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Is it Time to Ignore the Judiciary?
American Thinker ^ | 20 Apr, 2025 | Clarice Feldman

Posted on 04/20/2025 3:55:43 AM PDT by MtnClimber

It seems clear to me that the broad scope and speed of the administration’s actions have knocked the sense out of the media, the Democrats and, alas, the judiciary. They cannot seem to process the swift and expansive range of change without making themselves look ridiculous.

The Press

I could describe many examples but the easiest most complete one is that of the gang banger, wife beating, human trafficking suspect Salvadorean citizen who illegally crossed out borders and resided here. You know who I mean -- the thug the press describes as a “Maryland Man.”

So the nation is transfixed -- or at least Democrats and the news media -- by the case of Kilmar Abrego Garcia, the “Maryland Man” who has suddenly topped “Minnesota Man” as the object of media obfuscation. He is the Salvadoran national the Trump Administration deported to El Salvador along with a bunch of Venezuelan gang members who curiously the left isn’t even trying to defend, even as the Biden Administration didn’t lift a finger against any of this gang. It’s almost as though the left and the media are using Garcia to distract from the fact that Trump did something that a large majority of American approve. Admitting gang members at the border? Who, us????

There are a lot of tangled arguments about Garcia’s legal status, and the Trump Administration’s handling of his deportation. Yet I recall a 1953 Supreme Court case, Shaughnessy v. US ex rel. Mezui (345 U.S. 206), which Walter Berns described in his fabulous first book, Freedom, Virtue, and the First Amendment:

‘An alien resident of the United States for twenty-five years journeyed to Hungary to see his dying mother, leaving his wife in their home in Buffalo. After considerable difficulty he obtained a visa from the American Consul in Hungary

(Excerpt) Read more at americanthinker.com ...


TOPICS: Society
KEYWORDS: howtogetimpeached; howtogetremoved; judgewatch; lawfare
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To: MtnClimber

Another possibility is to require an alien to certify under penalty of perjury that he is entitled to stay in the USA just like you have to certify your 1040.

For each possible cause for removal, the alien should have to initial in a yes or no box.

If the alien fails to check a yes box, he might be sentenced to a year in prison, including a foreign prison.


21 posted on 04/20/2025 4:36:09 AM PDT by Brian Griffin
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To: MtnClimber

Quotes from the Convention Relating to the Status of Refugees:

Article 31. - Refugees unlawfully in the country of refuge

1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.

Article 32. - Expulsion

1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.
2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.
3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.

Article 23 - Public relief

The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.

Article 17 - Wage-earning employment
....
2. In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee...who fulfils one of the following conditions:
(a) He has completed three years’ residence in the country;
....
(c) He has one or more children possessing the nationality of the country of residence.

Article 34 - Naturalization [and getting the right to vote (and buy AR-15s)]

The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees

Article 44 - Denunciation [getting out from under the Refugee Convention]
1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations....

****

What does Trump have to do to get the US out from under the Refugee Convention?

Send (or hand deliver) the Secretary-General of the United Nations Antonio Guterres a letter!

****

Dear Secretary-General of the United Nations:

I, Donald J. Trump, the President of the United States, on behalf of the United States, do denounce the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as permitted by Article 44.

Donald J. Trump

The Refugee Convention, the invaders’ red carpet, must be removed from the Democratic Party toolbox by invoking Article 44.

****

“Building a wall is a red herring”

“The fundamental problem is that anyone can claim asylum with zero proof, which means all of Earth can come to America.”

Elon Musk


22 posted on 04/20/2025 4:42:44 AM PDT by Brian Griffin
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To: MtnClimber

As for asylum claimants, they should have to privately obtain say a $10,000 deposit to cover possible government costs, including those of welfare. If they get to stay after final US government review, the US government would refund the remaining amount of the deposit. Such a scheme would allow them to get the asylum claim screening the Refugee Convention requires. The hearing officers would be bondsmen. This is an Obamaphone, that’s a list of bondsmen phone numbers, and that’s a chair. You have 24 hours or we toss you back.

Catholic Charity Asylum Bonding, tell me your story.


23 posted on 04/20/2025 4:47:09 AM PDT by Brian Griffin
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To: Brian Griffin

But, these are not refugees. They are illegal invading migrants who came here because the leftists promised them free handouts.


24 posted on 04/20/2025 4:47:35 AM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: Brian Griffin
I’m not in favor of bypassing the federal courts.

We disagree on that point.
25 posted on 04/20/2025 4:52:57 AM PDT by ComputerGuy
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To: MtnClimber

The Hungarian tried to reenter from Ellis Island but was refused entry by the Supreme Court.


26 posted on 04/20/2025 5:00:10 AM PDT by Brian Griffin
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To: MtnClimber

Investigate their finances and internet activity, imagine this arrogant bunch are not near as clever as they think they are.


27 posted on 04/20/2025 5:00:50 AM PDT by blitz128
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To: central_va

The big judicial here seems to have escaped everyone on this thread.

Leftist judges have long argued that public policy consequences outweigh other constitutional concerns—and have used that as the basis for almost every wackadoodle judicial decision for the past sixty years.

