SiriusXMâs Megyn Kelly clashed with Democrat Florida State Attorney Dave Aronberg on her show Friday over whether a D.C. federal judge can âdecide political questionsâ regarding President Donald Trump.
Trumpâs Department of Justice (DOJ) on March 28 asked the U.S. Supreme Court to block U.S. District Judge James E. Boasbergâs temporary halt on deportations under the Alien Enemies Act of 1798. While discussing the case on âThe Megyn Kelly Show,â Aronberg defended Boasbergâs decision, prompting Kelly to push back and question the judgeâs authority.
âOK, but Dave, how is it that the federal district courts are allowed, in the argument of the ACLU, to decide whether thereâs been an incursion, a predatory incursion, by a foreign government?â Kelly asked. âHow are they better positioned to determine that than the commander-in-chief and the sitting president of the United States?â
âWell, theyâre entitled to interpret the Alien Enemies Act, and here the judge is saying thereâs not been a declaration of war, and so this act does not apply, does not give the executive branch the authority to make these decisions â â Aronberg said before Kelly jumped in.
On March 15, Trump invoked the Alien Enemies Act of 1798 against the Venezuelan gang Tren de Aragua, allowing officials to make immediate arrests and removals of gang members. The same day the order was invoked, however, Boasberg filed to halt deportations as the Trump administration announced the removal of more than 200 gang members to El Salvador.
âYouâre not answering,â Kelly pushed back. âNo, no, no, so let me stop you there, because thereâs three different ways that you can get the Alien Enemies Act to apply. Act of war, invasion or predatory incursion. Trump seems to be citing the latter two.â
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âThey donât seem to be arguing that weâre necessarily at war with Venezuela, but, for sure, heâs saying, if you look at his declaration, it says invasion and predatory incursion,â Kelly said. âSo thereâs no question that you can have those other things without Congress.â
Aronberg went on to say that the âexecutive branch has the ability to interpret that statute as it wantsâ in the same way the judiciary could say the executive branch has âgone too far.â
âTheyâre not allowed to decide political questions, Dave,â Kelly jumped in. âHow is it not a political question whether weâve suffered a predatory invasion from Venezuela?â Kelly asked.
Aronberg said the Supreme Court would make that decision. He began to say it was âtellingâ that the court hadnât jumped in on the case before Kelly cut him off.
âThey never questioned our declaration of war after 9-11. They didnât question our declaration of war with respect to Iraq or Afghanistan,â Kelly said. âThe courts have typically been reluctant to go anywhere near that kind of political declaration because they understand when youâre talking about political questions, the president is at the apex of his powers and the courts, to say theyâre at their nadir, they have nothing. They have none.â
The case was brought to the Supreme Court after the D.C. Circuit Court of Appeals upheld Boasbergâs temporary halt on March 26. While waiting to see if SCOTUS will take the case, Boasberg grilled DOJ lawyers Thursday on whether they had defied his original court order blocking deportations, according to Fox News.
(Featured Image Media Credit:Â Screenshot/YouTube/âThe Megyn Kelly Showâ)
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