Let's flip this for a second. American citizen is arrested and being held in a foreign country, say Russia or North Korea. Could an Article III judge order a President to go get that AmCit by whatever means necessary? Ordering a specific prisoner swap, for instance?Ag with kids said:It's because if they do that, they cede Article II powers to these judges. Powers that are not available to these judges. These things set precedents.AtticusMatlock said:
The behavior of the executive branch here is just absurd to me. It's counterproductive. A judge had ruled he could not go back to El Salvador. They mistakenly sent him back to El Salvador. Why could they have not just quickly brought him back, put him before another immigration judge in an expedited hearing and have them reverse the protective order? Keep him in custody here then get him out.
It does seem to me the reason they don't want him to come back is because they don't want him giving interviews about the conditions at that prison. Maybe he really has already been killed. Who knows.
The executive branch is rightly protecting its powers from judicial overreach.
Of course not. That's a foreign policy issue. Nor could an American Article III court order a foreign country to attend and negotiate in good faith.
