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Trump’s ‘state secrets’ claim over deportation flight details breaks with past practice

The Trump administration faced a legal setback when a federal appeals court refused to lift an emergency order, in a split 2-1 decision, blocking deportation flights of alleged Venezuelan gang members, with the appeals court based in Washington D.C.
The legal battle stems from President Trump's contested use of the Alien Enemies Act of 1798 to expedite the deportation of migrants accused of being affiliated with the Venezuelan gang Tren de Aragua.
Government attorneys argued for executive authority under the Alien Enemies Act, but the judges questioned the applicability of the Act's terms, requiring the Trump administration to prove an invasion or predatory incursion by a foreign government.
In an effort to avoid providing details on two March 15 deportation flights, Attorney General Pam Bondi and other DOJ officials invoked the state secrets privilege, claiming disclosure would endanger national security, but Ilya Somin described the invocation as 'bogus', noting much of the flight information was already public, with even Trump officials having boasted about it.
Judge James Boasberg, overseeing the challenge to Trump's use of wartime authority, is now tasked with determining if his order to halt the deportation flights was binding and whether the administration violated it, raising questions about the limits of executive power and the ability of courts to review actions when the President invokes state secrets, as legal experts like Marty Lederman suggest there is sufficient evidence the administration chose not to comply with the order.

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Lean Left

Trump’s ‘state secrets’ claim over deportation flight details breaks with past practice

The Justice Department’s decision to invoke the rarely used state secrets privilege in a bid to avoid giving a federal judge’s details on questions on two deportation flights has opened a complicated new front in the government’s ongoing resistance to turning over the information.

2 days ago·Atlanta, United States

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Raw Story

Left

'Real stretch': Expert flags 2 'important' details as judges 'dissect' deportation case

CNN legal analyst Elie Honig revealed two key details from the latest legal blow to hit President Donald Trump after the administration moved forward with deportation flights of alleged Venezuelan gang members.Honig on Tuesday delivered “two big takeaways from the ruling” after a three-judge panel r...

3 days ago·United States

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The Dissenter

Trump's 'State Secrets' Claim Reflects History Of Fraud

The following article was made possible by paid subscribers of The Dissenter. Become a subscriber and support independent journalism on government secrecy and freedom of the press.President Donald Trump’s administration invoked the “state secrets privilege” to prevent a United States court from reviewing the abduction of immigrants, mostly Venezuelans, who were flown to El Salvador and Honduras.A number of explainers related to the Venezuelan mi…

15 hours ago

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