Judge halting Trump's use of Alien Enemies Act is 'brazenly ignoring' Supreme Court precedent: Gregg Jarrett
Fox News legal analyst Gregg Jarrett on legal precedent surrounding the Alien Enemies Act, particularly as the Court of Appeals for the D.C. Circuit is slated to hear oral arguments in high-profile deportation suit involving Venezuelan nationals.
Fox News legal analyst Gregg Jarrett called out Democrats and liberal groups for "judge shopping" – rushing cases to friendly courts to guarantee anti-Trump rulings in a move he considers a blatant abuse of the legal system.
"[It's] completely unethical, and many of these restraining orders have one common denominator – they're ordered by Democrat-appointed judges exceeding their authority, contorting the law to do it," Jarrett said Monday.
The accusation comes on the heels of D.C.-based Judge James Boasberg issuing an order to immediately halt the Trump administration's planned deportations of Venezuelan nationals to El Salvador via the Alien Enemies Act, a 1798 wartime law.
President Trump's deportation flight efforts have faced a roadblock. (Pool via AP)
The Trump administration attempted to invoke the act to deport alleged violent criminals, including members of the Tren de Aragua (TdA) gang that has infiltrated the U.S., taking over apartment complexes, killing Americans and committing other violent crimes.
Jarrett accused Democrats of "usurping the power of the president" and "violating the separation of powers" by seeking out progressive judges who will place a roadblock in the executive branch's path, thereby halting President Donald Trump's agenda in its tracks.
"It's got to stop," he continued.
Judge James Boasberg of the US District Court, in Washington, DC, US, on Monday, March 13, 2023. (Valerie Plesch/Bloomberg via Getty)
"Congress can act. Senator [Josh] Hawley is prepared to introduce a bill to limit the authority of these judges, because Congress created the court system and the judges, and they can limit and circumscribe their authority."
The Court of Appeals for the D.C. Circuit will hear oral arguments Monday on whether the lower court can properly address the administration's actions regarding the deportation flights.
Jarrett told "Fox & Friends" that Boasberg's temporary restraining order defies Supreme Court precedent established upon review of President Harry Truman's invocation of the Alien Enemies Act shortly after World War II.
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"The High Court said that not only is the act constitutional under the law of the land, it is not subject to judicial review by any judge, so when a president invokes it, no judge, no court can ever intervene, not even the Supreme Court, because Congress gave the president the exclusive power that is purely political to make decisions on national security and foreign policy," he said.
Fox News' Haley Chi-Sing contributed to this report.
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