Due Process
An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
Maine Legislator Barred From Voting Over Social Media Post
Earlier this year, state Rep. Laurel Libby made a post criticizing trans women in women's sports. Her refusal to apologize has cost Libby her right to speak on the House floor and vote on legislation.
Texas Closed Its Investigation Against These Parents. Why Are Their Names on a Child Abuse Registry?
A medical dispute over jaundice treatment prompted the state to take custody of Rodney and Temecia Jackson’s daughter for more than three weeks.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Justice Department Memo Claims Alien Enemies Act Allows Warrantless Home Searches and No Judicial Review
The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."
Glenn Greenwald: Americans' Liberties Are in Danger
The journalist joins the show to discuss due process, immigration enforcement, and the growing tensions between the courts and the executive branch.
Is This Constitutional? Here's How Due Process Works
It appears many people are now eager to dispense with due process.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
The Trump Administration Continues To Attack Due Process
"We have thousands of people that are ready to go out, and you can't have a trial for all of these people," Trump said.
Why Due Process Matters
Plus: A listener asks who was the better president: Trump or Obama?
The Intelligence Community's AI Revolution
The feds are rapidly deploying artificial intelligence across spy agencies. What could go wrong?
Federal Appeals Court Rejects Trump Administration's Attempt To Block Return of Kilmar Abrego Garcia
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.
A Survey Suggests Most Americans Are Not Keen on Trump's Speech-Based Deportation Initiative
Just a quarter of respondents said they favored deporting students for "expressing pro-Palestine views."
Obama Is a Huge Hypocrite for Praising Harvard's Anti-Trump Stance
Harvard's law faculty previously criticized the Obama administration's assault on norms of free speech and due process.
Chicago Cancels Cinco de Mayo Parade Over Fears of ICE Deportations
The Windy City has been the target of ICE’s ire since President Donald Trump took office.
The Trump Administration's Increasing Hostility to Basic Due Process
Vice President J.D. Vance is only the latest to indicate he sees due process, as guaranteed in the Constitution, as an unnecessary impediment to the administration's goals.
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Trump Takes Dangerous Steps Towards Defying Court Orders in Garcia Abrego Case
The Supreme Court ruled they administration must "facilitate" the return of an illegally deported migrant imprisoned in El Salvador at its behest. They have responded by doing virtually nothing to comply.
A Ruling Against Mahmoud Khalil Highlights Marco Rubio's Vast Power To Deport People for Their Opinions
An immigration judge's decision reinforces the constitutional argument against the law that the secretary of state is invoking.
Supreme Court Upholds Order Telling Trump Administration to "Facilitate" Return of Armando Abrego Garcia from El Salvador
Without any recorded dissent, the justices rebuke the Trump Administration's cavalier disregard for due process.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
District Court and Fourth Circuit Order Trump Administration to Return Wrongfully Deported Immigrant
Salvadoran immigrant Kilmar Abrego Garcia was illegally deported and incarcerated in a Salvadoran prison. The Trump administration admits the deportation was illegal, but claims they can't be required to return him.
The Alien Enemies Act Is an Unconstitutional Affront to Civil Liberties
Like with the Japanese internment during World War II, the current move to deport alleged alien criminals is driven by hysteria.
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Deported for Innocent Tattoos?
People are allegedly being classified as gang members for tattoos of crowns, clocks, and soccer logos.
Defending Student Deportations, Marco Rubio Equates Writing an Anti-Israel Op-Ed With Starting a Riot
The detention of Tufts graduate student Rumeysa Ozturk illustrates the startling breadth of the authority the secretary of state is invoking.
Kristi Noem Uses El Salvador's Nightmarish Megaprison To Create Content
The Homeland Security secretary's use of El Salvador's largest prison for propaganda is unethical and an endorsement of an autocratic justice system.
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
Justice Department Invokes State Secrets Privilege Over Deportation Flights
The move is an escalation of the White House's attempt to claim an unchallengeable and unreviewable amount of power.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
FIRE Says the Law Trump Is Using To Deport Mahmoud Khalil Is Unconstitutional. Trump's Sister Agreed.
As a federal judge, Maryanne Trump Barry said the provision is unconstitutionally vague. That's especially problematic when it is used to punish speech.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
Did ICE Deport This Guy Over a Real Madrid Tattoo?
We can't be sure, and that's why due process matters.
"A Statement from Constitutional Law Scholars on Columbia"
by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."
How Trump's Alien Enemies Act Deportations Violate the Due Process Clause of the Fifth Amendment
The people deported are incarcerated in Salvadoran prisons without any due process whatsoever.
The Feds' Legal Arguments for These Deportations Are Laughably Weak
A Trump administration official admits that there is little specific evidence tying some deportees to any crime—and argues that the lack of evidence should be taken as proof of criminality.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Congress, the Fifth Amendment, and Personal Jurisdiction
A recently filed amicus brief in Fuld v. PLO.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...