Jonathan Turley, a law professor at George Washington University, said Thursday that President Donald Trump has “discretion” to fight courts that could challenge terrorist accusations against Tren de Agua (TDA) gang members.
Federal prosecutors launched terrorist charges on Thursday against Jose Enrique Martinez Flores, the allegedly high-ranking TDA leader who marked the first time the Trump administration had when it indicted gang members on terrorism accusations. Tarly said Trump has the power to define “what constitutes terrorism.”
“Some courts say, “Look, this may look like a drug dealing with me, something you’re cited, but the president is allowed a considerable amount of discretion in defining what constitutes terrorism,” Tarley said. (Related: The Supreme Court is becoming increasingly irritated by “half=baked” and challenges Trump’s deportation, Tarley says.
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Thurley said some courts may have said gang members should be charged with drug trafficking, but the president is permitted to extend the definition of terrorism to remove these individuals from the United States.
“Some courts say, “Look, this may look like a drug dealing with me, something you’re cited, but the president is allowed a considerable amount of discretion in defining what constitutes terrorism,” Tarley said.
Trump designated Tren de Agua and MS-13 as terrorist groups in his January 20 executive order. Following the removal of MS-13 member Kilmar Abrego Garcia from the US, the Trump administration has argued that his “withholding order” from 2019 is invalid due to terrorism designation.
“President Trump has declared that TDA (MS-13) is also a terrorist organization that gives legally enhanced capabilities in many different ways, including its ability to eliminate people abroad without normal delay,” Tarley continued. “That was [Kilmar Abrego] One of the administration’s arguments, Garcia was only in the country after Garcia lost the hearing. The Court of Appeals held what was called a withholding order, meaning that he would not be removed even if it was removable. ”
“What the administration said was that after MS-13 declared it to be a terrorist organization, he no longer qualified for that type of order. That’s an example of how switching to terrorist designation could change the dynamics in these cases,” he continued.
The Department of Justice (DOJ) is charging International drug distribution including Flores, which provides material support to designated foreign terrorist organizations, and cocaine intended to be distributed in the United States. He faces the biggest prison fine and $10 million fine.
“TDA is not a street gang. It is a highly structured terrorist organization that has roots in our country during its previous administration,” Attorney General Pam Bondy said. “Today’s charges represent an inflection point in the way this Department of Justice prosecutes and ultimately dismantles this evil organisation.
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