The Alien Enemies Act of 1798: Its all about “predatory incursion” 

District of Columbia Judge Boasberg had no right to dip his toe into the Executive actions of the Trump administration when it came to the deportation of 200 Venezuelan gang members from Tren de Aragua to the El Salvador Terrorism Confinement Center under the Alien Enemies Act of 1798.  The whole debate about who has the right to do anything clearly falls on the side of President Trump, and I say that after just spending an entire day at the Supreme Court and being in the main courtroom extensively thinking about these kinds of things in context.  A district judge does not have a check on power for a newly elected representative in the Executive Branch that represents the people who put him there.  I know Justice John Roberts and Amy Coney Barrett will want to consider the Supreme Court’s role in cooling the actions of what could be viewed as an out-of-control Executive Branch, which is the traditional role of the Supreme Court.  However, like the election fraud cases and other serious infractions to our legal system over the last few years, real trouble has been written into the strategy itself.  Many enemies of America are trying to take advantage of our legal system and purposely place the Supreme Court in the middle of the fight with an eye toward checks on power by inspiring radical judges like Boasberg to test the legal waters and attempt to win cases against a president that radicals desperately want to stop.  The temptation is to enforce the law in a way that states that no president can enforce the Alien Enemies Act of 1798 because it requires Congress to declare war; a president can’t do so himself.  The win for the President will be under the deportation of any non-citizens deemed dangerous to the peace and safety of the United States with a “predatory incursion.” 

What everyone is missing in this case is that last part: hostile characters from foreign countries do not have First Amendment coverage as noncitizens, and they certainly don’t have the right to predatory incursion meant to overthrow our country.  That’s why the Federalists, with John Adams at the time, pushed to create the act, which continued while Jefferson and Madison were presidents leading up to the War of 1812.  At that time, after the Revolutionary War, the English, the French, and the Spanish were all fighting each other with America in the middle, and many of those foreign countries were working desperately in the background to topple the new nation from the inside out.  The tactics used during this time were very much like what we see today with the efforts of globalism and finance trying always to erode away the ground under our feet. And when it came to the Alien Enemies Act of 1798, the Federalists wanted to remake America into Great Britain, while the Anti-Federalists were very cozy with the French.  However, the English and French were at perpetual war, and they found that America played a great neutral ground in undermining each other, with both betting that the other would topple and take the new country of America with it.  And the Spanish gambled that they would be nearby to pick up the pieces once everyone else collapsed.  So, for our country to function, foreign influences had to be removed because they intended to weaken our country before it started.  Those same tactics have been learned and used by modern countries and even individuals hostile to our system of government who want to see a one-world rule that erases away the Constitution and reforms American law under a United Nations charter.

But Nicolas Maduro of Venezuela is certainly anti-American and, specifically, the Trump administration.  Always lingering in the background on attacks against immigration fairness is the radical leftist hope that with migration, socialism and communism will seep under the door to immigration policy and destroy the capitalism of America and our economy, which is certainly a fantasy of Maduro who wants to be able to control the price of oil, one of their most significant exports, and using chaos to control those prices.  But he and dozens of other little nations wrapped around the axil of communism would never directly declare war on the United States with its ominous military, instead they would try a much more passive-aggressive strategy by supporting state-sponsored terrorism that couldn’t easily be traced back to the host country, and that’s what Tren de Aragua gang members are, cartel terrorists meant to poison Americans with drugs, and to harass our legal system beyond the controls of our law enforcement, hiding terrorism behind illegal immigrations and the no man’s land enjoyment they fully utilized during the Biden administration to expand their network vastly.  Under the dialogue of law for our young country, our history in dealing with purposeful “predatory incursions” is why laws like this one are still on our books because we have had to use it several times to enforce our border security and to keep the enemy from undermining our society from the inside out, we’ve used it during the War of 1812, World War I and World War II, and we have to use it now for what is an attack on the basic infrastructure of our country and the fundamental concept of rule of law. 

The hope is that ambiguity on border policy might swing a few wobbly judges like Roberts and Barratt in the direction of the many hostile representatives operating in our country under a strategic desire to topple our country toward globalism from the inside out.  However, under the President of the United States, border security is a clearly defined obligation of the Executive Branch, and he does not need Congress to declare war.  All he needs is “predatory incursions” that threaten border security, and the drug cartels of Mexico and Central America are intent on doing just that.  And for District Judges, Justice Roberts is wrong on this; those who purposefully test the fences to attempt to erode the powers of the Executive Branch in favor of known hostilities must be punished.  We have trusted judges too much, and we see lots of radical actions by the Bar Associations that have sought to undermine our country as we know it for an order in which they had more power and control.  What Judge Boasberg did was essentially no different than what the socialist tyrant Nicolas Maduro was doing with the Tren de Aragua gang members, and that is to provide a predatory incursion on the daily life of the American people.  They have to be punished for an act of revolt against our country, and in this case, to create instability in enforcement among the Executive Branch.  Globalists in the form of domestic enemies, which is what Judge Boasberg made himself into, are terrorists when they try to attack the sovereignty of a country by saturating it with illegal immigration and then putting those rights onto the newcomers without earning that right with the purposeful intent of allowing our legal system to be overcome with a menace.  This is precisely what Judge Boasberg, appointed by the domestic terrorist Barack Obama, was trying to do to Trump, to tie up his hands in court so that the Maduro strategy through undeclared war through drug cartels could undermine our society in ways that a military never could, by destroying us from the inside out, a “predatory incursion.”  And that by the time we figured it all out, our country would be gone, killed by kindness. 

Rich Hoffman

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