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D.C. Circuit judge rebukes attorney over DOJ accusations in deportation case

A D.C. Circuit judge criticized a defense attorney's heated accusation that the DOJ lied about deportee treatment under the Alien Enemies Act, as the attorney called for remote hearings for accused gโ€ฆ

Judge interjects 'you can't help yourself' as lawyer snaps that DOJ 'lied' to judge and should at least provide 'remote hearings' in AEA case
Law & Crime โ€” 25 September 2026
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A D.C. Circuit judge recently interjected during a heated exchange between a defense attorney and a prosecutor regarding the treatment of deportees under the Alien Enemies Act (AEA). The lawyer accused the Department of Justice (DOJ) of lying to the court and argued for the introduction of "remote hearings" to allow individuals accused of being gang members to defend themselves. The judge's remark, "you can't help yourself," underscored the tension in the courtroom as both sides grappled with complex legal issues surrounding deportation and due process.

This case has garnered attention as it raises significant questions about the rights of non-citizens facing deportation under the AEA, which has been used historically in times of national security crises. The current legal proceedings come at a time when immigration policies are under scrutiny, and calls for reform have intensified amidst ongoing debates about border security and public safety. The outcome could set a precedent for how similar cases are handled in the future, particularly in the context of the rights of individuals who may be wrongfully labeled as gang members.

During the proceedings, the defense attorney emphasized the need for transparency and fairness, highlighting that many deportees may not have the opportunity to challenge their status adequately. The judge's interjection indicates her concern about the implications of the DOJ's approach, as the stakes are high for individuals who could face severe consequences if deported. The potential for remote hearings could provide a more accessible platform for those impacted, especially given the challenges posed by the pandemic and ongoing logistical issues within the court system.

Looking ahead, the D.C. Circuit's decision on this matter could have far-reaching effects on immigration law and the treatment of deportees in the United States. If the court rules in favor of allowing remote hearings, it may pave the way for more equitable treatment of individuals under the AEA, ensuring they have the opportunity to contest allegations of gang affiliation. The case exemplifies the critical intersection of immigration policy and civil rights, making it a focal point for advocates and policymakers alike.

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