Court rules against deporting cartel members (09-03-2025--Hour1)

What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to three on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to Thepete calendarshow dot com. Make sure you hit the subscribe button. Get every episode for free right to your smartphone or tablet. And again, thank you so much for your support. Pete Calendar. Here. Once again, I apologize for the way I sound. Unless I sound better, then I make no apologies. But I feel like I sound worse. I don't know what I'm dealing with. I think it's it could be allergies. I think that's what I've been popping some Claritons. Now that's not an endorsement. I'm not paid by Clariton, although I am open to an endorsement. But now I don't know what it is. It's just kind of in the in the chestel area and a little puffiness in the up the nose. So I apologize for the way my voice sounds. I feel like ninety percent a little draggy, but nothing terrible. So again apologies for the way I sound here today, but we will will endeavor to get through it, and I'll be hitting the cough button like right there. Okay, So President Trump has been blocked by a federal appeals court from using the Alien Enemies Act or the AEA. Where's I call it the AEA? It's a nineteenth century wartime law, and Trump is using it to deport Venezuelan migrants his administration says, belong to the criminal gang trend' rawa. That is, according to newsweek dot com. Again, they have changed the vocabulary again on us. It is no longer undocumented immigrants apparently now the rule book says, and there is a literal rule book, it's called a style book. Actually, so I guess the rule book has been shifted now yet again. And now everybody's just a migrant, that's it. So this way, we don't know which population you're talking about. Are they illegal aliens or are they legal aliens? Are they migrant workers? Because these are all classifications in law. But the way the media and the left, but I repeat myself, are conflating all of these terms into a single one migrant, it obfuscates the issue. So now you don't know who you're talking about. And that's the whole point. It's to create confusion to then use empathy against you. As I went over yesterday, this is a logical fallacy. It's an appeal to emotion in order to short circuit logical rational thinking. And so this way they can say, why do you want to deport this little baby? You're thinking, I would very much like to report to deport the rapist murderer from Trende, Aragua. Right. That's the difference. One is an illegal alien criminal came into the country on their own, and the other is a baby that got brought over and is crying for mommy. And that's meant to talk at the heartstrings, when in fact you're talking about the criminals that are you know, running amok in America. So there was this court decision, and what's interesting is that I was reading Andy McCarthy at National Review from a couple months ago, and he actually thought this case was going to go the other direction, at least the appeals court level. This was the Fifth Circuit Court of Appeals. It bars deportations from Texas, Louisiana, and Mississippi. And it started when you know, Trump designated Trende Arragua as a terrorist organization, a foreign terrorist organization or an FTO. This was a two to one decision by the US Court of Appeals which found there was not an invasion or predatory incursion by a foreign power as required by the law, which was from seventeen ninety eight. So that's what the language says, due to invasion or predatory incursion. And so there are a whole bunch of questions. Some of them are just like really like legally esoteric. I mean, I'm sure the lawyers would be like, it's really important whatever, but they're just kind of like process things, and people call them technicalities and whatnot. But one of the items that this turns on is what the role is of the federal of the executive, the president, what the role is of the Court, and what the role is of the Congress, and whether or not there has to be a declaration of war by Congress. And there have been previously litigated cases at the Supreme Court level. Truman used the AEA, and the Supreme Court was examining whether or not the war was still going on or not, because it was nineteen forty six and the Germans had already surrendered and that was a declared war. I believe that may have been the last war that Congress has ever formally declared, which you know, in my mind pretty important. If we're going to go to war, I feel like we should, you know, declare war, just to make it official, you know. And I said this at the during the Iraq War as well as Afghanistan, like, if you're going to go to war, don't use these authorization of the use of force or whatever. There's no reason to do that. Just do a declaration of war. So the Alien Enemies Act past in seventeen ninety eight. It was part of the Alien and Sedition Acts under President John Adams. It grants the US President the authority to detain, restrict, or deport foreign nationals from the country that is at war from a country that is at war with the United States. Okay, that's how Newsweek writes this up. And there were other parts of the Alien and Sedition Acts which either expired or got repealed because they were like blatantly unconstitutional. John Adams had a bit of a thin skin, so when people mocked him in the editorial pages and drew cartoons of him, he got very upset. About that, So he tried to say that was seditious. Anyway, the Act was only used three times before in US history, all during declared wars, which would be the War of eighteen twelve, World War One, and then World War Two. The Trump administration unsuccessfully argued that courts cannot second guess the president's determination that trend de Arragua was connected to Veniceze government and represented a danger to the United States, which would merit the use of the Act. So that was their explanation, And like, this is what makes me