Category: National Security
by Kent Scheidegger · Mar 26, 2025 2:57 pm
The U.S. Court of Appeals for the D.C. Circuit has split 2-1 in case of the deportation of Venezuelans alleged to be members of the extremely violent Tren de Aragua gang. The majority upheld the temporary restraining order issued by the District Court. The case is J.G.G. v. Trump, No. 25-5067.
The merits of the controversy aside, I believe the dissenting judge is correct on the threshold point. The D.C. federal courts have no jurisdiction here. This is, or should be, a habeas corpus case, and it must be brought in the district where the petitioners are confined, naming the head of that facility as the respondent. CJLF helped establish that rule 21 years ago, in Rumsfeld v. Padilla. Continue reading . . .
by Amber Westbrook · Apr 26, 2021 3:04 pm
Many police officers are hanging up their hats and some major city police departments are faced with serious understaffing with no real end in sight. CNN has this story on the gross understaffing of the Capitol Police, “Capitol Police Union Chairman Gus Papathanasiou said in a statement Saturday that the Capitol Police is staffed below its authorized level by 233 officers and could face larger staffing shortages as officers retire in the coming years.” The Chairman goes on to explain this understaffing in only exacerbated by the injuries sustained by officers during the January 6th riot. The NY Times published this article about the riot at the Capital that resulted, “In one of the worst days of injuries for law enforcement in the United States since the Sept. 11, 2001, terrorist attacks. At least 138 officers —73 from Capitol Police and 65 from the Metropolitan Police Department in Washington — were injured.” These are horrifically high numbers, yet there is little discussion about how to proceed in such a manner that our officers who are there to serve and protect our communities are given the tools to succeed; whether that be training, more officers, and/or improved response.
Continue reading . . .
by Kent Scheidegger · Jul 29, 2020 3:18 pm
40 U.S.C. §1315(a):
To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security … shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government … and the persons on the property.
“Shall,” for those unclear on the concept, means this is a duty.
Continue reading . . .
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