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Judge weighs 1960s British invasion amid Trump’s deportation crackdown

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Judge weighs 1960s British invasion amid Trump’s deportation crackdown

A federal judge hearing arguments Thursday over President Donald Trump’s use of an 18th-century wartime law to deport Venezuelan gang members had a question: Could a president use the same law against a “British invasion” that was corrupting young minds?

Jennifer Walker Elrod, chief judge of the 5th U.S. Circuit Court of Appeals in New Orleans, said her query — a reference to the moral panic in the 1960s over the arrival of the Beatles and other British bands — was “fanciful,” but a government attorney responded that the president did have that power and courts could not stop him.

“These sort of questions of foreign affairs and the security of the nation are specifically political issues,” said Drew Ensign, an assistant attorney general who was arguing the administration’s case before the full 5th Circuit Court of Appeals.

Ensign said it would be up to Congress to check the president in that scenario.

The unexpected and cheeky exchange came in the administration’s appeal of a ruling by a three-judge panel of the 5th Circuit, one of the most conservative courts in the country, that found Trump inappropriately used the Alien Enemies Act of 1798 when he targeted the Venezuelan gang Tren de Aragua last year.

The act has only been invoked three other times in American history, during the War of 1812 and both world wars. A majority of the three-judge panel agreed in last year’s ruling with multiple lower court judges and immigration lawyers who brought the case that it cannot be deployed against a gang rather than a belligerent foreign power.

The administration appealed to the full 5th Circuit, and all 17 judges on the court were present for the arguments in New Orleans on Thursday.

“Tren de Aragua is committing ordinary crimes that are being dealt with by law enforcement,” Lee Gelernt, an attorney for the ACLU, told the judges. “The Alien Enemies Act is about wartime and it’s about the military.”

Several of the judges were concerned about second-guessing the president’s determination of a threat to the country. Ensign noted the law allows it to be invoked in attempts of “invasion” or “predatory incursion” and argued that courts should accept a president’s declaration that that is happening.

“A predatory incursion is less than an invasion,” Ensign said, arguing that cases involving other laws have determined it happens when foreign fishing boats enter U.S. waters. He also noted that Trump alleged the gang was acting at the behest of recently ousted Venezuelan President Nicolas Maduro’s government — an assertion that has been challenged by some law enforcement analysts.

It’s unclear when the circuit will issue its ruling, and the final decision on the constitutionality of Trump’s action will likely be made by the U.S. Supreme Court.

The nation’s highest court has already had to wade into the tangled legal saga of Trump’s invocation of the act twice before. His administration used the act to fly 252 Venezuelans from the United States to a notorious prison in El Salvadorwhere it contended that U.S. judges had no authority. The Supreme Court ruled that anyone else the administration tried to remove under the act needed a “reasonable” opportunity to challenge their designation as a gang member in court.

The following month, as the administration hurried to prepare another flight from Texas, the high court issued an unusual midnight ruling halting flights. It also barred removals under the act until the 5th Circuit could sort out the proper procedures. The high court never weighed in on the constitutionality of Trump’s use of the act, giving the 5th Circuit first crack at that question as well.

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The Dictatorship

The Latest: US and Israel attack Iran as Trump says US begins ‘major combat operations’

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The Latest: US and Israel attack Iran as Trump says US begins ‘major combat operations’

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‘It’s fantastic’: Trump tells MS NOW he’s seen celebrations after Iran strikes

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President Donald Trump called the celebrations in the streets of Iran “fantastic” following the killing of the country’s supreme leaderAyatollah Ali Khamenei, during a brief phone call with MS NOW on Saturday night.

Trump told MS NOW that he’s seen the celebrations in Iran and in parts of America, after joint U.S.-Israel airstrikes killed Khamenei.

“I think it’s fantastic,” the president said of the celebrations. “I’ve seen them in Los Angeles, also — celebrations.”

“I’ve seen them in Los Angeles, celebrations, celebrations,” Trump said, accentuating the point.

The interview took place roughly 11 hours before the Pentagon announced the first U.S.military casualties of the war. U.S. Central Command said three American service members were killed in action, and five others had been seriously wounded.

Revelry broke out in Iran, the United States and across the globe on Saturday, with Iranians cheering the death of Khamenei, who led Iran with an iron fist for more than 30 years, cracking down on dissent at home and maintaining a hostile posture with the U.S. and Israel.

Asked how he was feeling after the strike on Khamenei, whose death was confirmed just a few hours earlier, Trump said it was a positive development for the United States.

“I think it was a great thing for our country,” he said.

The call — which lasted less than a minute — came after a marathon day, which began in the wee hours of the morning with strikes on Iran and continued with retaliatory ballistic missiles from Tehran targeting Israel and countries in the Middle East region that host U.S. military bases.

The day ended with few answers from the White House to increasing questions about the long-term future of Iran, how long the U.S. will continue operations there, and the metastasizing ramifications it could have on the world stage. In fact, the president has done little to convince the public to back his Iran operation, nor to explain why the country is at war without the authorization of Congress.

