The Sunday Ops Report

The Obama judge who just did Trump a favor; transgender "terrorists"; a DA who is a migrant felon's best friend; and who REALLY invented DOGE

So once again, an appointed federal judge has issued a ruling freezing an action of the Trump administration — and social media is buzzing in response.

What’s really going on? And should anything be done in response?

Plenty.

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The Facts: Over the weekend President Trump invoked a law from 1798 known as the Alien Enemies Act, using it to deport members of the notorious Venezuelan prison gang Tren de Aragua (TdA) who are reportedly here illegally. The move was among the main promises Trump made during his campaign, and follows from an apparently successful negotiation between Trump envoy Rick Grenell and Venezuelan President Nicolas Maduro.

Now, that Trump got Maduro to agree to anything is itself a victory, when one considers he is currently under indictment in New York for narco-trafficking. And at this writing, our side of the deal hasn’t been revealed (it likely pertains to U.S. companies drilling in oil-rich Venezuela). But anyway.

If you haven’t heard, literally while a plane-load of TdA gang-bangers was in the air for Venezuela, D.C. federal judge James Boasberg — appointed by Obama — ruled that the plane should turn around midair and return the prisoners to the U.S.

There are many issues embedded in this, but let’s tease out the foundational one: Can the judge do this?

He can — but he may regret it.

(D.C. District Court Chief Judge, James Boasberg)

As of now, federal judges across the nation do indeed have the power to issue an injunction in their jurisdiction that applies across the entire nation. But it’s certainly not something the Founding Fathers envisioned when they set up the Article III courts.

Now, this tactic didn’t come about all at once — it evolved from case law over the years, and as the federal government intruded more and more into our lives. And both sides have used it. But clearly, it’s becoming a favorite and more-frequent tactic of the left.

In a SCOTUS ruling during Donald Trump’s first term, over the issue of the so-called “Muslim travel ban (Trump v Hawaii, ruling for Trump) Justice Clarence Thomas had this to say: "These injunctions did not emerge until a century and a half after the founding… they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality."

Thomas was echoed with a rare statement from Justice Gorsuch, who stated, “This is not normal… What in this gamesmanship and chaos can we be proud of?"

That two Supreme Court Justices, ruling on a different issue, would publicly state their dismay at this practice is, as we used to say in law enforcement, “a clue.” Clearly, at least some of SCOTUS wants a case on this issue so they can rule on it directly.

And the Trump administration could hardly ask for a better set of facts than the deportation of members of a vicious Venezuelan prison gang who are here illegally.

So Boasberg has perhaps done the Trump administration (and all of us) a favor. Here’s a perfect test case to get this up the chain in an expedited way to SCOTUS — a SCOTUS that is already signaling they want it (also rare).

Because this rule, like the past rule-change to the Senate filibuster that the Democrats came to so regret, can cut both ways. And it is not the way our system is supposed to work.

Trump DOJ: Get this case to SCOTUS. End this capricious, cynical practice that, like the filibuster change, has become a tactic of an increasingly outraged (and outrageous) left.

This is no way to run our executive branch. As infuriating as his recent order is, Judge Boasberg has done us all a favor.

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And Speaking of TdA…

If you haven’t seen it, I urge you to check out “Blood in America: The Tren de Aragua Invasion,” streaming now on Fox Nation. Click below for a preview:

This gang is more than just a collections of street-level thugs. What are their ties to the Venezuelan government? To Middle Eastern elements?

Click HERE for a free trial Fox Nation membership.

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A Flaw In The Law: The Tesla Attacks

So by now you will have heard of the shameful attacks on not just Tesla vehicles, but on Tesla showrooms across the country. In Colorado, for instance, a transgender living with mom at 42-years-old has been arrested on federal charges of “malicious destruction” — and freed on bond. “Lucy Grace” Nelson also faces Colorado state-level arson and explosive charges.

So: Shouldn’t this person be facing a terrorism charge?

