Can the Alien Enemies Act be used against Venezuelans now?

OA1195 - How much of the federal government has actually shut down, and why? We explore the truth behind the spin, and Matt breaks the exclusive story of how at least one part of the executive branch appears to be illegally operating at full capacity.

We then then connect some of the most fast-moving stories of the past few weeks to bring out the terrifying relationship between the obvious legal issues around the Trump administration’s threats to invade Venezuela, underreported executive actions on “Antifa” and “domestic terrorism” and their broad potential consequences, and the Trump’s recent threat to use US cities as “training grounds” for US troops.

Then: good news! Jenessa shares a win on voting rights out of Pennsylvania, and Matt celebrates a resounding victory for the free speech rights of non-citizen students like Rumeysa Ozturk and Mahmoud Khalil from a Reagan-appointed federal judge. Finally, today’s footnote confirms that the Wu Tang Clan is as a matter of law indeed nothing to fuck with.

1. “Stephen Miller takes leading role in strikes on alleged Venezuelan drug boats,” The Guardian (9/29/2025)

2. “Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists” – The White House  (1/20/2025)

3. “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” – The White House (3/15/2025)

4. “Designating Antifa as a Domestic Terrorist Organization” – The White House (9/22/2025)

5. “Countering Domestic Terrorism and Organized Political Violence,” The White House (9/25/2025)

6. Boston senior federal judge William Young’s order in AAUP v. Rubio (9/30/2025)

7. Memorandum & Order Granting and denying parts of Martin Shkreli’s motion to dismiss in  PleasrDAO v. Shkreli (9/25/2025):