On perhaps the most consequential day of his second term, Trump did not give a formal address to the public, nor did he hold a press conference. Instead, he stayed out of public view at Mar-a-Lago, his private club and residence in Palm Beach, Florida, where he attended a $1 million-per-plate fundraising dinner on Saturday evening.

But throughout the day, Trump took calls from reporters at various new outlets, including from MS NOW at around 11 p.m. ET.

The strikes, known formally as “Operation Epic Fury,” came after months of talks over Iran’s nuclear program, and warnings from Trump that he would strike Tehran if they did not agree to his often shifting conditions.

At 2:30 a.m. ET on Saturday, Trump posted a video to social media announcing the operation, which he said was designed to “defend the American people by eliminating imminent threats from the Iranian regime, a vicious group of very hard, terrible people.”

“The lives of courageous American heroes may be lost and we may have casualties. That often happens in war,” Trump said when he announced the strikes on Iran.

Mychael Schnell is a reporter for MS NOW.

Laura Barrón-López covers the White House for MS NOW.

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Pentagon announces first American casualties in Iran

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Pentagon announces first American casualties in Iran

Three U.S. service members were killed and five seriously wounded as the United States and Israel launched attacks on Iran, U.S. Central Command said Sunday morning.

The three service members — the first Americans to die in the conflict — were killed in Kuwait, a U.S. official said.

Several others sustained minor injuries from shrapnel and concussions but will return to duty, the Pentagon said. The identities of the dead and wounded have not been made public.

“The situation is fluid, so out of respect for the families, we will withhold additional information, including the identities of our fallen warriors, until 24 hours after next of kin have been notified,” Central Command said in a statement.

The U.S. and Israel launched sweeping airstrikes on Iranon Saturday, killing Ayatollah Ali Khameneithe country’s supreme leader for nearly four decades. Iran has vowed retaliation and hit several U.S. military bases across the region.

According to U.S. Central Command, Iran has also attacked more than a dozen locations, including airports in Dubai, Kuwait and Iraq, and residential neighborhoods in Israel, Bahrain and Qatar.

Israel Defence Forces said Sunday that Iran fired missiles toward the neighborhood of Beit Shemesh, killing civilians. The missile hit a synagogue, killing at least nine people, according to the Associated Press.

AP reported that authorities said at least 22 people were killed and 120 others wounded when demonstrators tried to attack the U.S. Consulate in Karachi in Pakistan.

The violence came after the United States and Israel attacked Irankilling its Supreme Leader Ayatollah Ali Khamenei. Police and officials at a hospital in Karachi said that at least 50 people were also wounded in the clashes and some of them were in critical condition.

On Sunday, Israel Defence Forces said on X, “It’s official: All senior terrorist leaders of Iran’s Axis of Terror have been eliminated.”

President Donald Trump told CNBC’s Joe Kernen on Sunday that the operation in Iran is “moving along very well, very well — ahead of schedule.”

In a phone call with MS NOW late Saturday, Trump called the celebrations in the streets of Iran “fantastic” following the killing of Khamenei.

Confirming Khamenei’s death, Prime Minister Benjamin Netanyahu said Sunday: “We have eliminated the tyrant Khamenei and dozens of senior figures of the oppressive regime. Our forces are now striking at the heart of Tehran with increasing intensity, set to escalate further in the coming days.”

The exchange of hostilities comes after weeks of fragile negotiations between the U.S. and Iran over Iran’s nuclear operations.

Esmail Baghaei, a spokesperson for Iran’s foreign ministry, called the joint U.S-Israeli attack an “unprovoked, unwarranted act of aggression” in an interview with MS NOW’s Ali Velshi on Sunday. He said Iran’s nuclear program has been used a pretext for the attack.

“We have every right to defend our people because we have come under this egregious act of aggression,” Baghaei said.

Trump announced the attack early Saturday during a short video posted on his Truth Social account. He called for an end to the Iranian regime and urged Iranians to “take back the country.”

Negotiators and mediators from Oman were supposed to meet in Vienna on Monday to discuss the technical aspect of a potential nuclear deal.

Rep. Eric Swawell, D-Calif., told MS NOW’s Alex Witt on Sunday afternoon that the president’s military operation in Iran was illegal, echoing what many lawmakers have said in citing that under the U.S. Constitution only Congress can declare war.

“This is a values argument. We don’t just lob missiles into other countries when we are not provoked, attacked and have no plan for what comes next,” he said.

“We have been shown zero evidence that anything changed in Iran from last year when the president did not come to Congress and took a strike on Iran,” Swalwell said.

In June the U.S. struck three Iranian nuclear sites. Trump said the facilities had been “completely and totally obliterated.” But experts and U.S. officials said the sites were damaged but not destroyed.

Erum Salam is breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian and is a graduate of Texas A&M University and the Columbia University Graduate School of Journalism. Follow her on X, Bluesky and Instagram.

Akayla Gardner is a White House correspondent for MS NOW.

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