uncomfortable here is that the courts are not the determining authority on whether or not we are suffering an invasion. No, wouldn't that be the executive branch, which is in charge of the military and the intelligence assets. Wouldn't they be in a better position to know whether there is a predatory incursion. That's what it seems like to me. I understand that there's you know, we're not using the invasion like a military invasion understanding of the law. But has there been an invasion? I would submit, yeah, you could. You could argue that that would what we are seeing with these cartels in filtrating America. That is an invasion. I mean a home invasion is an invasion of just one person into another person's home. Right, So I'm not sure it has to be like a state or a nation military force that does the invasion or launches a predatory incursion. Right. In the majority were US Circuit judges Leslie Southwick, she was a George W. Bush appointee, and Irma Carrillo Ramirez, a Joe Biden appointee, and Andrew Oldham who was a Trump appointee, And he dissented. He said, hang on a second, No, this is from the majority, the two judge majority. A country encouraging its residents and citizens to enter this country illegally is not the modern day equivalent of sending an armed organized force to occupy, to disrupt, or to otherwise harm the United States. Again, here just common sense tells me, I disagree. A country that encourages its own people to enter America illegally and disrupt, takeover apartment complexes, kill their people with fentanyl, right. A country that encourages its own residents, its own gang members, cartel members. Right. So it's not like this is your sort of American standard. Maybe there's a little bit of a Western conceit going on here where it's like, oh, well, you know, Maduro is a is a government leader, and these cartel members are just his citizens, and he's just encouraging them to go there. It's no different than if we were to encourage Americans to travel overseas. But there is a difference. These are cartel members. He's a communist and he's trying to undermine and destabilize America and kill Americans with the drugs. So it seems to me like there is a bit more of an analogy with a foreign invading army than with simply, you know, your citizens traveling across the border for good jobs. 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Judge Ramirez, who asked that asked no questions until the hour long session was winding to its conclusion, is very likely to side with the aliens. What was striking, though, was the performance of Judge Oldham, a super sharp former clerk to Justice Sam Alito and former General Counsel to Texas Governor Greg Abbott. Not only does Oldham appear persuaded that the president's AEA invocation is not just sorry, is not judicialbal In other words, it should not even be reviewed by the courts. He's saying, it's not judicial, this is executive power. This is not up to us. He went further than the Trump Justice Department in suggesting that the administration's conclusion that an alien is a member of TDA is also beyond judicial review. On the other hand, he says, at issue here are alien threats to national security, which are by nature political rather than judicial, i e. For example, they involve judgments about foreign affairs, military force, and classified intelligence that are not within the judicial ken. Even conceding that it is the court's job to interpret statutes. Should an elected courts Sorry, I think it's the drugs I'm missing words here. Should an unelected court's judgment about whether a predatory incursion by a foreign power quote unquote has occurred or not? A judgment that determines how the government should respond, potentially militarily and diplomatically. Should an unelected court judgment about that supersede the judgment of the president, who is specifically elected to protect national security and conduct foreign affairs. I think reasonable people may be able to disagree on this, but my reading a predatory incursion by a foreign power, I think that is a massive umbrella. I don't think it has to be a traditional nation state. I don't a foreign power, whatever that might be. Say, for example, Communism, why not doesn't communists? Look, they don't even recognize their own nation state, right, they're workers of the world, unite and all of that. It is an expansionist philosophy. Well, now that i'm thinking about it too, about Islam, Oh, no, pete, you can't say that. Well, I just I mean, they view themselves as the you know, the Uma, the Califate, you know, They're like, we're all part of the whole big Islamic world, except if you're like in the like the Shia versus Suny branches, and then you could just murder each other like that anyway, But I digress. The point is I find the predatory encourasion by a foreign power to include a transnational narco state, a transnational cartel. Yeah. I think that that's covered. And here's the most important part was that when the executive branch, the leader of the military, and the intelligence community and the diplomatic corps, when they make that decision, they then harness all of those powers around that decision for a strategy. If a court comes along and says, you're wrong, you can't do that, Okay, then what do we do are we Are we allowed to do anything? We're not, but we can do all these other things, but we're not allowed to deport. Is that the idea, because that's what Trump is using it for. Oh hang on, He's not just using it to deport. Sorry, he blew up. A boat killed eleven people. The government says that it was a boat that was running drugs from Venezuela and it was being run by the trende Aragua cartel. Eleven people killed in the strike in international waters. How do we feel about this now? I mean, if a court, well two judges, if they're telling us that he can't even deport people from Trende Arragua because they're not a foreign power, well he just whacked eleven of them. So when I was a kid, my grandpa died with Alzheimer's, and before he died, my mom and my dad took care of him as he got worse. Forty years ago, there were no treatments and not much support for caregivers and family. But things are different today because of the work of so many people, including the Alzheimer's Association of Western Carolina. It's a great organization with awesome people with huge hearts. I've been a supporter for twenty five years. This cause means a lot to me. I participate in the annual Walk to end Alzheimer's and I'm leading a Charlotte team again this year, and it's called once Again Pete's Pack. You can sign up and you can join the team and walk with us. 