The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, March 28
10 snips
Mar 31, 2025 
David Cole, former ACLU National Legal Director and constitutional law expert, dives into the complex legal landscape shaped by Trump’s executive actions. He discusses the implications of the Alien Enemies Act and how it affects deportations, especially concerning individuals like Mahmoud Khalil. The conversation touches on First Amendment rights during national emergencies and the chilling effects on universities and law firms. Cole also unpacks issues around birthright citizenship and the ongoing challenges in immigration law—shedding light on the intersection of legality, civil liberties, and national security.
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Trump's Emergency Actions
- Trump's actions, like invoking the Alien Enemies Act, mirror past responses to real emergencies.
- However, the current context lacks a genuine emergency, making legal challenges potentially stronger.
JGG Case Update
- The D.C. Circuit Court denied the government's stay, keeping the TRO against the Alien Enemies Act in effect.
- The legal debate revolves around jurisdiction and the act's applicability to the Trend de Aragua group.
The LA 8 Case
- David Cole recounts the LA 8 case, where Palestinians faced deportation for pro-Palestinian views.
- The case spanned decades and multiple administrations, highlighting the government's persistent efforts.