bipartisan U.S. Elections Assistance Commission this week, his latest move to assert control over national elections in the final months before midterm voting.
The White House defended the move as justified by a recent U.S. Supreme Court decision handing the president greater authority to reshape independent government agencies, including by replacing appointed leaders.
Democrats and some independent elections experts blasted it as politically motivated, counter to the interests of voters and foolhardy with the November election so close.
“Purging commissioners just months before the midterm elections and further gutting support for our state and local elections officials is a blatant part of his plan to politicize our elections and enable more unlawful and dangerous election interference,” said Sen. Alex Padilla (D-Calif.), the top Democrat on the Senate Rules Committee, which oversees federal elections.
Padilla alleged the dismissals are an attempt by Trump “to dismantle yet another independent guardrail of our democracy designed to keep elections fair and secure.”
A White House official framed the dismissals in starkly different terms, saying the departing commissioners were “not totally aligned with the important task of securing America’s elections and ensuring every legal vote is counted.” It did not say when the president planned to appoint new commissioners.
The four-member commission was created by Congress in 2002 as part of the Help America Vote Act to help states improve their voting systems and voter access. By law, no more than two commissioners may belong to the same political party.
Historically, it has provided voluntary guidance and best practices for voting systems, and served as a sort of clearinghouse for election performance around the country — so that states and localities can learn from one another.
Since 2018, the panel has also disbursed more than $1 billion in election security grants, according to a report by the Bipartisan Policy Center. Those grants are then used to protect IT systems from foreign and domestic cyberattacks, update voting systems, ensure the accuracy of voter rolls and protect the integrity of ballots after they are cast.
Without leadership, the panel cannot take any official action until new members are nominated and confirmed by the Senate.
Benjamin W. Hovland, one of the Democratic commissioners removed by Trump, told NBC News that taking away a key federal agency designed to help state and local election administrators will have a negative effect on already strained elections officials.
“When you’re asking more and more of people without giving them the necessary resources, you know, mistakes happen,” he said.
California Secretary of State Shirley Weber, in a statement to The Times, said Trump was “injecting unnecessary chaos, confusion and instability into the very systems that Americans rely on to make their voices heard,” but that California “will not be intimidated or deterred” from maintaining elections “in which everyone can fairly and securely participate.”
California Atty. Gen Rob Bonta — whose office has already blocked federal agencies from implementing most of Trump’s election orders in court — called Trump’s firings “deeply troubling,” and said his office “will continue to closely monitor any efforts to weaken our democracy and fight back with every tool at our disposal.”
Gov. Gavin Newsom’s office said on X that “Newsom’s election protection efforts become more important by the day” — a reference to his recent push for state legislation that would make it a felony in California for anyone to seize ballots before a vote has been certified.
Newsom had said Thursday that Trump’s efforts to seize control over elections represented a “five-alarm fire” that must be confronted.
Trump’s dismantling of the commission comes as he wages a much broader campaign to rewrite voting rules. He has sought to place new restrictions on mail ballots, to tighten voter ID and proof of citizenship requirements for voters, to subject state voter rolls to federal oversight and purges, and to assert federal control over how and whether the U.S. Postal Service delivers mail ballots.
Much of that agenda, pushed through executive orders and other administrative actions, has been stymied by the courts, while stalling out in Congress, where it lacks support.
Whether Trump’s move to dismantle and reconstitute the commission will prove an effective path to instituting his election agenda remains unclear, experts said.
David Becker, the executive director of the nonpartisan Center for Election Innovation & Research, said the election commission has always had a “very limited mandate,” can’t dictate policy to the states and has no law enforcement powers — meaning Trump’s dismissals will have little real effect on elections.
Rick Hasen, an election law expert and director of the Safeguarding Democracy Project at UCLA Law, wrote that Trump could try to illegally direct the commission to “do his bidding” by amending the federal voter registration form to require proof of citizenship — though that would also have limited effect and would be challenged in court.
Sen. Adam Schiff (D-Calif.) said Trump’s firing of the commissioners was part of a broader effort by the president to “sow distrust in our voting system so he can contest the results if they are not to his liking.”
Kim Alexander, president of the California Voter Foundation, said California has “the most robust standards” for elections in the country, which won’t change with the removal of the commissioners.
Still, she said word of the firings rocketed around a conference of county elections officials in San Diego on Thursday — with some wondering whether the dismissals would threaten federal election funding, and others lamenting the loss of the ousted commissioners’ deep experience.
Dean Logan, head of the L.A. County Registrar-Recorder/County Clerk’s office, said in a statement to The Times that “any sudden change to the support structure for elections in the middle of an election cycle is concerning,” but that California “has a strong local and state foundation for election administration and voting systems support, and that will minimize any potential disruption caused by this action.”
In recent months, Trump has leveraged federal agencies to overhaul the nation’s voting rules in ways no previous president has attempted.
He has repeatedly pressured Republican lawmakers to pass a federal law that would require voters to provide proof of citizenship when they register, show identification when casting a ballot and force states to send voter data to the Department of Homeland Security.
Republican leaders have said the proposed SAVE America Act does not have enough votes to pass in the Senate. The GOP resistance has angered Trump, who on Friday said he was refusing to sign a bipartisan housing bill in protest.
The housing bill, which Trump called a “big yawn” last month, was to become law at midnight Friday without Trump’s signature.
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