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The Counsel

Note from Asha 3/19: Why the Alien Enemies Act Is So Dangerous in Trump's Hands

The Counsel

Some Spider, Inc.

Politics, News

4.6848 Ratings

🗓️ 19 March 2025

⏱️ 11 minutes

🧾️ Download transcript

Summary

Asha Rangappa is a Senior Lecturer at Yale University's Jackson Institute for Global Affairs. Before that, she served as a  Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. She is also a legal and national security analyst at CNN and an editor of Just Security.  For a transcript of Asha’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Meet Clavio, the only CRM built for B2C.

0:03.0

Join 167,000 companies like Paul Smith, Castor, Mixediles,

0:07.3

who choose Clavio for better custom relationships and faster growth.

0:11.0

Grow with Clavio B2C CRM at KLAVII.com forward slash UK.

0:17.4

Hey folks, Asha here.

0:20.2

Here's a recording of my latest Cafe note,

0:22.6

Why the Alien Enemies Act is so dangerous in Trump's hands.

0:27.6

As always, please write to us with your thoughts and questions at letters atcafe.com.

0:33.6

Dear Lister, on Saturday, President Trump issued an executive order invoking the Alien Enemies Act of 1798

0:45.7

to remove, he claims, members of the Venezuelan gang Thren de Aragua, TDA, from the U.S. In so doing, Trump is trying to use the post-9-11

0:58.1

terrorism playbook for immigration. As a policy issue and as a national security threat,

1:04.9

illegal immigration is very different, factually and legally, from terrorism, which would

1:10.1

ordinarily set this EO up to be just another

1:12.9

of Trump's policies that will fail in the courts.

1:15.9

The problem is, under the executive authority the Trump administration purports to claim,

1:21.5

Trump may try to ignore or sidestep the courts altogether, giving him immense wartime

1:27.3

authority in peacetime without any judicial

1:30.5

check.

1:31.8

So a quick primer.

1:33.5

The Alien Enemies Act of 1798 is a law that was passed during the quasi-war with France

1:39.4

that states the following.

1:41.2

Quote, whenever there shall be a declared war between the United States and any

...

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