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Bruce Adelstein's avatar

Here's the link to the actual documents in the 2019 case.

https://www.justice.gov/ag/media/1396906/dl

The finding that he was a MS13 member was based on hearsay evidence from a confidential informant. That would not be admissible in a criminal trial. I don't know whether it would be admissible in a deportation hearing. It is entirely possible that he was an MS13 member and still is, was an MS13 member and no longer is, or never was an MS13 member.

That's why process matters. The government should put on its case for deportation, and he should be able to present a defense. They should both follow the normal rules of procedure and evidence (whatever they are) developed over the years to facilitate justice, not specially made up for this hearing. Either side dissatisfied with the result can appeal, as appropriate. And whatever the result is, that's it.

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Martin Greenwald, M.D.'s avatar

"Congress only checks the president by passing laws which the courts then uphold. But if the president can ignore the courts, then congress can no longer check the actions of the executive. At that point, the president could go out in the middle of Fifth Avenue and shoot someone and would face no legal consequences."

This is false. You're leaving out both impeachment and power of the purse, among other checks congress has against the executive. I don't think you've fully thought through the separation of powers issue here and the additional constitutional remedies available.

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