Some Items of Dog Shirt Business
A question, a cause, and a beast
Good Evening:
Recently, I’ve been experimenting with posting #DogShirtTV episodes on Substack rather than just on YouTube. I’m sure you’ve all noticed, since it’s meant you’ve gotten two posts per day rather than one. I still fold the episode into each evening’s dog shirt, but this system allows some people who want to get the show earlier in the day to do so.
It also annoys some people, one of whom wrote in the comments recently that I shouldn’t bother with an additional email each day for material that’s going to be in the evening’s dog shirt anyway.
Now, since this is a revolution in morning television, I figure I should ask the consumer base what ya’ll prefers. So here goes: Should I continue to post the show separately (meaning you get two posts per day and some duplication) or should I consolidate everything in one post (meaning you get one post her day, no duplication, but you get the show later)?
Speaking of #DogShirtTV, today on the show, Klio returned. She’s back, and folks, she is whining, yelling, banging on doors. And the puppy is biting people, to wit, me.
Also, the estimable Joel Woodward joined me from the Collegium to tell us about the political climate in Wisconsin and discuss the Trump era as a new Gilded Age, complete with monopolies and robber barons:
Okay, here’s a request, folks.
Today, a Great American who prefers to remain nameless pledged to match $15,000 in contributions to Lawfare. I need you all—every single one of you—to help separate this person from this money.
We spend a lot of time on this site raising money for good causes. This is one, for obvious reasons, I care about a great deal.
You can help out here:
Today On Lawfare
Compiled by the estimable Caroline Cornett
Abrego Garcia and MS-13: What Do We Know?
Roger Parloff investigates the government’s contention that Kilmar Abrego Garcia is a member of MS-13, noting questionable elements of the case such as double hearsay and contradicting documents. Parloff also shares information about Abrego Garcia’s family history and the legal status prohibiting his removal to El Salvador:
The allegation appears to stem from two documents that were introduced before Judge Kessler: a federal I-213 form (Record of Deportable/Inadmissible Alien), filled out by ICE, and a form generated by the Prince George’s Police Department, called a Gang Field Interview Sheet (GFIS). The latter had been entered into the Prince George’s Police Department database at 6:47 p.m. on March 28, 2019—about four hours after police met Abrego Garcia for the first time—according to Abrego Garcia’s recent complaint.
Habeas and the Alien Enemies Act: Challenges and Opportunities
Jonathan Hafetz explains why the Supreme Court’s ruling that Alien Enemies Act detainees must challenge via habeas increases the risk of unlawful deportations and the abuse of executive power. Hafetz highlights the limits of notice and due process, rejection of class-wide relief, and failure to provide remedies for unlawful transfers:
While habeas has long been a vital backstop for challenging the executive removal of individuals under immigration law, it has never been the sole or exclusive remedy to challenge deportations, at least unless Congress has sought to eliminate other avenues of review (which it has not done here). To the contrary, as Lee Kovarsky has explained, a long line of Supreme Court cases hold that removal orders can be challenged under the Administrative Procedure Act, notwithstanding the availability of habeas. And it would mark a profound misunderstanding—and betrayal—of the “Great Writ’s” legacy were it dangled cynically as a safeguard while excluding other effective remedies and to facilitate lawless executive action.
Will Netanyahu Succeed in Dismissing the Head of the Shin Bet?
Amichai Cohen and Yuval Shany evaluate the ramifications of Israeli Prime Minister Benjamin Netanyahu’s attempted removal of Shin Bet head Ronen Bar, suggesting that it could spark a constitutional crisis. Shany and Cohen discuss legal and political concerns in the court proceedings contesting the removal, including the Shin Bet’s current investigation into Netanyahu’s inner circle and whether the government complied with the substantive and procedural requirements of Israeli administrative law:
Furthermore, the petitioners also claim that the government’s decision was based on impermissible considerations. Specifically, the prime minister emphasized in his aforementioned public statements his lack of personal trust in the head of the Shin Bet. Yet the position of head of the Shin Bet is not a “position of trust” that the prime minister may appoint and dismiss at will. Rather, the position has some characteristics of a legal “gatekeeper,” who has the legal authority to refuse to use the agency’s extensive legal powers to carry out improper requests made by the political echelon. The legal authority to refuse improper requests puts the head of the Shin Bet, inevitably, on a potential collision course with the prime minister, and the exercise by the head of the Shin Bet of said legal authority cannot serve as a basis for removal, lest his or her independence be compromised.
Podcasts
On Lawfare Daily, Kevin Frazier sits down with Daniel Kokotajlo and Eli Lifland to discuss a report co-authored by Kokotajlo that concludes that superhuman artificial intelligence (AI) will develop within the next decade:
Videos
Today, April 15, Anna Bower and Parloff joined me to discuss the case of Abrego Garcia following a 4 p.m. hearing on whether the Trump administration is complying with the Supreme Court's ruling that the administration facilitate his release from an El Salvador prison:
Today’s #BeastOfTheDay is an octopus in need of a new hat:
In honor of today’s Beast, remember that unhoused people are also part of our community. No one deserves to live in a plastic cup.
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