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Former State Attorney General Rob McKenna has criticized the Trump administration’s defiance of a federal judge’s order to halt the deportation of alleged Venezuelan gang members, calling the administration’s arguments “flimsy.”

Appearing on “Seattle’s Morning News with Charlie Harger,” McKenna explained the unusual circumstances, noting that the administration expedited the flights to avoid compliance.

“The administration hurried up, got those planes in the air as fast as they could,” McKenna said. “There were two planes carrying alleged Venezuelan gang members, and the judge ordered them to turn around. The administration refused, citing national security concerns and questioning the legal effect of the judge’s oral order.”

The Department of Justice claimed the planes, already in international waters, were not subject to the judge’s directive. President Trump called for the judge’s impeachment, prompting a rare public rebuke from Chief Justice John Roberts.

McKenna says Trump is ignoring ‘checks and balances’

The controversy has raised questions about the power of district court judges to influence national policy. McKenna affirmed that judges have the authority to issue nationwide orders on immigration but emphasized the system of checks and balances that allows the administration to seek stays from higher courts. “If a judge issues an order on immigration, that’s national in scope because immigration is national,” he said.

“This situation tests the limits of executive compliance with judicial orders,” McKenna concluded, highlighting the constitutional balance of power among the legislative, executive, and judicial branches. “Under our Constitution, we have three co-equal branches of government: legislative, executive, and judiciary. The courts rely on the executive branch to carry out their orders. This is a real test, and it’s why the administration is at least putting up some legal arguments for why those planes did not have to be turned around.”

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