In another extraordinary ruling by an Obama-appointed judge on March 15th, US District Judge James Boasberg tried to stop President Trump from exercising Article II authority under the “Alien Enemies Act of 1798,” companion to the 1798 “Alien Friends Act.” Like John Adams, Trump was legally right, but the Obama judge – smart as he is – was legally wrong.
Fact: A dangerous Venezuelan group, called “Tren de Aragua,” penetrated the southern border – illegally – under President Joe Biden, setting up headquarters in Chicago.
Fact: Tren de Aragua quickly spread – as far north as New England. The 5000-strong group is not political but is ruthless, trafficking in drugs, guns, women, and terror. They operate in 12 countries and are designated as a Foreign Terrorist Organization (FTO).
Fact: The text of the “Alien Enemies Act” is not ambiguous. While infrequently used, by Adams in 1798 against illegal aliens (US not at war), by Democrat Woodrow Wilson in WWI, and by Democrat FDR in WWII, the text is clear.
Fact: The Act is not about sedition, but security threatened by “alien enemies.” It is triggered by war, that is true. It is ALSO triggered – allowing a president to act under its authority – when “any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States…”
Fact: While the act discusses war with a foreign nation or government, definitions are missing. Needed would be Venezuelan approval of (or acquiescence in) the group’s actions. The group operated with impunity, until recently, in Venezuela. They had a headquarters not taken down. They killed opponents of Venezuelan leader, Maduro.
Fact: Donald Trump discussed repeatedly his intent to exercise Article II and statutory powers under this act. He might as easily have exercised powers under its companion act, the “Alien Friends Act,” which requires no finding of hostility, only illegality.
Fact: President Trump began arresting members of the group in January 2025, as promised. He initiated orders for a flight to Venezuela in early March and negotiated an agreement with the Venezuelan government to receive 300 members of the group.
Fact: To assist in supporting the rule of law in Venezuela and imprisonment of these group members – for US citizens and Venezuelan benefit – he provided six million dollars to the Venezuelan government. The government received and imprisoned the gang on March 15.
Fact: After two planeloads of violent criminals were aloft, outside US airspace, over international waters, the Obama judge threw a fit. More precisely, he ordered the plane to return with these 300 members of the violent, invading Venezuelan gang.
Fact: The Obama judge, who previously ruled for whales over lobstermen, demanded of the President: “Any plane containing these folks that are going to take off or is in the air needs to be returned to the United States, however, that is accomplished. Make sure it’s complied with immediately.”
Fact: Judges, of course, are important. Respect for them is important. They have authorities granted by Congress, except the Supreme Court, tied to the Constitution.
Opinion: This judge was way out over his skis. Frantically, and ideologically, he was trying to stop a president from exercising authorities granted to him by Article II and statute. Trump by law conducts foreign affairs and protects, not an Obama judge.
Opinion: More irritating, that one judge cannot decide for America when to turn an aircraft carrier, satellite, or plane full of terrorists around, and bring them back.
Bottom line: Democrat-appointed judges, like their cohorts in Congress, governorships, and state legislatures, are lost. Trump was legally right, assessment sound. Members of an FTO are “alien enemies,” deportable., Trump wins, Obama judge loses. End of story.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC. Robert Charles has also just released an uplifting new book, “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024).
RBC,
The Democrats are of course using their appointed federal district court judges as a means to try and subvert the will of the people and the lawful policies of President Trump. They Democrats are intentionally using these judges to attempt to slow-down or completely derail the President’s lawful actions, in the hope that they can stall enough progress to allow the Democrats to somehow regain control of the House of Representatives in 2026 and thus immediately impeach President Trump on some bogus charges.
The Democrat Party is nothing if not consistent in the strategies they employ. They care nothing for the American people nor the country as a whole. Their entire concern is over regaining their power and control of the federal government, so they can quickly ram through a series of horrendous policies that will permanently cement their unilateral control of the country and plunge this country back towards the path towards the neo-Marxism they want.
This judge seems to make unconstitutional rulings. Would be nice if he could be impeached. One would think that you would want to have bad people deported from our country who have no legal standing since they are illegal to begin with.
Instead of impeaching this judge, Pam Bondie should charge him with treason!
Once again, we’re back to wondering, just like when Biden was President, who exactly runs the country when ONE JUDGE can overrule the President of the United States and the majority of the American people?
Unconstitutional judges have no place in society. Removing them should be on the list of non essential employees of the state, after a fair hearing from their constitutional peers of course.
Well written article. The Democrats have done everything possible to stop the Republicans from keeping this country free including appointing judges who think they have far more power than they actually do. Laws need to be passed by Congress, not at the whim of some federal judge. Thanks to God our President is now Donald Trump!
Well, RBC, we all know that there will be more conflicts from Leftist judges against Pres. Trump and the administration. As long as the law is followed properly, the Left will have nothing to stand on.
