Fmr. Federal Prosecutor on Alien Enemies Act: ‘Obviously, We’re Not at War & We’re Certainly Not at War with Venezuela’

EXCERPT:

BERGER: “There's real legal questions here about whether this has risen to any of those circumstances. Obviously, we're not at war. We're certainly not at war with Venezuela. President Trump has tried to cabin this into a situation saying that these migrants are invading our country. And so because it's an invasion, he has this power. This is sort of the ultimate legal question that this judge, Judge Boasberg, is having to rule on. We're now sort of having two different legal paths here. One is this ultimate question of does this law apply and does the president have this authority? And then the separate legal question, as we've been talking about, is has the administration violated Judge Boasberg's court orders? And those are sort of on separate tracks here.”