FROLITICKS

The Oxford English Dictionary states that a despot is “a ruler who exercises absolute power especially in a cruel and oppressive way.”  Anyone who has studied American governance under the constitution understands that it provides for “checks and balances.”  In order to do this, there are three basic pillars: the executive, the legislature and the judiciary.  However, today we are seeing an evident weakening of two of these principle pillars under the Trump administration.  There is little doubt that attacks are being made against the justice system and the rule of law.  The President has entered into a new process never before witnessed in the U.S., other than during times of wars.  The President is abusing his powers while contesting the roles of the courts and of Congress.  He is undermining the very constitutional rights of many people, whether citizens, legally living or refugees in the U.S.

The latest example is that of Mahmoud Khalil, a young U. of Columbia graduate student who is married to an American citizen, living in New York, and recently obtained a green card giving him permanent residency in the U.S. Mr. Khalil has never been charged with a criminal offence.  On March 8^th, Mr. Khalil was arrested by ICE officers and flown to LaSalle Detention Center in Jena, Louisiana.  On March 10^th, District Judge Jesse Furman ordered that the Trump administration not deport Khalil pending judicial review of his arrest.  Mr. Khalil was a student activist and negotiator in the 2024 Columbia University pro-Palestinian campus occupations.  After student protests on numerous American campuses, President Trump issued an executive order promising to combat anti-semitism and prosecute or “remove” perpetrators of such views.

Secretary of State Marco Rubio has cited a little-used 1952 Cold-War era statute as the rationale for Mr. Khalil’s detention. The law says that the government can initiate deportation proceedings against anyone whose presence in the country is deemed adversarial to the U.S. foreign policy interests.  Rubio subsequently posted a threat to deport Hamas supporters. No one has yet provided any proof that Mr. Khalil has a direct or indirect connection Hamas.  If anything, he was actively exercising his constitutional right to freedom of speech in a peaceful manner.  Needless-to-say, there were those, including Trump who would deny this right because they simply did not agree with his views on the Israeli-Palestinian conflict, including some Columbia administrators.  For this reason, he was targeted from the outset.

Just this past weak, Trump signed an executive order invoking the Alien Enemies Act of 1798 to rapidly arrest and deport those the administration identifies as gang members without many of the legal processes common in immigration cases. The enemies law allows for summary deportations of people from countries at war with the United States.  One result is the deportation of hundreds of Venezuelan immigrants to a notorious prison in El Salvador, some of whom are claimed by the administration to be gang members.  Subsequently, Judge James E. Boasberg of Federal District Court in Washington issued a temporary restraining order blocking the government from deporting any immigrants under the law after Trump’s order invoking it.  In a hastily scheduled hearing sought by the American Civil Liberties Union, the judge said he did not believe that federal law allowed the President’s action.  Now there is serious contention over whether the Trump administration had ignored an explicit court order, given that the deportees are currently in the El Salvador prison.

Moreover, there appears to be an apparent use of unproven assertions pertaining to ensuring matters related to “national security”, without undergoing the normal “due process” in providing proof or clear evidence before the courts.  In addition, it is obvious that Trump is blatantly “weaponizing” the Department of Justice to do his bidding, something that he falsely claimed had be done to him in the past.  In my opinion, Trump’s actions are increasingly becoming those of a despot.  Whether you agree with me or not, these are certainly dangerous times for American governance!