Constructive Custody

This episode explores the Trump administration's actions and legal challenges surrounding the detention of individuals under the Alien Enemies Act. Against the backdrop of the Abrego Garcia case, the hosts discuss the Trump administration's attempts to delay discovery and their unsuccessful efforts to secure Abrego Garcia's release from El Salvador. More significantly, the discussion pivots to the legal challenges in Judge Boasberg's court, where a Trump-appointed judge declared the administration's use of the Alien Enemies Act unlawful. For instance, the hosts analyze the Trump administration's defense arguments, highlighting inconsistencies and contradictions in their statements regarding jurisdiction and constructive custody. The hosts also discuss the embattled nomination of Ed Martin as U.S. Attorney for the District of Columbia, focusing on the controversies surrounding his past actions and statements. Finally, the episode touches upon the mass resignation of Department of Justice civil rights attorneys and the reshaping of the Civil Rights Division under Harmeet Dhillon. What this means for the future of legal challenges against the Trump administration and the integrity of the Department of Justice remains to be seen.