Andrew Klavan of the Daily Wire made the point, when he replayed a portion of a Chuck Schumer Senate chamber speech, that it sounds like the minority leader wants Trump to become king and just make and rescind laws with the stroke of his pen.
Sen. Schumer on family separation policy:
“With the simple flick of the pen, a simple flick of the pen the president can end this policy. If the president wants to borrow my pen, he can have it. But he can do it quickly and easily if he wants to, it’s on his back.” pic.twitter.com/tqKRVOmXsr
— NBC News (@NBCNews) June 20, 2018
But I think it was a set-up and Schumer was daring the president to sign an executive order (EO) making it possible to reunite illegal-alien children with their parents while incarcerated.
Well, President Trump may not have gone as far as Schumer wished, but he did sign the EO to reunite families in incarceration.
But now that the family unification issue is solved, due to the demands of the left and reactionaries on the right, it creates a new problem – a problem the left is well aware of and I’m sure are quite pleased with.
The executive order contravenes the 1997 federal court decision Flores v Reno. The decision found that the feds cannot “keep parents and children in immigration detention together, but rather to place children with a close relative or family friend ‘without unnecessary delay,’ rather than keeping them in custody; and to keep immigrant children who are in custody in the ‘least restrictive conditions’ possible,” writes Vox.
So I’m going go out on a limb and attempt to predict future events. Dangerous and ill-advised I know, but what the heck.
Regardless of how fancy his pen is, Trump cannot negate, even temporarily, a court decision. That remains up to the legislature. Schumer surely knows this, as do the leftists who are coordinating this attack on the president, and may I add, the nation, which is why he and Pelosi will never allow for a legislative fix to pass.
However, they are more than happy to allow Trump’s EO to remain in place while leftist attorneys at the ACLU and others shop for a judge who will rule that the order is unconstitutional. Meanwhile the new optic is of entire families jailed together. We will receive a constant and heavy dose of the similarities of Nazi and Japanese concentration camps. There will be a conga line of leftist reporters bemoaning the fate of innocent immigrant families.
They will then find a judge who will rule that Trump had no authority to rescind the Flores court decision. But it won’t end there. Then the judge, or another, will further rule that the incarceration of the children and their parents violates the Fourth and 14th Amendments. He or she will cite the Fourth because, as Mark Levin reminds us, the Amendment states, “the right of the people to be secure in their persons …,” not the right of citizens of the United States. And the 14th because it states that, “no State shall deprive any person of life, liberty or property …” Again, not any “citizen.”
It doesn’t matter if these amendments apply or not – they do not, but radical judges cherry-pick all the time.
The judge will then conclude that the only option is to order the immediate release of all incarcerated family units. Just let them all go.
Whether my predictions are right or not, this is going to get uglier still, as the left becomes more emboldened. They smell blood in the water, as they perceive Trump as blinking first by virtue of his exectutive order.