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So, going back to the Andy McCarthy piece at National Review about this litigation over the use of the Alien Enemies Act to deport Venezuelan migrants affiliated with the TDA Trende Rabah Cartel, Congress has not weighed in on whether there has been an invasion or predatory incursion by an arm of the Venezuelan government. That's what the Trump administration alleges, even though US intelligence agencies are in disagreement with each other. So there's varying differences of opinions the Trump whether it's an arm, whether the incursion, or whether TDA is an arm of the Venezuelan government or not. Okay, that component. The Trump Deo insists that Trump's decree is sufficient. What Andy McCarthy said was that the lack of any congressional agreement calls for more judicial scrutiny. Our constitutional system is skeptical of claims of unilateral power. So once again, yeah, if Trump had gone to Congress or this is going to sound crazy, but Congress had done its job on its own, right, Like, maybe you guys could have done that on your own. Why not just run a declaration of war against trendy Arragua. You can do that, right, Why not do that? And then Trump can have all of these war fighting powers that he says he needs. And I think you tend to agree, so why not just go ahead and do that? But instead he uses the Alien Enemies Act. Congress gets to not do anything except, you know, do YouTube videos, make speeches, dial for dollars and that sort of thing. And then in the meantime, now we have an attack by our US Navy on an alleged drug running boat owned by trende' arragua. I do not know if this is true or not. I mean, they released a video of them blowing up a boat, so I'm pretty sure that part happened. But I don't know who was on the boat. I don't know what the boat was carrying. I don't know. All I have to go on is what the administration tells me, and I have learned over the years, people and government lie, especially when they make mistakes and killing us in people, then they really lie, but not even always. I remember President Drone Strike. You remember him, Yeah, he used a drone strike and took out an American citizen. That was Obama got the name President Drone Strike because it just started drone striking everything all over the place, killing innocent people and killing American citizens. Now, they were, you know, fighting in an overseas war theater, so it kind of tracks. But people were upset at the time because that was an American citizen and you whacked him without due process. I argued that at the time that I kind of feel like you may give up those rights to due process when you travel overseas, take up arms and start shooting and killing US military service members in the theater of combat. Like to me, that like that all kind of lays out the case for me. But this would be so much easier if you just did a declaration of war, right, The President said eleven people were killed in the strike in international waters. Secretary of State Marco Rubio described the lethal strike as taking place in the Southern Caribbean against a drug vessel which had departed from Venezuela. The use of military force against Latin American drug cartels represents a significant escalation by the Trump administration and could have serious implications for the region. So this is wishcasting by CNN. That's not actually journalism. That's just making predictions about what could happen, because it could also not have any implications for the region, or it could have less than serious, just some minor implications. Right, they don't know, they're just throwing that out there. TDA is a designated foreign terrorist organization. It operates under the control of Nicholas Maduro, responsible for mass murder, drug trafficking, sex trafficking, and acts of violence and terror across the United States and the Western Hemisphere, said Donald Trump in a post on the Truth Social the State Department designated Trende Iragua as a foreign terrorist organization and specially designated global terrorists, and they did that back in February. Right, So, if you can label somebody as an ft O or a was it a global or specially designated global terrorist organization? If you if you can apply these labels and then it allows you to do something, then I guess you can do it. And I guess that means blowing up a boat with a bunch of drugs on it from Venezuela. By the way, Rubio just recently just he made he made remarks about the boat bombing and then went to Scentcom or Southern Command. Yeah, and then he went to He's on a trip to Mexico and then to Ecuador. So do you think this was coincidental that they blew up this boat on what was apparently a known shipping route. That's why they knew it was going to be there, and I guess they tracked it and they blew it up just before he heads to Mexico. I don't think that's coincidental. I just do not believe that very well could be. I just think this is like, hey, guys, this is what we can do. Marco's come into town. See if you can work with them on some stuff, right, because otherwise this is what we're doing. CNN previously reported that the US military was deploying more than four thousand marines and sailors to the waters around Latin America and the Caribbean as part of a ramped up effort to combat drug cartels, a