I am responding with profound disgust at the improper and misleading 60-second radio ads being broadcast by Secretary of Homeland Security Noem, thanks to us, the taxpayers, who are paying for this garbage.
Noem states, “An illegal alien from Guatemala, charged with raping a child in Massachusetts. An MS13 gang member from El Salvador, accused of murdering a Texas man. A Venezuelan, charged with filming and selling child pornography in Michigan. These are just some of the heinous migrant criminals caught because of President Donald J. Trump’s leadership. I’m Christine Noem, the United States Secretary of Homeland Security …”
To be clear, local law enforcement agencies investigate, and local prosecutors bring charges for alleged criminal acts. The last time I recall Trump being in a courtroom was when he was convicted of 34 felony counts for fraud.
Law enforcement and the prosecution are the heroes of these stories, not the person who spends significant hours dismantling our international alliances, destabilizing the world economy, insulting his critics, and golfing.
The information and investigations that led to these arrests were compiled and assessed long before Trump took office. The claim, “migrant criminals caught because of President Donald J. Trump’s leadership …” is a flat-out lie.
Noem is bragging that simply an ALLEGATION of crime, without a conviction or a determination of the facts, is enough grounds to defame these persons as “criminals” and implies they are ready for deportation. This view would allow me, for example, to file a false complaint on any neighbor who was born elsewhere, and if charged, even without a trial, my false claims could facilitate their deportation without a finding of fact or court evaluation.
Our democracy is built upon the guaranteed rights and the mechanisms of process as presented by our Constitution. It is the duty of our court system to determine not only facts, but also to ensure these mechanisms are followed. It is the duty of the executive branch to adhere to judicial rulings and interpretations.
One constitutional principle is explicitly clarified by the Fifth Amendment.
“No person shall … be deprived of life, liberty, or property, without due process of law …”
This amendment states that each person in this country, whether a visitor, immigrant by unlawful entry, green card holder, naturalized citizen, or birthright citizen, are ALL to be treated with the same respect for due process and the determination of fact before the courts.
But not under Trump. The radio spot thanks Trump for going after those who have thus far not been convicted of anything.
In a recent televised interview on MSNBC with Christy Welker, President Trump was asked, “Don’t you need to uphold the Constitution of the United States as president?”
The president, who swore at both of his inaugurations to solemnly protect and defend the Constitution, stated, “I have to respond by saying, again, I have brilliant lawyers that work for me and they are going to obviously follow what the Supreme Court said.”
What does the Supreme Court have to do with following the plain language in our Constitution? And does Trump actually follow what the Supreme Court has said?
When lawyers Trump picks to advise him explain that one can ignore the law or the court, Trump indicates he can dismiss what the Constitution and the courts clearly state.
The government admits Kilmar Abrego Garcia, a native of El Salvador who was issued a green card by the first Trump Administration, was deported to El Salvador by mistake.
The court under the first Trump regime also determined that Garcia should not, for any reason, ever be removed to El Salvador for his own safety.
A federal district court judge ordered the government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 p.m. on Monday, April 7.”
This ruling was ignored because Trump decided, without any facts, that “Garcia is an MS13 gang member.” Trump would have you believe that any unproven allegations based on hearsay, not fact, are grounds to ignore the Fifth Amendment.
The Supreme Court ruled 9 to 0 that the Trump administration “effectuate the immediate return of Garcia.”
Yet, the Trump administration is ignoring the Supreme Court, the rule of law, and due process.
As feared, ignoring the courts announces that the Trump dictatorship is alive and well. Whatever Trump believes is now “fact.” Whatever laws protect us from arbitrary prosecution and the violation of our rights are now gone … because Trump says so.
Jonathan Kraut directs a private investigations agency, is the CEO of a private security firm, is the CFO of an accredited acting conservatory, former college professor and dean, is a published author, and a Democratic Party activist. His column reflects his own views and not necessarily those of The Signal or of other organizations.
