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What Is Democratic Legality?

Since 2021, the left has waged a veritable war against the American legal system in a variety of ways.

One serial target of Democrats and the Left has been the Supreme Court.

In 2020, Senate Minority Leader Chuck Schumer (D-NY) spoke to an angry throng of pro-abortion protestors assembled at the very doors of the court chambers.

He threatened two of the justices, Kavanaugh and Gorsuch, by name. Schumer yelled to the volatile crowd that the justices’ views would make them “reap the whirlwind,” and the two would not know what “hit” them.

In the ensuing months, protestors mobbed some of the conservative justices’ homes—likely committing felonies. The sympathetic Biden Justice Department chose not to follow the law, and so did nothing—although eventually a would-be assassin turned up.

Joe Biden himself bragged that he would try to ignore the Supreme Court ruling banning his arbitrary cancellation of billions of dollars in student loans. Indeed, he boasted, “The Supreme Court blocked it, but that didn’t stop me.”

In response, no one on the left ever complained about endangering the “rule of law” or Biden as “a dictator.”

For three years, four local, state, and federal prosecutors warped the law to neuter Donald Trump. Most of the charges had never been brought against other political figures in similar circumstances.

The vast majority of the 93 weaponized indictments backfired on the liberal prosecutors, who had contorted the legal system for political purposes and now face their own ethical or legal quagmires.

The federal prosecutor Jack Smith belatedly reported accepting $140,000 in free legal services.

Georgia prosecutor Fani Willis was removed from the Trump case and fined, and is now under further investigation.

New York prosecutor Letitia James is now facing allegations of falsification of documents and loan fraud.

Federal immigration law prohibits the illegal entry into and residence within the United States. Yet the Biden administration deliberately violated the law by allowing somewhere between 10-12 million illegal aliens to cross the border. Thousands had criminal records.

No one on the left decried any of these various affronts to the legal system.

In polls, by overwhelming majorities—above 70 percent—the public wants the Trump administration to close the border, begin deportations, and start with criminals or those with violent histories and gang ties.

The recent deportation of Kilmar Abrego Garcia, an illegal alien from El Salvador, to the vast majority of Americans seems to fit that profile.

Garcia entered the U.S. illegally and was later found consorting with members of M-13—a State Department-designated terrorist organization—who were selling drugs. Informants reported that he was a gang member. His own tattoos likely confirm those accusations.

Two prior immigration judges found such evidence sufficient to allow deportation proceedings. In 2019, a third judge allowed Garcia to stay temporarily, but only on the grounds that hostile gangs might harm him should he return to El Salvador.

Garcia was pulled over for speeding without a driver’s license—but with eight illegal aliens who reportedly all lived at the Garcia residence. The officer released him, despite suspicions that Garcia was engaged in human trafficking.

Garcia’s live-in girlfriend, now wife, was physically assaulted by Garcia on two occasions, suffered injuries, and initially sought restraining orders against him.

The left claims Garcia is a “Maryland man” without an arrest record.

But he is not a U.S. citizen or a legal resident of Maryland. Instead, Garcia is in legal limbo and remains what he always was—a citizen of El Salvador with gang ties and formerly residing illegally in the U.S.

Garcia is now back home on El Salvadorian soil and was mistakenly sent to a high-security prison. But his own government in El Salvador will ultimately decide how involved Garcia is or was with M-13 gangs. And then, as a sovereign nation, it will act according to its own policies about its own citizens’ associations with that terrorist organization.

The left has demanded that Garcia be returned to the U.S. He has become a cause célèbre as a purported victim of the supposedly fascist Trump. Returning Garcia is seen by leftists as a performance art-act to derail the Trump agenda, which otherwise they have neither the power nor public support to thwart.

The left also ignores its own hypocrisies and ironies.

Those who weaponized the court system and destroyed the border now rail that Trump is acting unlawfully by not returning an illegal alien, an M-13 member, and a domestic abuser with a propensity to ignore our laws.

How ironic that those who rail about colonialism now sound like 19th-century Yankee imperialists.

Democrats do not own El Salvador—although they act like it when dictating to its government that El Salvador cannot detain one of its own citizens on its own soil for its own reasons.

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About Victor Davis Hanson

Victor Davis Hanson is a distinguished fellow of the Center for American Greatness and the Martin and Illie Anderson Senior Fellow at Stanford University’s Hoover Institution. He is an American military historian, columnist, a former classics professor, and scholar of ancient warfare. He has been a visiting professor at Hillsdale College since 2004, and is the 2023 Giles O'Malley Distinguished Visiting Professor at the School of Public Policy, Pepperdine University. Hanson was awarded the National Humanities Medal in 2007 by President George W. Bush, and the Bradley Prize in 2008. Hanson is also a farmer (growing almonds on a family farm in Selma, California) and a critic of social trends related to farming and agrarianism. He is the author of the just released New York Times best seller, The End of Everything: How Wars Descend into Annihilation, published by Basic Books on May 7, 2024, as well as the recent  The Second World Wars: How the First Global Conflict Was Fought and Won, The Case for Trump, and The Dying Citizen.

