Republican lawmaker wrangles with CNN host over judge halting deportation flights

Rep. Tim Burchett, R-Tenn., sparred with CNN host John Berman on Tuesday over whether a federal judge had the constitutional authority to block the Trump administration's deportation flights under the Alien Enemies Act.

The administration is caught in a legal fight with a federal judge over President Donald Trump invoking the Alien Enemies Act to target members of the Venezuelan gang Tren de Aragua for deportation.

Hours after invoking the act, Judge James E. Boasberg, a President Obama appointee, granted a temporary restraining order preventing the deportation of five Venezuelans and ordered the plane they were believed to be on to return to the United States. 

During an appearance on CNN, Burchett slammed the judge as an "activist" and accused him of "political overreach."

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CNN host John Berman pushed back on the Republican's comments, asking him if he took issue with "a federal judge interpreting federal law" or if he thought the judge was "unlawfully confirmed by the Senate."

Burchett doubled down on his criticism of the judge, saying that the people the administration was targeting for deportation were criminals, before he took a jab at CNN.

"I never understand why CNN takes the side of a bunch of murderers that have come into our country illegally. And I realize you have to make your stand, but that is complete nonsense. And the American public is not buying it," he told Berman as the CNN host put his hand up.

"Listen, this is an act of war by these countries," Burchett continued. "These people have come in, and they come across our border illegally. What would happen if 14 million people swarmed the border at one time? Yet it was spread out over four years? Fourteen million people. Do you consider that an unlawful invasion? It's an act of war. These folks are not playing fair… It is an act of war."

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The debate continued as Berman defended the judge's authority to put a pause on the deportations. He asked Burchett if he believed the White House had a "responsibility to follow rulings from the federal judiciary."

Burchett said he believed that Trump and border czar Tom Homan were "acting appropriately" and taking measures on immigration that are "overwhelmingly" supported by Americans.

He became frustrated after Berman insisted the judge was not "taking sides" but simply asking to review the president's "novel" use of the Alien Enemies Act.

"Oh, come on," Burchett responded. "Listen — the difference between God and these judges is God knows he's not one of these judges. They're arrogant. They practice this type of thing all the time."

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"If you had a conservative one doing it, you all would be raising total hell," he said of CNN, before accusing the liberal network again of "siding with a bunch of murderers."

Berman reiterated that he wanted to get the lawmaker's opinion on how the White House should be responding to these judicial rulings, but said that question seemed "to be upsetting" him.

"I guess what upsets me is that you all at CNN continuously take the side of the far left, and that's why your ratings continue to plummet," Burchett shot back. "And I do not ever understand why y'all do that every time."

"You are so out of touch," the lawmaker accused the CNN host as the two continued to speak over each other.

Berman defended his line of questioning as "valid" and said he asked his questions in a "respectful" manner. But the congressman continued to say it was "ridiculous" that CNN was defending the judge and that the network was out-of-step with the rest of the country.

CNN did not immediately return Fox News Digital's request for comment.

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Homan also blasted the "radical" judge's ruling during an appearance on Fox News, saying it "defies logic" to allow members of a recognized terrorist organization to remain in the country.

Fox News' Taylor Penley contributed to this report.