show of force that has given the president a broad range of military options should he want to target drug cartels or maybe just be ready in case of World War three. I'm sorry, did I say that? It does seem like a like a good idea to have some boats in position around some of these hot spots in case China and Russia start, you know, although wait, you know what I did see this? There was an off There was a hot mic moment caught where Putin I'm not kidding Putin and Winnie the Pooh's Jianping they were caught talking about organ transplanting and how they are going to be able to live to be like one hundred and fifty, which means they don't want nuclear war. So that's a good sign. I mean, downside, they may be organ harvesting their people and slaves and such, but they don't want nuclear war. Game on Week one starts now, and every touchdown brings you closer to a payout. With Draft Kings sports book and official sports betting partner of the NFL, this isn't just football, it's first touchdown fireworks anytime. TD rushes live bets that ride every momentum shift that Draft Kings every play is your next shot to win. Will the Panthers win? Will we even get a touchdown? 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Void in Ontario. Bonus bets expire seven days after issuance. See Sportsbook dot DraftKings dot com. Slash Promos NFL Sunday Ticket offer for new subscribers only and auto renews until canceled. Digital games and commercial use excluded. Restrictions apply. Additional NFL Sunday Ticket terms at YouTube dot com, slash Go Slash NFL Sunday Tickets Slash Terms Limited time offer. Carl who says you are crazy, but it's a good crazy. I think it's cute and some of the things you say make us lose it. Have a great day, Carl. I believe the word the preferred word. It's not crazy. That's offensive. It's a microaggression. The word is wacko. Okay, thank you, Donna, says, I call this a good strategy, one that should have been utilized more often. As Jasmine Crockett would say, we ain't playing quotation marks. Oh that's a text. Okay, that's a voice to text. There, we ain't playing well. It depends on which audience. Jasmine Crockett would be saying that in front of right because she code switches depending on the audience. Dean says, putin not wanting nuclear war is like asking a sober alcoholic how he would act when he's drunk. What I award you no points? I don't. I don't know what that means. Now get this. According to CNN, the US military was deploying the four thousand Marines and sailors right around the Caribbean. The Trump administration has taken an aggressive approach to combating Latin American drug cartels, okay, designating many of them as foreign terrorist organizations. Tom Caraco, a senior fellow at the Defense and Security Department at the Center for Strategic and International Studies. Tom Caraco said while he did not know of an instance of such action being taken against a drug cartel in the past, namely the blowing up of the of the drug boat, so he does he's not aware of another incident like this, however, quote on the other hand, I'm not sure that we would know, he said. It would not surprise me in the slightest if there were I don't know a dozen or so instances that we just don't talk about. Interesting. Okay, so we can blow up their boats and kill a dozen of their cartel members, but we definitely cannot expel them from the country when they have arrived here illegally. I think I've got this straight now, Thank you very much, all of the judges very very very clear. Now I can see. I also just saw. So I have it on good authority that President Donald Trump is not debt that he is alive. Apparently there was. There was a whole bunch of scuttle butt and rumors and wish casting and giddyness over the weekend from folks on the left on the social media that Donald Trump was was dead. And the reason why they thought this, I mean obviously, was because he had not made an appearance in front of TV cameras for like seventy two hours, and so that obviously means he's that. And they also are focusing a lot on his hands he's got like some like a bruise on his hand, and so they keep focusing on his hand. They also focus on his ankles that because they appear swollen when he sometimes when he's sitting down with these meetings with the foreign leaders in the Oval office. You know, they're sitting in the two chairs next to each other. And a couple of months ago, he was in one of the chairs and somebody took a picture of his of where his you know, his shoe. He always wears the wingtips, right, so he's got the you could see the ankle is kind of like puffing out over the sides of the shoe. Now, the guy's like eighty years old, so I would be shocked if he doesn't have some sort of hypertension issues going on. There's I'm if it's not hypertension. I'm sure it's something like water retention or something like that. I mean that usually happens like as you get older, your feet swell, your legs swell up and stuff like that. You're eighty, you know. And the bruising, I think they said at the time was they identified some you know, non life threatening condition that he's got and you know, shaking a lot of people's hands and he gets you know, he bruises easily. Again, he's eighty, you know, as Norm MacDonald told the story about his grandmother who was bruised from her wrist all the way to her shoulder and he asked what happened and she said wind. So I'm glad to see though, that the media that spent four years unable to identify any single sign of cognitive decline in a president, they have now learned their lesson and they are now hyper focused on every single physical attribute of Donald Trump because they're not going to make that miss again. People. It's for us, the firefighters of democracy. All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast, so if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to dpetecleanershow dot com. Again, thank you so much for listening, and don't break anything while I'm gone.