Live nowOn the air 24/7Watch live
Play

U.S.THE BBN INTERVIEW

Appeals Court Backs Trump on Constitutionality of Detentions

The Fifth Circuit ruled ten to seven that detainees have no constitutional right to a bond hearing; the Supreme Court has agreed to consider the issue.

▶ As it aired · U.S.

Watch it as it aired: Kenji Moonfield on this story, from BBN After Hours at 3:55 AM ET. Cartoon anchors, real headline: the facts are The New York Times's, the jokes are ours.

At a glance

The real story

The reporting behind this segment. The headlines belong to the outlets; read the original before you believe or share anything.

What BBN said about it

  1. Kenji Moonfield · Internet & Trends CorrespondentThe full Fifth Circuit ruled ten to seven that detained immigrants have no constitutional right to a bond hearing, even people who have lived here for years.

  2. Kenji Moonfield · Internet & Trends CorrespondentJoining us is Winston Achterberg of Halvorsen Mott Strategic Advisory, who bills four thousand dollars an hour. Winston, what does this ruling mean?

  3. Winston AchterbergTo be clear, it means a court made a decision about detention.

  4. Winston AchterbergThat's the finding, and I charged you for the first six minutes of saying it.

  5. Kenji Moonfield · Internet & Trends CorrespondentJudge Cory Wilson wrote that petitioners can end their liberty claim at any moment by agreeing to leave the country. Is that a real argument?

  6. Winston AchterbergTo be clear, it's an argument with an exit. Every strong product has an exit, and this one is just very far away.

  7. Kenji Moonfield · Internet & Trends CorrespondentSo the right to a hearing works like a subscription, and the cancel button is leaving the country.

  8. Winston AchterbergTo be clear, I'd call it a retention strategy, though retention is a strong word and I'd bill you extra for a stronger one.

  9. Kenji Moonfield · Internet & Trends CorrespondentMore than eighty thousand petitions for release have been filed nationally, and about a quarter are in the Fifth Circuit. Does that number worry you?

  10. Winston AchterbergLet me be clear. A quarter is a big slice. I'd call it a quarter-ish slice, and my advice is to remain aware of it.

  11. Kenji Moonfield · Internet & Trends CorrespondentRemain aware. That's four thousand dollars an hour.

  12. Kenji Moonfield · Internet & Trends CorrespondentThe Supreme Court agreed this month to take up the detention issue, which has divided lower courts. What's your advice to them?

  13. Winston AchterbergTo be clear, my advice is that they hire me. It's in the folder, page one, and there's no page two.

  14. Kenji Moonfield · Internet & Trends CorrespondentRating the advice: obvious, billed at premium. What's the folder's last line?

  15. Winston AchterbergTotal due within thirty days, to be clear. You can cancel anytime by leaving the country.

▶ Watch BBN liveMore U.S. →

More Shorts

All videos →
  1. Photo: User:Aude · CC BY-SA 3.0 · Wikimedia Commons · altered by BBN, shared under CC BY-SA 3.0
    ▶ As it aired · U.S.Two ex-FBI officials charged with lying to Congress over Hunter…Read the story
  2. Photo: Ebyabe · CC BY-SA 3.0 · Wikimedia Commons · altered by BBN, shared under CC BY-SA 3.0
    ▶ As it aired · U.S.Big Names Flock to Ruby-Red Florida in Close ContestsRead the story
  3. ▶ Interviews · U.S.Wildwood Review: Influencer's 'Unassisted' Book Has AssistantAbout this segment
  4. Photo: Montclair Film · CC BY 4.0 · Wikimedia Commons
    ▶ As it aired · U.S.Brooklyn bar owner goes viral after SubwayTakes with Conan O'BrienRead the story
  5. Photo: Daniel Ogren · CC BY 2.0 · Wikimedia Commons · altered by BBN
    ▶ As it aired · U.S.JK Rowling refuses to back down in essay calling trans activism…Read the story
  6. ▶ Interviews · U.S.Deep-Sea Siphonophores: Captain Admits Labels Were Gull PoopAbout this segment
  7. Photo: Thomas Wolf , www.foto-tw.de · CC BY-SA 3.0 · Wikimedia Commons · altered by BBN, shared under CC BY-SA 3.0
    ▶ Short · U.S.'Wildwood' review: a magical stop-motion adventureRead the story
  8. ▶ Short · U.S.The Honest Pillow Sale Has One Very Sad Return PolicyMore about this Short
  9. ▶ Interviews · U.S.Pop Star's Cat Album Interview Collapses Over Bought StreamsAbout this segment
  10. ▶ Short · U.S.Splash Safety Rule Three: Never Ask the DuckMore about this Short

From the archive: everything BBN aired on Saturday, October 24, 2026 · the U.S. archive · all months