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Stay Tuned with Preet

SCOTUS Hands Trump Deportation Win (with Barb McQuade & Ben Wittes)

Stay Tuned with Preet

Vox Media Podcast Network

Society & Culture, Politics, Government, News

4.8 • 32.3K Ratings

🗓️ 9 April 2025

⏱️ 23 minutes

🧾️ Download transcript

Summary

What’s the correct legal path—and the proper venue—for someone facing deportation to challenge their removal in court?  On this week’s Insider episode, Joyce Vance is joined by former U.S. Attorney for the Eastern District of Michigan Barb McQuade and Lawfare editor-in-chief Ben Wittes, while Preet is out. In an excerpt from the show, they break down the Supreme Court order vacating a lower court decision that froze the Trump administration’s invocation of the Alien Enemies Act to deport alleged Venezuelan gang members to El Salvador.   In the full episode, Joyce, Barb, and Ben discuss:  – The legal arguments that might support President Donald Trump’s claim that he could serve a third term as president; and – Other legal challenges stemming from the Trump administration’s deportations, including one case where officials admit they erroneously deported a Maryland man. CAFE Insiders click HERE to listen to the full analysis. To become a member of CAFE Insider head to cafe.com/insider. You’ll get access to full episodes of the podcast and other exclusive content. Subscribe to our YouTube channel. This podcast is brought to you by CAFE and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey folks, Joyce Vance here.

0:04.2

Creed is out this week, so on today's episode of Insider, I'm joined by two very special guests.

0:10.0

Barb McQuaid, my friend and the former U.S. Attorney for the Eastern District of Michigan,

0:14.2

and another friend, Ben Wittes, the editor-in-chief of Lawfare.

0:17.7

First, we break down President Trump's eyebrow raising claim that he could legally

0:21.5

serve a third term. Is there any basis for that? Then we discuss the Supreme Court's decisions

0:27.2

in the cases challenging the Trump administration's deportation of alleged Venezuelan gang members

0:33.0

to El Salvador. If you're a member of Cafe Insider, head to the insider feed or click the link in the show notes of this podcast to hear the full analysis.

0:42.6

Stay tuned, listeners. Stick around for an excerpt from our conversation. To hear the full discussion,

0:48.8

become a member by heading to cafe.com slash insider. And now, on to the show.

0:58.5

Music to cafe.com slash insider. And now, onto the show. Moving on to the kind of issues that are in front of us right now that demand our attention

1:03.9

in this moment. In my view, what's really predominating are the two El Salvador deportation cases. You know, we've got the two

1:13.2

separate situations. The first involves Trump's secret invocation of the Alien Enemies Act,

1:18.5

and then the two plane loads of people that were flown to El Salvador the following day with no due

1:23.6

process, people who were deportable, which I don't think is the same thing as meaning they can

1:28.3

be flown to a third country and incarcerated with no rights for as long as that country decides

1:33.3

to hold on to them. But that's where we are. That's the first of the two cases, the Alien

1:38.3

Enemies Act case. And five of those men sued. At the district court level, Judge James

1:44.1

Bosberg was in the process of determining whether the government was in contempt of his temporary restraining order, which ordered the government to freeze the status quo in place and stop any deportations that were in progress, not engage in further ones. He was preparing for a preliminary injunction hearing today Tuesday.

2:03.9

And then last night, the Supreme Court stepped in. Barb, why don't you explain to me what they did?

2:09.7

So the Supreme Court ruled a very limited ruling. It vacated the temporary restraining order.

2:16.5

What they said was that essentially you used the

...

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