In this case—where there is an obvious public policy consequence of an invasion of tens of millions of illegal aliens—everybody wants to play by the rules and precedent and pay very close attention to the details.

Our judges brought a knife to a gunfight.


28 posted on 04/20/2025 5:03:47 AM PDT by cgbg (It was not us. It was them--all along.)
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To: Brian Griffin; All

The slim majorities in congress mean NOTHING will get corrected legislatively.

So the, it’s up to the judicial, which ultimately means the SC, which is why Friday nights pausing of Trumps deportations is so concerning.

Flouting the SC would alarm too many, I fear, to retain majorities in ‘26, which would bring the ‘47 agenda to a halt.

Clarice hinted the SC may have something else in mind. I pray so....otherwise it is time for a Jacksonian ‘let ‘em enforce it’ stance.


29 posted on 04/20/2025 5:04:15 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'll go ahead.)
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To: MtnClimber

“these are not refugees. They are illegal invading migrants who came here because the leftists promised them free handouts.”

A mere claim gets them an asylum hearing and delays removal.


30 posted on 04/20/2025 5:04:30 AM PDT by Brian Griffin
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To: MtnClimber

It’s time to DISSOLVE ALL THE FEDERAL DISTRICT COURTS


31 posted on 04/20/2025 5:06:34 AM PDT by ZULU (Remember: ABBEY GATE, Kate Steinle, Joscelyn Nungary, Rachel Morin and Laken Riley. )
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To: chiller

“The slim majorities in congress mean NOTHING will get corrected legislatively.”

Trump needs to ask Congress for help in person.

Trump could probably raise $100 million in a week to target obstructionists in primaries.

Trump could tell his supporters in one RINO district to sit out the 2026 general.

Asking Congress for help is a better idea than defying the Supreme Court.


32 posted on 04/20/2025 5:12:12 AM PDT by Brian Griffin
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To: MtnClimber

Beyond the time.


33 posted on 04/20/2025 5:14:36 AM PDT by sauropod (Make sure Satan has to climb over a lot of Scripture to get to you. John MacArthur Ne supra crepidam)
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To: MtnClimber
"Is it Time to Ignore the Judiciary?"

It seems law and order is no longer coming from the books. It's being pull out of the keester of some leftest commie who seems to have zero fear of the American people.

Maybe justice will find a way, or we become Venezuela..

34 posted on 04/20/2025 5:17:20 AM PDT by unread (I pledge allegiance to the flag of the United States of America, and to the REPUBLIC..!)
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To: MtnClimber

Yes.


35 posted on 04/20/2025 5:27:05 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: MtnClimber

The WH counsel ottice needs 1 small desk in EOP to process all compliance matters for district court judges who make any rulings that go beyond their district. Anytime someone has any request related to any such ruling they get directed to this desk. If a new ruling comes in then it goes to the top of the desk and all other requests are put on hold ror a half day to take care of emergency processing.

During that pause they do a writeup, get the info entered into the system with a WH internal record ID to track the order, get USDOJ team assigned to the Case, hold initial briefing call, and SPOC from USDOJ assigned.

In the meantime every fed bureau continues to follow EOs and if someone complains aget bout anything then they need to prctioovide the federal cae number, the judicial districts all possibly involved in the matter, and it will get follow up. In response they get instructions on a certification form they need to fill out on ensuring that the districts where it may be involved are not being bypassed to ensure there are not contradictory rulings, bonds posted to cover risks, and other matters. Once the complaint party has completed this then its sent to this WH EOP desk and marked Pending.

Depending on USDOJ SPOC review the complaint can be kept pending or marked as approved or denied. It all depends on the case status.

And this reminds me of why I am disgusted vy the AARP. Why haven’t they been fightijg back against all these nationwide injunctions that are putting the OASDI trust at risk of financial harm on behalf of current & future retirees?

The financial costs for all these temporary otders should be handled by the plaintiffs for as long as these natiobwide injunctions from distrixt judges are temporary orders & then the government doesn’t reimburse them if the government prevails.

The


36 posted on 04/20/2025 5:29:11 AM PDT by Degaston
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To: central_va

Justice Alito (joined by Thomas) was pretty critical of the other justices in his dissent filed late last night in the AARP v Trump case.

Link to dissent here:

https://www.supremecourt.gov/opinions/24pdf/24a1007_22p3.pdf


37 posted on 04/20/2025 5:36:51 AM PDT by CFW
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To: MtnClimber

The Republicans in Congress can stop all this judicial fascism. Their failure to do so has America crashing down.


38 posted on 04/20/2025 5:47:39 AM PDT by FlingWingFlyer (Universities in this country are nothing but Houses of Prostitution for the wealthy.)
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To: MtnClimber

Much of the “judiciary” has abdicated any authority it once held


39 posted on 04/20/2025 5:52:28 AM PDT by trebb (So many fools - so little time...)
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To: MtnClimber

The courts are the last line of restraint. If they get overrun, every man does what is right in his own eyes.


40 posted on 04/20/2025 5:56:10 AM PDT by lurk (u)
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