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Culture War Roundup for the week of April 14, 2025

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Exactly what due process do people think was missed?

Lucky for us that was provided "If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. See 8 C.F.R. § 208.24(f) (requiring that the government prove "by a preponderance of evidence" that the alien is no longer entitled to a withholding of removal)."

If the government managed to bring him back, sticks him before an immigration judge who says "Your asylum claims are no longer valid due to changed facts on the ground, assuming they ever were, it's fine to execute the deportation order to El Salvador", then is everyone who is upset about this going to nod sagaciously and be satisfied that due process was followed

From a legal perspective, yes. There's a reason why the courts (including this Reagan appointed Bush supported conservative judge) have been so consistent here.

How much due process in general needs to be given to each of the 10-30 million illegal immigrants? There was certainly no due processes when they came in; can we hold the entire Biden administration and Democrat party in contempt?

This is just a fundamental misunderstanding of government. Due process applies to government taking action, it is a limit on the ability of government to do what it pleases to people in its jurisdiction.

Back to Garcia, what "options" remain after the government of El Salvador has declined to release him? Do the courts expect special forces to exfiltrate a foreign national from a foreign prison?

Courts are lenient, but they are not intended to be blind. They can easily see through the obvious and barely hidden ruse that if Trump really wanted to, he could help facilitate Garcia's return quite easily. One easy way to help for instance would be to stop paying El Salvador to hold him there.

This isn't unique to the Trump admin, judges have always been able to consider a wider context in their decisions. This can even happen with normal citizens in criminal/civil court. There is a reason why the Supreme Court ruled 9-0 on this, despite judicial disagreements they're all seasoned experts just like Wilkinson and they understand this well.

Lucky for us that was provided "If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. See 8 C.F.R. § 208.24(f) (requiring that the government prove "by a preponderance of evidence" that the alien is no longer entitled to a withholding of removal)."

So if they do this tomorrow via zoom call, you're going to switch sides on the debate and boldly battle the people claiming that bad things have happened?

From a legal perspective, yes. There's a reason why the courts (including this Reagan appointed Bush supported conservative judge) have been so consistent here.

I'm excited just imagining all the consistency!

Due process applies to government taking action, it is a limit on the ability of government to do what it pleases to people in its jurisdiction.

The government took many actions that it pleased to people in it's jurisdictions in facilitating the 10-30 million.

One easy way to help for instance would be to stop paying El Salvador to hold him there.

Do we have any evidence that this is the case beyond Van Hollen claiming that the ES VP told him this? Given the TdA people we are paying for, that seems like a situation with a high likelihood for misunderstandings.

So if they do this tomorrow via zoom call, you're going to switch sides on the debate and boldly battle the people claiming that bad things have happened?

It might be surprising to hear that some people care about the rule of law instead of just partisan "Lawbreaking I agree with = good, lawbreaking I don't like = bad" but yes.

I recommend looking up people like John Locke and William Blackstone to get a basic idea of the foundational values our modern western legal system operate on.

Great. I'm sure you have a large backlog of posts making this same point at progressives, right? Are you familiar with the concept of an "isolated demand for rigor"?

Are you implying that you a stranger, not knowing everything I talk about by the nature of being a complete stranger have any means whatsoever to accuse me of hypocrisy here?

If you're gonna argue with the made up vision of other people you don't know that you have imagined in your head, then enjoy yourself.

accuse me of hypocrisy here

I'm heavily hinting at it, while offering you every reasonable opportunity to demonstrate that the accusation is inapplicable.

Needless to say, I shant be holding my breath, and absence of evidence is very much Bayesian evidence of absence.

"if you don't entertain my made up accusation of a stranger I don't know anything about, then it must be true" is an interesting way to look at the world

I've been arguing about politics online for seven presidential administrations. If called to task for being a partisan, I can reference my old flame wars about the war in Iraq and W-era abortion laws as evidence that I am at least historically willing to be angry at Republicans. Can you really not think of a single time you made a post or comment or argument or shower tirade in which you were upset at progressives for some violation of procedure?

Cause that seems kinda telling.

I am no under obligation to dox myself or other accounts of mine on the internet for the satisfaction of a stranger who believes they can read my mind. If you wish to know my views on anything in particular, ask me. Otherwise I request you to stop assuming things.

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