It’s bad enough, if unsurprising, that the non-lawyers in the Trump administration, like Karoline Leavitt, spew nonsense designed to make people stupider about law. After all, they’re regurgitating what they’re told, and when they’re told nonsense, they spew nonsense. But the attorney general of the United States, Pam Bondi, is a lawyer. Attorney General Bondi is supposed to know better.

The part of the Alien Enemies Act, 50 USC § 21, that has been the focus of most discussion, although it’s routinely misstated by omission to play upon the simpleton’s belief that there is some cool trick that makes it applicable upon the president’s whim even when we’re not at war because of the disjunctive “or” clause. It’s not.

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government…

The claim that Tren de Aragua is somehow an invasion force of the narco-state of Venezuela is a nonsensical stretch of reality, a tortured claim based on the same sort of word salad that used to be eaten only by left. Not to gild the lily, but the only basis for the claim is Trump says so, which may be sufficient for his MAGA faithful but falls a tad short of proof for anyone who hasn’t drunk the Kool-Aid. And if true, it would constitute Venezuela going to war against the United States, having invaded us with their army made up of TdA warriors. Are we at war with Venezuela? Nah.

Regardless, there are other sections of the Alien Enemies Act of 1798 that don’t get much mention, notably including 50 USC § 23. It’s understandable that neither Trump nor the non-lawyers would be familiar with this section, as it ill-serves their narrative to be knowledgeable. But here it is.

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

Not only are federal district court judges authorized to consider the exercise of authority under § 21, but “it shall be their duty” to do so. Each individual accused of being an “alien enemy resident” gets his day in court, his due process, to prove that he’s not an enemy, not a member of TdA, and perhaps even not an alien since nobody actually knows whether American citizens are included in the group shipped down to El Salvador. Sure, Leavitt says we should trust our brave heroes of ICE and not question who they put on the plane, but even brave heroes make mistakes.

But that’s not all the AEA says. Section 22 provides time for those to be removed to take care of their affairs. The Trump administration concedes that at least some (the actual number can’t be known since radical transparency isn’t really their jam) have never been arrested or convicted of any crime. So what does § 22 provide?

When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

For those with no criminal history, being nabbed and put on a plane in the dark of night before any judge can prevent it falls quite a bit short of the law.

And what does our attorney general have to say about this?

“Our lawyers are working on this,” she said. “But what I will tell you is this judge has no right to ask those questions. You have one unelected federal judge trying to control foreign policies, trying to control the Alien Enemies Act, which they have no business presiding over… The judge had no business, no power to do what he did.”

There is an expectation that the Attorney General of the United States demonstrate a passing familiarity with the law. Even the sections of the law that aren’t helpful to the cause, so that she can competently advise the president and be capable of making non-frivolous assertions in good faith to a court. More to the point, the AG should not be making the public stupider about law or inciting the MAGA faithful to believe that a “RADICAL LEFT LUNATIC” is engaging either in judicial impropriety or acting beyond his authority.

This is not a matter open to legal interpretation where reasonable minds may differ. This is the Attorney General of the United States misleading the public and attacking a judge for doing exactly what the law requires of him. And yet, she does it with gusto, to the disgrace of her office.