During a press briefing, Leavitt was asked to explain Trump’s disturbingly enthusiastic response to Salvadoran President Nayib Bukele’s wildly illegal proposition for the U.S. government to relocate individuals incarcerated in the federal prison system, including American citizens, to the Central American country.
“So, the president has discussed this idea quite a few times publicly, he’s also discussed it privately,” she said, making sure to say that Trump had only discussed “potentially” deporting U.S. citizens.
“The president has said if it’s legal, if there’s a legal pathway to do that, he’s not sure, we are not sure if there is, it’s an idea that he has simply floated and has discussed uh, very publicly, in the effort of transparency,” Leavitt said.
Leavitt also took the opportunity to present her own alternative interpretation of the Supreme Court ruling Monday on removals under the AEA.
The justices said that detainees were entitled to receive notice of their removal within a reasonable time frame, and must be provided with an opportunity to challenge their removal. But when a reporter asked about it, Leavitt rejected the ruling.
The ruling said that detainees could be provided the opportunity to file habeas petitions in the U.S. Court of Appeals for the Fifth Circuit, a MAGA-aligned court in Texas where the deportation flights are staged. The petitions will likely have to be individually filed, rather than via class action, which could lead to a torrent of litigation for far-right judges to smack down.
“To the extent the Government removes even one individual without affording him notice and a meaningful opportunity to file and pursue habeas relief, it does so in direct contravention of an edict by the United States Supreme Court,” she wrote.
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