Photo: Protestors hold signs as they march towards the White House during a Free Kilmar Abrego and a nationwide "Hands Off!" protest against US President Donald Trump's policies and executive actions, in Washington, DC, April 19, 2025. Abrego Garcia was detained in Maryland last month and expelled to El Salvador along with 238 Venezuelans and 22 fellow Salvadorans who were deported shortly after President Donald Trump invoked a rarely-used wartime authority. Trump administration officials have claimed he is an illegal migrant, a gang member and involved in human trafficking, without providing evidence. A federal judge has since ordered he be returned, later backed up by the Supreme Court. But the administration -- despite admitting an "administrative error" in his deportation -- contends he is now solely in Salvadoran custody. (Photo by Richard PIERRIN / AFP)

Notable Replies

  1. I find it both interesting and disturbing when something incorrect enters the narrative and is unable to be dislodged. Even Professor Hanson falls victim. Abrego Garcia was not sent to El Salvador via an “administrative error”. That gaffe was due to a filing by a DoJ lawyer that has since been dismissed. Moreover, the day after his filing, the DoJ submitted a new affidavit to the court saying no error occurred-----yet, we still hear the false claim as if it’s now black letter law.

    Things get even stranger when it comes to Garcia’s original 2019 deportation hold. It appears the Tennessee Star is the only journalistic organization that sought (and got) an actual copy of Judge David Jones withhold order. And, in reading the document, it turns out that Garcia’s “hold” was with Guatamala, and NOT El Salvador.

    Garcia originally claimed it was because he was protecting his mother’s business against gang encroachment that put his life at risk. Judge Jones found that it was this familial attachment that put Garcia at risk, and that, inasmuch, the entire Garcia family left El Salvador for Guatamala, the danger to Abrego Garcia would be greater if rejoining his family in Guatamala! Not El Salvador.

    If this turns out to be true, the entire case being presented by ACLU lawyers falls on its face and that Abrego’s deportation was entirely according to Hoyle.

    I’ve, personally, been impressed with many of the DoJ’s pushback against the triad of liberal judges attempting to force Garcia’s return, but, at the same time, appalled at arguments not made and not taken.

    If the Judge Jone’s document turns out to be authentic, then the plaintiff’s entire case falls. So, why didn’t the DoJ offer this into evidence back in March? Secondly, I’ve seen little from the government making the point that the use of the Alien Enemy Act supersedes Judge Jones original hold order. And finally, I’ve been appalled at the Robert’s Court playing with procedural issues when it could have, just as easily, shut the whole thing down by FULLY recognizing a president’s Article II powers in regard to National Security and a president’s ability to conduct foreign policy. In two decisions, SCOTUS called for “deference” to Article II when it could have just as easily ruled outright that the various federal judges were operating outside their legal lanes.

    We know that John Roberts does not like Donald Trump, so I understand his legal sleight of hands, but I do not understand the compliance, at times, from Gorsuch, Kavanaugh, and Coney Barrett with Robert’s anti-Trump agenda. All three were sold to us as Originalists who would cleve to the actual wording of the Constitution. But recent events demonstrate they can be just as “activist” and political as any liberal Justice or Judge that ever sat the Bench.

    Edited: I meant to add the link to the Tennessee Star article. For those inclined, the article includes an embedded link to the court document. One can find the link in the first paragraph with the word “obtained”.

    /tennesseestar.com/news/immigration-judges-2019-order-found-kilmar-abrego-garcia-subject-to-removal-by-deportation-but-granted-withholding-of-removal-to-guatemala-though-referencing-el-salvador/tpappert/2025/04/22/

  2. I think an equally valid argument as to why Judge Jones’s order to withhold is no longer applicable is that the conditions on the ground have changed since Bukele’s election and that the gang that Garcia supposedly fear retaliation from no longer exists, so there is no credible threat.

  3. Democrats’ biggest problem is that the country’s voting population is undergoing a paradigm shift regarding its perception of their professed good intentions. More and more voters see their Party as a self-serving organization with a sharply edged ideological agenda that does politics to stay out of jail. They view its support for MS-13 gang members as being worse than foolish. But Democrats see it differently, which reinforces the view among normal Americans that they are not looking out for their best interests. Democrats’ reason for putting forth the absurdity of coddling people like Abrego Garcia is that they believe that if they do this often enough, Americans will accept it as the new normal. But that square peg in the round hole stuff didn’t work for them after four years of the Biden regime, so what real-world logic says it will now?

  4. The one judge’s concern about Garcia being harmed by “rival gangs” is really stupid. Garcia is a career criminal who entered this country illegally and should have been deported. It’s none of any judge’s business what “might” happen to him when he is sent back to his home country.

  5. Avatar for task task says:

    Good research but what I like most is the fact that you deal directly with what Roberts and the other conservative justices fail to do.

    You know how I feel about Marbury v Madison. However the reason it survived is because prior justices had the constitutional temerity to stay in their respective lanes and none had the audacity to challenge the Executive’s plenary authority when it came to national security and bad actors. The Roberts’ Court has taken a major leap in the wrong direction. And in the process is promoting a lawfare conflagration. Judges and prosecutors will spring up all over the nation like mushrooms after a summer rainstorm because they feel emboldened.

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