James Emanuel Boasberg (his friends call him Jeb) was named to the Superior Court of the District of Columbia in 2002 by President George W. Bush. While he was there he presided over criminal cases, domestic abuse cases, and even some civil actions. He was considered a no nonsense guy. In other words, someone you didn't want to play legal games with.
His reputation was such, that in 2010 Barack Obama nominated him to serve on the Federal District Court for the District. Nine months later, because these things take time, the United States Senate confirmed his nomination by a vote of 96-0. (Presumably there were some republicans included in those 96 yea votes) In May of 2014 U.S. Supreme Court Chief Justice, John Roberts--that's right, the same guy who is there now--appointed him to the United States Foreign Intelligence Surveillance Court. It is the place people like the FBI go to get warrants that allow them to spy on suspected foreign spies.
In 2012 Boasberg ruled the public had no right to see photos of a quite dead Osama Bin Laden. In 2016 he ruled the public did have a right to take a gander at 14,000 plus emails sent and received by Hillary Clinton. A year later, in 2017 he said Donald J. Trump was under no obligation to release any of his tax returns unless ordered to do so by Congress, which, as we know, never happened.
So, how did a judge who was originally appointed to the bench by a republican, then to a highly sensitive position by the sitting Chief Justice of the most conservative Supreme Court in memory--a jurist who arguably helped get Trump elected in 2016, become a, "lunatic, radical left, political activist, who, according to everyone from the President, the US. Attorney General, and Stephen by God Miller, should be impeached?
Well, it turns out all it took is for Jeb Boasberg to tell Donald Trump, "Whoa, wait a minute."
Yes, these days it is incredibly easy to become an, "enemy of the people," since Donald Trump considers himself, "the people."
Obviously, Trump feels he is on the right side of this whole Enemy Alien Act thing with the public. It doesn't matter to him we aren't at war with anyone, and the act itself has until now been reserved for use during times of war. In fact, one of the arguments his toadies have been using to justify the deportations is that Trump was elected because voters wanted people like those Venezuelans kicked out of the country. That's right, baby I can do what I want, when I want because I am but a mere servant of the masses.
Of course, Boasberg isn't saying Trump can't deport people, even though that's what El Don wants you to believe. What the judge is questioning is how he is doing it. Let's face it, those planes didn't take the deportees back to Venezuela. They were shipped to El Salvador and chucked into a maximum security prison, where their room and board, as it might be described, is being paid for by American taxpayers. All of it without even the hint of due process, despite a couple of administration officials sheepishly admitting some of those "gang members," haven't actually committed any felonies, violent, or otherwise, unless you count entering the U.S. illegally.
And, according to El Salvador's President, Nayib Bukele--a former businessman himself-- prison is where they'll stay, without trial, so long as America keeps footing the bill. At this time it's unknown how much of a personal bonus Bekele is getting for this service, although we can be certain it is substantial.
All the screeching about impeaching Jeb Boasberg prompted John Robers to remind the President that it isn't such a great idea to impeach a judge just because he rules against you. After all, we aren't to the point, yet anyway, where the majority of Americans will accept a full blown autocrat. We need to ease into a dictatorship. Roberts' memo to Trump has liberals all giddy about a possible rift between the two. As pleasantly exciting as that might sound, the reality is that Roberts was simply telling Trump not to go too far too fast. In short, don't impeach, just appeal unfavorable rulings to the Supreme Court and we'll legitimize everything you're doing in a way no one can possibly challenge.
Indeed, at this stage, at least keep the illusion of a constitutional democracy and the separation of powers.
The only question is whether Trump has the patience to do it. That ego is spinning further and further out of control on what feels like a daily basis and the family history of dementia might have begun to factor in even as these words are typed.
In the meantime, Judge Boasberg needs to keep his head on a swivel. All those Oath Keepers and Proud Boys that Trump sprung from the joint are somewhere out there. And unlike some of the Venezuelans now residing in El Salvador, we know for a fact they are capable of violent crimes. We all watched them do it live on TV early in 2021.
sic vita est
3-20-25
As I am saying often these, "I'm not surprised." I have noticed that being a Trump insider is often not a good long term move for your career, reputation, or legal status. I am anxious to see how long it will take for Trump to tire of, or be offended by, Musk.
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