AEA Violations!! Right Here!! In Amurika!!!

 Emptywheel:

Because El Salvador’s authoritarian President Nayib Bukele is anxious to get MS-13 members who could implicate him in terrorism out of US custody. Here’s WaPo’s (later) story:

Some say Bukele is trying to hide his government’s own involvement with the gangs.

More than two dozen high-ranking Salvadoran gang leaders have been charged with terrorism and other crimes in a Justice Department investigation that has lasted years. Several of them are jailed in the United States. One of the indictments details how senior members of Bukele’s government held secret negotiations with gang leaders after his 2019 election. The gang members wanted financial benefits, control of territory and better jail conditions, the court documents say. In exchange, they agreed to tamp down homicides in public areas and to pressure neighborhoods under their control to support Bukele’s party in midterm elections, according to the 2022 indictment.

Bukele’s government went so far as to free a top MS-13 leader, Elmer Canales Rivera, or “Crook,” from a Salvadoran prison, according to the documents — even though the U.S. government had asked for his extradition. (He was later captured in Mexico and sent to the U.S.)

Last weekend, the Trump administration sent back one of the MS-13 leaders named in the indictments, César Humberto López Larios, alias “Greñas,” along with the 238 Venezuelans and nearly two dozen other Salvadorans allegedly tied to gangs.

Some Salvadoran analysts believe Bukele wants the gang leaders back so they won’t testify about his government’s involvement with them — and potentially put him in legal trouble.

“If these returns [of Salvadoran gang members] continue, it takes away the possibility that the U.S. judicial system will open a case against Bukele for negotiations and agreements with terrorist groups,” said Juan Martínez d’Aubuisson, an anthropologist who has studied the gangs.

The possibility that this effort to outsource detention and torture to Bukele is part of a quid pro quo helping a fellow authoritarian to cover up his own criminal ties is not dissimilar from details about Saudi complicity in 9/11 that the Bush Administration spent years invoking State Secrets to cover up.

And then finally, in plain sight, on Friday Trump disclaimed that he personally had signed the Alien Enemies Act declaration, that someone used an autopen for his signature. If true (I certainly don’t rule out Stephen Miller autosigning half the stuff that comes out under Trump’s name), that would undermine the Article II claims the government is making.

(Well, certainly it undermines Trump’s “argument” if the DOJ tries to prosecute anyone Biden pardoned.)

So Trump sent people in custody, and innocent people as well,  in order to cover sending alleged MS-13 members to El Salvador so Bukele could cover his backside at home.

I do like this little tidbit:

Meanwhile, just two months into this Administration, it’s already investigating leaks about purportedly internal spats. Unrelated to Venezuela, there was the NYT leak disclosing Pete Hegseth was about to brief Elon Musk about DOD’s plans for war with China, in response to which Elon called for leak prosecutions.

The chief Pentagon spokesman, Sean Parnell, initially did not respond to a similar email seeking comment about why Mr. Musk was to receive a briefing on the China war plan. Soon after The Times published this article on Thursday evening, Mr. Parnell gave a short statement: “The Defense Department is excited to welcome Elon Musk to the Pentagon on Friday. He was invited by Secretary Hegseth and is just visiting.”

About an hour later, Mr. Parnell posted a message on his X account: “This is 100% Fake News. Just brazenly & maliciously wrong. Elon Musk is a patriot. We are proud to have him at the Pentagon.”

Defense Secretary Pete Hegseth also commented on X late on Thursday, saying: “This is NOT a meeting about ‘top secret China war plans.’ It’s an informal meeting about innovation, efficiencies & smarter production. Gonna be great!”

Roughly 30 minutes after that social media post, The Wall Street Journal confirmed that Mr. Musk had been scheduled to be briefed on the war planning for China.

In his own post on social media early Friday, Mr. Musk said he looked forward to “the prosecutions of those at the Pentagon who are leaking maliciously false information to NYT.”

The leak served a very important (and presumably, its intended) purpose: NYT subsequently reported that Trump had not known about the briefing.

Mr. Trump made clear he had been caught by surprise by The Times’s report, saying he called his White House chief of staff and Mr. Hegseth to ask about it; he said they said it was “ridiculous.” But he also said that Mr. Musk — who has extensive business in China — should not be made aware of such sensitive information. It was one of the first specific statements from the president about what he would consider a bridge too far for Mr. Musk, who has expansive potential conflicts of interest created by a portfolio as a part-time government staff member and adviser.

Yet CNN reported that DOD would conduct an investigation, using polygraphs, which the article explicitly suggests is a reference to this leak.

I still think Trump knew about it, but didn’t want to take responsibility for it. Trump was counting on the public (and the media) accepting “national security “ + brown people = winning formula for not looking to closely at this whole mess, while boosting his popularity (because “real” America is as racist as he is). When that didn’t work, he denied all knowledge of his Administration’s actions. Even though he approved of them.

He thinks that’s called “plausible deniability.”