A Strange Hill To Die On

At least we can count on incompetency.

I remember when the news hit that Aaron Swartz, a co-founder of Reddit had passed at a young age. Some time after The Internet's Own Boy was released for free and I watched back to back at least 3 times. He was a brilliant kid and unfortunately took his own life when he saw no way out of the charges he was facing under the Computer Fraud and Abuse Act (CFAA). While not new law, the prosecutor Carmen Ortiz was said to be using it as an example for the books, new case law.

This was a case where data was being stolen from a company known as JSTOR. And since there was such overwhelming evidence, such as video of Aaron hooking up his laptop in one of MIT’s network closets, it would serve as a clear cut example of how the CFAA could be applied to situations like this. It would serve as a landmark case, so it made sense from the state’s position to push on as hard as they could. They told the world they would be seeking the maximum penalties. This is how precedent is set — A clear example for other judgements to be drawn upon.

By contrast, the case of Kilmar Abrego Garcia is a very weak one. There’s no proof he is or was part of MS-13. Even if that was proven, we have to be at war with Venezuela to enact the Alien Enemies Act. And this is where the incompetency lies.

The White House can make as many disgusting remarks as it want’s to on Twitter, it won’t change any of the facts.

The Supreme Court has already issued a TRO, preventing the president from deporting anyone else under the Alien Enemies Act. While it’s not always an indication that the stay will be made permanent, it’s looking likely given only 2 of the 9 Supreme Court justices (Thomas and Alito) dissented. This is to say if the White House challenges the court on this brittle case it’s likely to backfire. Instead of serving as an example of how the president can remove anyone he dislikes from the country, it will be one that ultimately limits his power.

The good news is at least we can still count the incompetencies of this administration. They might be the only thing that keeps this country afloat.