Former NYPD Inspector Paul Mauro told Fox News host Harris Faulkner Tuesday that the federal judge who demanded flights carrying members of Tren de Aragua (TdA) be turned around was exceeding his authority.
“I want you to take a look at these numbers and how much they are pushing against Donald Trump, our president. So far in his second term there are an estimated 126 lawsuits and legal challenges filed against his policies and actions,” Faulkner said. “In his first term there were 64 nationwide injunctions filed against his administration. That’s double the number of injunctions filed during [George W.] Bush, Obama and Biden admins combined. And there have only been 127 total since 1963. So, 126 in what has it been, 57 days? This is, this is insanity on a skateboard moving faster.”
“There’s a separation of powers issue here. The president has relatively complete power when it comes to issues of national security. This judge is saying no, I’m opining on a federal statute,” Mauro explained. “Those two things are at loggerheads, they’re going to have to be resolved. But we have the larger issue that Kerri was just referring to, the universal injunctions or national injunctions. A district-level federal judge can say I will put my foot in the door and stopping this and it applies across the entire country. This is something that has happened on both sides but it is becoming much, much, more problematic and common on the left versus Donald Trump.”
WATCH:
United States District Judge James Boasberg of the District of Columbia issued an injunction Saturday ordering the Trump administration to turn two planes carrying members of the Tren de Aragua (TdA) gang to El Salvador around after President Donald Trump invoked the Alien Enemies Act to speed up deportations of foreign gangbangers from the United States. Mauro, who is also an attorney, said that Boasberg’s order was part of a flood of “universal injunctions” that could trigger involvement by the Supreme Court.
Trump issued several executive orders to address illegal immigration upon taking office Jan. 20, including one that designated Mexican drug cartels, TdA and MS-13 as foreign terrorist organizations. Mauro told Faulkner the case could end up at the Supreme Court.
“In Trump v. Hawaii in the first term, that was the Muslim ban that wasn’t a Muslim ban, this issue kind of came up on a sidelight. Justice Thomas said very specifically, we have to get this up to the court. We have to resolve this,” Mauro said, referencing the Supreme Court’s decision on Trump’s first-term travel ban from several countries. “They are signaling, as has Gorsuch and as has Roberts a little bit, you rarely get the court saying get this to us, we want to fix it, and so in a weird way, the judge has done them a favor. This is right – the facts are good for the Trump Administration. This judge has stopped it. It is very, very, right to get it expedited up to SCOTUS and get rid of this once and for all or at least amend it.”
In reply, Faulkner questioned how the judge could claim he had the authority to order the planes to turn around after they left U.S. airspace to remove the deported gangsters from the country.
“If they were off U.S. territory, which obviously, they were in the air, and out of U.S. airspace over international waters, how in the world does this judge – and he didn’t do it contemporaneously – it was like, 30 minutes into… I don’t know, maybe somebody tipped him off and he went, oh my goodness, maybe there is something I can sign for this. How does he have standing?” Faulkner asked.
“It gets to the point of, it really gets down to almost nomenclature. The DOJ is saying the minute the plane left American airspace, the removal occurred right there,” Mauro replied. “You are talking about something that was moot. They have already been removed, what are you talking about, it is already done. He is saying my authority doesn’t stop at the waterline, and here is the thing that bothers me and why I think he is over his skis. Because the plane was over the Yucatan Peninsula. He hasn’t done no inquiry as to whether or not the plane had fuel to turn around. The plane, remember, we have cut this deal to land in Venezuela or Honduras.”
TdA is a violent gang whose members have allegedly been involved in the takeover of apartment complexes in Aurora, Colorado, as well as kidnapping and murder.
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