(“Lucy Grace” Nelson, a “woman” charged in Colorado)

The answer is that the feds can’t charge it. And Colorado — unlike most U.S. states — does not have a state terrorism charge.

In a general sense, the basic formula for charging terrorism is:

a serious crime + an ideological purpose = terrorism.

That, in fact, is the formula across most jurisdictions, including federally.

BUT — at the federal level, a connection to a “foreign power” is necessary. And therein the rub.

As I’ve written about before, America does not HAVE a domestic terrorism law at the fed level— it only exists at the state level. So in the case of Nelson, the feds can’t charge terrorism, because there’s no evident connection to a foreign power (at least at this point). So we get instead this lame “malicious destruction” charge.

And that matters. Because while various federal statutes can indeed stand in for terrorism charges, they don’t always capture the gravity of a terrorism charge, however many years they carry.

That is why, post-911, most U.S. states created domestic terrorism charges of the sort New York has. The feds, however, never attempted this update. Neither did Colorado.

Now, the most common argument against creating such a charge at the federal level is that it could be misused against Americans. This strikes this writer as containing a certain willful blindness: In other words, we should simply ignore what this stuff really is, and call it something else?

And is the potential misuse of something really a compelling argument against it? When it would be so directly on-point for cases like Nelson’s?

Reasonable minds can disagree on this — especially since the “weaponization” of such a law is likely to be misused against the right. I get that.

But right now, with Tesla dealerships being firebombed in order to make a political statement: Does it not feel like we could use such a law now?

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Why Won’t The Bronx DA Let Us Deport This Lunatic?

Sixty-five arrests… attacking nurses and doctors who are all women… and an open ICE warrant. So what’s the problem?

Answer: The Bronx DA… and yes, maybe feds who haven’t got the Tom Homan memo yet.

(Bronx head “prosecutor,” Darcel Clark)

Join us for a pod on one of the most outrageous miscarriages of justice we’ve seen in awhile (and as our readers know — that’s a big statement).

Paul and Chris interview Eileen Leahy — a mother fighting for justice for her daughter, against a system that seems to think that they’re the bad guys.

I have a feeling DA Clark is going to regret taking on Mrs. Leahy.

Click below for a preview — and HERE for the full (infuriating) take.

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Obama Invented Musk — AND Doge!

Remember that almost $500 million that the Obama administration gave Musk to fund Tesla? Back when Musk was the eco-savior of the left and his electric cars were going to lead us into a carbon-less future? (If you don’t, understand that it not only happened; but Musk paid the loan back early). So the next time you see a Tesla, understand that you are essentially looking at a Barack-mobile.

But who knew that Obama also did… this!

So. Is Obama a Nazi now, too?

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Bullets:

• At this writing, Judge Furman of SDNY is still presiding over the case of Mahmoud Khalil, 31-year old Columbia student. Will he be deported? The Trump admin has the law — but do they have the evidence that he is a threat? Let’s hope the fact that the Biden administration did virtually nothing regarding the takeovers on our campuses last year doesn’t mean they don’t. This week is a big one — for an important case…. (And were these search warrants an effort to gather the kind of evidence they don’t have — but wish they did?).

• As Musk and DOGE trim the mountains of fat in D.C, recall that one of the reasons the left is so outraged is not just their loss of control of the bureaucratic state — they’re also potentially losing voters. Under just Obama’s first term, the number of federal employees grew by 123,000, or 6.2%. In other words: Northern Virginia voters whose fortunes are tied to federal bureaucracy. Is it any wonder that Washington, D.C. votes over 90% Democrat? And that Virginia — once reliably red — is now purple/blue? Grow bureaucrats = grow blue voters.

• According to Miranda Devine writing at The NY Post, Hunter Biden is on a luxury vacation at a South Africa beach resort — along with a contingent of 18 Secret Service agents. By statute, Hunter doesn’t get Service protection — but his daddy put through a special “memorandum” ensuring Hunter will enjoy this perk in perpetuity. Send up the DOGE bat-signal!

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And finally….

Yup.

Elon: Mail a copy of this to everyone at US AID.

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