The judge is flat out wrong. The Alien Enemies Act was specifically written in response to fears that the French in 1793 would instigate attacks from Indian tribes (“predatory incursions”), which is exactly the kind of irregular warfare characterized by use of non uniformed forces and continuum of force below open battle. The Trump admin, by designating foreign gangs under this law, is acting entirely within historical precedent. This is just astonishingly ignorant or bad faith ruling on the part of the judge. I’m not even a legal professional and I know this.
Here’s a list of resources for how the Founders viewed the Indian threat during the 1793 French / English war, which was the context in which AEA was passed:
1. Alexander Hamilton
•Warned that French revolutionary ideology and agents could inspire Native revolts or anti-government uprisings.
•Feared French manipulation of domestic unrest and frontier conflict, particularly in Kentucky and western Pennsylvania.
2. Thomas Jefferson
•As Secretary of State in 1793, Jefferson sympathized with the French Revolution but was cautious about its impact.
•Even he acknowledged that foreign alliances with Native tribes could destabilize U.S. borders.
3. The Genêt Affair (1793)
•Edmond-Charles Genêt, the French ambassador, tried to recruit American citizens and stir Native alliances to fight against Spain and Britain—raising alarm in Washington’s cabinet.
•This confirmed fears that France might use Native allies to drag the U.S. into European wars.
4. Jay’s Treaty (1794)
•One motivation for this treaty with Britain was to prevent British-backed Native resistance and secure the western frontier.
•The Founders saw European conflicts as catalysts for Native-American wars if not diplomatically managed.
Basically, this judge is a joke and you’re a clown 🤡
Here’s a list of resources for how the Founders viewed the Indian threat during the 1793 French / English war, which was the context in which AEA was passed:
1. Alexander Hamilton
•Warned that French revolutionary ideology and agents could inspire Native revolts or anti-government uprisings.
•Feared French manipulation of domestic unrest and frontier conflict, particularly in Kentucky and western Pennsylvania.
2. Thomas Jefferson
•As Secretary of State in 1793, Jefferson sympathized with the French Revolution but was cautious about its impact.
•Even he acknowledged that foreign alliances with Native tribes could destabilize U.S. borders.
3. The Genêt Affair (1793)
•Edmond-Charles Genêt, the French ambassador, tried to recruit American citizens and stir Native alliances to fight against Spain and Britain—raising alarm in Washington’s cabinet.
•This confirmed fears that France might use Native allies to drag the U.S. into European wars.
4. Jay’s Treaty (1794)
•One motivation for this treaty with Britain was to prevent British-backed Native resistance and secure the western frontier.
•The Founders saw European conflicts as catalysts for Native-American wars if not diplomatically managed.
Basically, this judge is a joke and you’re a clown 🤡
Do you think that this is the first time in history that the United States has had to deal with non uniformed natives at the periphery of the nation stealing, raping, raiding, smuggling etc? The young United States was literally founded in the midst of this context, it carved itself out of the wilderness in opposition to these tribes. Do you think the founders didn’t mean to include legal means for policing these kinds of people?
@StephenM @JDVance @DarrenJBeattie
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