What's Happening Under The Felon is Not Normal or Legal

Among the sparks that ignited the American revolution were arbitrary tariffs that were a tax on colonists - the spark behind the Boston Tea Party - and arbitrary arrests and searches and seizures without due process. Fast forward to 2025 America and we are seeing both under the Felon's malignant rule.  His insane tariffs are driving up consumer prices and threatening America's economy.  Meanwhile, individuals are being seized and made to disappear to shadowy detention centers or shipped to a horrific prison in El Salvador, all without hearings or even a shred of due process.  On the lack of due process front, the U.S. Circuit Court of Appeals issued a blistering opinion rejecting the Felon's request for a stay of district court proceedings involving proceedings looking at criminal contempt charges against the regime.  The opinion was authored by J. Harvey Wilkerson, a Reagan appointee and at least until now Republican, who was a law professor when I was in law school.  He is anything but a ultra liberal and the opinion underscores the crisis now faced in America.  The Associated Press reports on the ruling and here are highlights from the opinion:

It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. 

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear. 

The government asserts that Abrego Garcia is a terrorist and a member of MS-13.  Perhaps, but perhaps not. Regardless, he is still entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove “by a preponderance of evidence” that the alien is no longer entitled to a withholding of removal). Moreover, the government has conceded that Abrego Garcia was wrongly or “mistakenly” deported. Why then should it not make what was wrong, right? 

The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” 

The Executive possesses enormous powers to prosecute and to deport, but with powers come restraints. If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?∗ And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present, and the Executive’s obligation to “take Care that the Laws be faithfully executed” would lose its meaning. U.S. CONST . art. II, § 3; see also id. art. II, § 1, cl. 8. 

It is, as we have noted, all too possible to see in this case an incipient crisis, but it may present an opportunity as well. We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos. This case presents their unique chance to vindicate that value and to summon the best that is within us while there is still time.

A column in the New York Times by a former Republican (who in the past was too much of an apologist for growing GOP extremism) argues that a mass civic uprising against the Felon and his regime is needed.  Here are excerpts:

In the beginning there was agony. Under the empires of old, the strong did what they willed and the weak suffered what they must.

But over the centuries, people built the sinews of civilization: Constitutions to restrain power, international alliances to promote peace, legal systems to peacefully settle disputes, scientific institutions to cure disease, news outlets to advance public understanding, charitable organizations to ease suffering, businesses to build wealth and spread prosperity, and universities to preserve, transmit and advance the glories of our way of life.

Trumpism is threatening all of that. It is primarily about the acquisition of power — power for its own sake. It is a multifront assault to make the earth a playground for ruthless men, so of course any institutions that might restrain power must be weakened or destroyed. Trumpism is about ego, appetite and acquisitiveness and is driven by a primal aversion to the higher elements of the human spirit — learning, compassion, scientific wonder, the pursuit of justice.

So far, we have treated the various assaults of President Trump and the acolytes in his administration as a series of different attacks. . . . . But that’s the wrong way to think about it. These are not separate battles. This is a single effort to undo the parts of the civilizational order that might restrain Trump’s acquisition of power. And it will take a concerted response to beat it back.

So far, each sector Trump has assaulted has responded independently — the law firms seek to protect themselves, the universities, separately, try to do the same. . . . . This is a disastrous strategy that ensures that Trump will trample on one victim after another. He divides and conquers.

Slowly, many of us are realizing that we need to band together. But even these efforts are insular and fragmented. Several members of the Big Ten conference are working on forming an alliance to defend academic freedom. Good. But that would be 18 schools out of roughly 4,000 degree-granting American colleges and universities.

What is happening now is not normal politics. We’re seeing an assault on the fundamental institutions of our civic life, things we should all swear loyalty to — Democrat, independent or Republican.

It’s time for a comprehensive national civic uprising. It’s time for Americans in universities, law, business, nonprofits and the scientific community, and civil servants and beyond to form one coordinated mass movement. Trump is about power. The only way he’s going to be stopped is if he’s confronted by some movement that possesses rival power.

Right now, Trumpism is dividing civil society; if done right, the civic uprising can begin to divide the forces of Trumpism.

[A] civic uprising has to have a short-term vision and a long-term vision. Short term: Stop Trump. Foil his efforts. Pile on the lawsuits. Turn some of his followers against him. The second is a long-term vision of a fairer society that is not just hard on Trump, but hard on the causes of Trumpism — one that offers a positive vision. Whether it’s the universities, the immigration system or the global economy, we can’t go back to the status quo that prevailed when Trump first rode down the escalator.

I don’t naturally march in demonstrations or attend rallies that I’m not covering as a journalist. But this is what America needs right now. Trump is shackling the greatest institutions in American life. We have nothing to lose but our chains.