FBI Director Kash Patel seems to be interpreting the Fifth Amendment to the Constitution how he sees fit, contradicting legal precedent. 

At a Senate hearing Thursday, Patel was asked by Senator Jeff Merkley if people deported under the Alien Enemies Act of 1798 had the constitutional right to due process, which the Trump administration claims is not the case. 

“Are you gonna launch an investigation of the reported violation of the due process of several hundred individuals?” Merkley asked Patel. The FBI director’s answer was not comforting, as he began by saying, “It’s not for me to call the balls and strikes on it.”  

“Your position is that every one of those individuals is by constitutional right afforded due process. I don’t know the answer to that,” Patel replied, before questioning whether immigrants sent to El Salvador were afforded due process. 

“You haven’t read the Constitution? It says ‘all persons,’” Merkley said, adding that “it concerns me you’re not familiar with the core concept of due process applying to all persons.”  

Patel was evasive on whether he would enforce the law against other agencies found to be violating the Fifth Amendment to the Constitution, claiming that no government agencies were doing so and the Supreme Court had not ruled to that effect. 

MERKLEY: Are you gonna launch an investigation of the reported violation of the due process of several hundred individuals?

PATEL: It is not for me to call the balls and strikes on it

MERKLEY: You haven't read the Constitution? It says 'all persons' ... it concerns me you're… pic.twitter.com/T70s28Yn6b

Patel’s stance shows that the Trump administration is interpreting the law, and even federal court rulings that are supposed to be binding, to serve its own mass deportation agenda. Already, the administration continues to defy a Supreme Court ruling urging the return of Maryland resident Kilmar Abrego Garcia from El Salvador, where he was mistakenly deported in March. 

As a Trump appointee with very little law enforcement experience, it’s not surprising that Patel is pushing legal limits, and probably crossing them, to defend Trump expelling as many people from the United States as possible. It’s funny that Patel sees this as his job as head of the FBI, even as he isn’t living up to many of his other responsibilities.

Chief Justice John Roberts offered a gentle rebuke of Donald Trump’s escalating attacks on the judiciary. 

During a fireside chat Wednesday night marking the twenty-fifth anniversary of the U.S. District Court for the Western District of New York in Buffalo, Roberts emphasized the importance of judicial independence. 

“In our Constitution, judges and the judiciary is a coequal branch of government separate from the others with the authority to interpret the constitution as law, and strike down, obviously, acts of Congress or acts of the president,” Roberts said. “And that innovation doesn’t work if the judiciary is not independent.

“Its job is to, obviously, decide cases, but in the course of that, check the excesses of Congress or of the executive, and that does require a degree of independence,” he said.

The chief justice’s impartial recounting of the nation’s founding document flies in the face of the Trump administration’s efforts to sidestep the checks and balances provided by the judiciary. 

Roberts also doubled down on his rare public criticism of Trump, after the president called to impeach a federal judge who ruled against his illegal deportations under the Alien Enemies Act. 

“Well, I’ve already spoken to that, and impeachment is not how you register disagreement with decisions,” Roberts said. 

But Roberts’s mild criticism may not be enough, as the administration has escalated into making direct threats. When announcing his inane plan to reopen Alcatraz Sunday, Trump listed “judges that are afraid to do their job and allow us to remove criminals” alongside the “criminals” and “thugs” he hoped to imprison there. 

Josh Gerstein, a senior legal affairs reporter at Politico, suggested that there may be a method to Roberts’s missing madness. 

“Subdued Roberts seemed to be keeping his powder dry since many of the big fights, like law firms, deportations, contempt, are making their way to the court or already there,” Gerstein wrote on X Thursday.  “A reasonable strategy, but that’s not some rousing defense of the judiciary or separation of powers.”

Gerstein noted that Roberts’s “‘judicial independence’ stuff” was “thinner” than his 2024 Year End report on the federal judiciary, which had compared political bias to doxxing and disinformation as some of the “illegitimate activity” that threatens independent judges. At the time, his comments seemed to echo Trump’s complaints about critics who went after judges that ruled in his favor. Now the Trump administration has taken to attacking so-called “activist” judges who rule against him. 

Roberts’s refute is comparatively limp when held beside Justice Ketanji Brown Jackson’s recent indictment of the right-wing campaign of threats being used to intimidate judges.

“The threats and harassment are attacks on our democracy, on our system of government. And they ultimately risk undermining our Constitution and the rule of law,” Jackson said last week.

Trump had a press conference Thursday to explain to everyone that the beautiful, spectacular trade deal that he’s made with Britain is actually unfinished.

“The final details are being written up in the coming weeks; we’ll have it all very conclusive, but the actual deal is a conclusive one,” Trump said to reporters with British Prime Minister Keir Starmer on the other line. “We think just about everything has been approved, so good for both countries.”

While details remain extremely unclear, this “deal” is said to include greater market access and mutually lowered tariffs.

Trump taking a victory lap for an unfinished, undefined deal immediately raised eyebrows.

“Why Britain? And why now? … You’ve described this deal as a full and comprehensive deal, and yet … clearly, there’s much more work left to do,” said James Matthews of Sky News. “With respect,........

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