I asked National Review’s Andrew McCarthy to take a look at my post “The Menendez obstruction” and posed the question whether I was out of line in my criticism of her ICE injunction. Andy is the former prosecutor who tried the case against the Blind Sheikh and the author Willful Blindness, The Grand Jihad, and Ball of Collusion, all outstanding books with expertly handled legal themes.
Andy concurred with my own comments on Judge Menendez’s injunction and added: “I do not think it is tenable for a judge to order agents not to do that which is already illegal. If the agents violate the law, then the harmed person can bring a lawsuit. That harm is what gives the court jurisdiction to act. It’s not the proper role of a judge to give what in effect is an advisory opinion — or, better, an advisory admonition. This is just preening. And I say that as someone who is very concerned about whether the mission is clear, whether the agents are sufficiently trained, and whether enough of them are being deployed when there is obvious risk.”
