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Cake day: June 18th, 2023

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  • This lawsuit is on a really narrow ground: the law says that when the president calls up a state guard into federal service, the orders must issue through the state governor.

    In this case, the President wrote the words “Through: The Governor of California” at the top of the memos. But he never actually sent anything to Gavin Newsom, or gave California any formal notice at all.

    This suit also doesn’t challenge the active duty marines, which are indisputably under Trump’s chain of command. But they can’t do domestic law enforcement unless the Insurrection Act is invoked (it hasn’t, formally).



  • He was deported to Mexico (illegally), but he’s a citizen of Guatemala. After that, he travelled from Mexico to Guatemala on his own. So his return to US was facilitated from Guatemala.

    For all we really know the agreement with El Salvador is a guaranteed one way deal that we pay them to handle and they’re refusing to play ball beyond that.

    This seems to be the party line in the sealed ex parte filings that have been presented to judges. I’ve also seen allegations that the deal is a handshake deal only–nothing in writing.

    Judge Boasberg at least is taking them at their word, with some strong warnings about perjury.








  • But then who says what the statutes that Congress passed mean…?

    In this case, the court has determined that notices in English only, that give a 24 hour deadline, with no information about how to contact an attorney, are illegal. That amount of notice is not due process as guaranteed by the 5th amendment of the Constitution.

    The constitution overrides all parts of federal law, including the Alien Enemies Act. There is no power to suspend the constitution here. Not even a war power. The constitution applies to the plaintiffs in this case, because they are in the territory of the United States. Full stop.

    The government has argued to the court, without citing any specific clause of the constitution, that the President enjoys broad “war powers” that prevent the court from looking into any aspect of what the administration is doing here. The court has clearly rejected that argument* with respect to the 5th amendment concerns.

    So that is what the law is, and that’s what the law is not. That’s a final decision.

    *The court has not decided yet on whether the government can use this reasoning to block any interpretation of the meaning of the words “invasion” or “predatory incursion.” The lower courts that have ruled are something like 4 or 5 to 1, on the side that the judiciary can interpret those words.

    EDIT: Actually, I think the one judge that ruled for the AEA proclamation did so by interpreting “invasion” by looking it up in a dictionary. She just used a modern dictionary, while the others have been using 1798 dictionaries.





  • Historically speaking, USSR / Russia, China, and NK have loved to talk up the capabilities of their kit, and these parades were a big part of that. They have frequently failed to deliver on all of their promised capabilities.

    In the United States we have done the opposite. We don’t talk about our latest gen aircraft programs; we hide them out in the desert. When we do talk we remain cagey about what we have for years and decades, until long after we’ve started selling it to allies.

    I understand that this parade will not show off our real capabilities (not at 25 tanks anyway), but I am saddened that the man feels like he needs to stoop to the level of the adversaries we’ve held for so long.



  • I am not a lawyer, and I am not your lawyer.

    Off the top of my head, I can’t really see where or how this is illegal in most US jurisdictions. In “at will” states you can be hired or fired at any time for any reason* or no reason. And likewise you can quit at any time for any reason or no reason. If you can be hired or fired based on this scam, you can be promoted or held back based on it.

    Having said that, this is really scammy, and I would not want to work there.

    *except discrimination based on: race, color, religion, sex, national origin, age (>40), or genetics. Likewise, retaliation for unlawful sexual harassment.





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