It's Complicated

Episode 114 | No Trial, No Rights—Trump’s Wild Move to Lock People Up Overseas!


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In today's all-new episode, our hosts Renato Mariotti and Asha Rangappa are joined by Georgetown Law professor Steve Vladek to discuss the legality of Donald Trump having people grabbed off the street and dragged onto El Salvador-bound planes without due process.


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The delicate balance between national security and individual rights is at stake, as we discuss the Trump administration's troubling and unprecedented use of the Alien Enemy Act of 1798. Professor Vladek offers unique insights on the historical context of the Act and points out just how drastically Trump’s use of it deviates from its intent.


The trio of experts stress the important role of the courts in reviewing wartime detention. We’ll also shed light on Trump’s push to limit judicial oversight, which raises unprecedented concerns about the limits of executive power.


Asha, a Yale National Security Law professor and former FBI special agent, explains the essential principles of habeas corpus. She highlights how, even in times of national conflict, the legal system upheld this right—wherein judicial review is required to confirm that any detention or deportation is being done on a legal basis.


Renato, a legal analyst and former federal prosecutor, underscores the grave implications for U.S. democracy if these actions continue to proceed unchecked. Professor Vladek also warns that such actions could cripple the judiciary's role, reducing its function to mere formalities and tearing the very fabric of our democracy.


Despite the challenges, there remains a glimmer of hope for judicial pushback and collective legal action, while Steve urges that we remain vigilant during these tumultuous legal times.


Be sure to tune in for the next episode of It's Complicated for more analysis of complex legal issues that can’t be broken down into talking points or simple headlines.


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It's ComplicatedBy Renato Mariotti & Asha Rangappa

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