America wins! Excellent article, Mr. Charles as always.
Judge James Boasberg needs to be removed from office immediately. He has no authority to order the President to do anything, he should be immediately removed from his office and never allowed to hold any public office again.
This is not about wanting bad people out of the country folks. It IS about derailing anything and everything President Trump is trying to do to gain back this country from the thugs from other countries and those in the Democratic party. Hurrah for Trump!!!
How did this matter come before judge in the first place?
Time has come to begin impeaching these judges for “bad behavior”. That is a constitutional requirement for the senate.
These activist so-called “judges” need to be impeached and removed from the bunch. Their job is NOT to make laws from the bench and to resist duly-elected president they don’t like at every turn (which is exactly what they’re doing). Their job is to make rulings from the bench based on the laws passed by Congress and signed by presidents. If they want to MAKE laws (which apparently is what some judges are determined to do), they need to RESIGN FROM THE BENCH and run for and get elected to the branch of government that actually makes the laws: the LEGISLATIVE branch.
It’s easy Mr. President, when you know the order is illegal and you are sure you are right, DO NOT COMPLY.
The previous “administration” had no problem whatsoever ignoring even Supreme Court rulings.
Civil rights lawyer Robert Barnes went on a good rant on his show yesterday about how it’s time to curtail local and federal judges’ authority and how it can be done. rumble.com/v6qq9dq-ep.-255-trump-invokes-alien-act-king-carney-takes-over-green-card-revoked-a.html?start=3173
the obama and biden judges love on the illegals
now if we could only punish these judges wanting to act like they were presidents! nw
Can this Judge be charged with trying to aid and assist foreign gang members here in our country illegally? That might put an end to the “Sleazebag Democrat Judge Fighting Trump Of The Week Club” from continuing these tactics. Seriously this is getting old and needs to be stopped now!
Who is notifying these rogue activist judges? Someone or some organization has to be presenting information for the judges to act.
Amen! The ignorant. The Godless. The DemoncRATic. Their rhetoric HATES Facts, Truths, and Authority.
HOW the heck can ONE JUDGE overrule the President of United States and the and the will of the american people !!?
Twist to history that President Biden actual encourage illegals into our country! There fire he is sponsor terrorism,
just corrupt POS.
We have domestic threats which nobody has been arrested or jailed like Trumpers!
These judges are, no more and no less, ideologue sillies. Even if the Supreme Court were to step in and tell them to knock it off, they would continue just like states who keep trying to ban guns in spite of being slapped down time and again. A purge of our legal system is called for as has been suggested by the Founding Fathers.
As far as I’m concerned that judge is also a terrorist and should be deported along with his Trans Agua buddies.
My understanding is that they were not deported to Venezuela, but rather sent to a prison in El Salvadore, which is a different kettle of fish, altogether, since they were never sentenced to prison. If they were, indeed, deported to Venezuela, then there is no problem.
So, when are all of these Liberal Judges appointed by Obama and the democrats going to be removed from the bench and their licenses to practice law and sit on the bench be terminated. The all belong in Guantanamo.
Democrats supporting Judges have no shame nor conscience in their malicious intent to distort the law to fit their narrative. They are insulting the intelligence of the public, while they intend to brainwash the low IQ folks. Something must be done for these abuses, because our Justice system is being laughed at by foreigners and Globally.
If you are going to continue to use the word fact over and over again, at least get them right. Venezuela didn’t take them – El Salvador did
No problem, Your Honor. May we have the home address of Judge James Boasberg? We need as half-way hours for our TDA “visitors”.
Seems like a replay of the 2024 elections where Trump agitates against the judiciary and Democrats back the judges and lose n the court of public opinion.
As I said in my email to the Whitehouse. When a Judge (any Judge) makes an Un-Constitutional decision he or she has nullified themselves, End of story.
Sadly, our cultural neurosis deepens. There is still no accounting for irrational, violent, foreign terror agencies on our soil… yet…
So what happened to the planes? Did they turn around or not?
Confused by your tilted. How did Trump win?. Judges
ruling still stands. Or does it?
Aircraft carrier????? That’s a SHIP. The deported were NOT on an aircraft carrier!
Trump has a dozen different laws to get these people out of the country. Why does he need the Alien Enemies Act of 1798?
Common sense can never be assumed. Some have it, and others certainly do not.
I’m really disappointed in the level of discourse here. I really do feel like Superman in intelligence compared to most of you and I have voted more republican than democrat.
Some of you do not understand the United States constitution. Removing a judge is meant to be difficult just like removing a congressperson or president is meant to be difficult. You would need a 2/3 vote in the senate. Ruling in a way that you don’t agree with is not an impeachable offense. Judges interpret the law.
Why does someone have to lose and why does everything have to be so hyper partisan? Normal Americans don’t define themselves by their political party and why would anybody what to do that?
Not complying with the orders of a judge should be a jailable offense.