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EN
'Cannot involve second-guessing': DOJ pleads with conservative appeals court to rule that judges can't question Trump's 'factfinding' after Alien Enemies Act loss
['Matt Naham', 'Matt Naham Is A Contributing Writer For Law Crime.', '.Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow', 'Class', 'Wp-Block-Co-Authors-Plus', 'Display Inline', '.Wp-Block-Co-Authors-Plus-Avatar', 'Where Img', 'Height Auto Max-Width', 'Vertical-Align Bottom .Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow .Wp-Block-Co-Authors-Plus-Avatar']
Law & Crime
"For 227 years, every President of every political party has enjoyed the same broad powers to repel threats to our Nation under the Alien Enemies Act ('AEA').
And from the dawn of our Nation until President Trump took office a second time, courts have never second-guessed the President's invocation of that Act.
"For President Trump, however, the rules are different.
Today the majority holds that President Trump is just an ordinary civil litigant.
Rather, President Trump must plead sufficient facts—as if he were some run-of-the-mill plaintiff in a breach-of-contract case—to convince a federal judge that he is entitled to relief," Oldham went on.
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