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.
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
- First reported by The New York Times: “Appeals Court Backs Trump on Constitutionality of Detentions”, with reporting from Reuters via U.S. News & World Report, Texas Tribune and Mississippi Today.
- Covered on BBN on Saturday, October 24, 2026, at 3:55 AM ET on BBN After Hours, by Kenji Moonfield.
- Topics: Trump.
The real story
The reporting behind this segment. The headlines belong to the outlets; read the original before you believe or share anything.
- The New York TimesAppeals Court Backs Trump on Constitutionality of Detentions
- Reuters via U.S. News & World ReportDetained Migrants Have No Constitutional Right to Bond Hearings, US Court Rules October 23, 2026 · facts used on air
- Texas TribuneImmigrants in ICE custody don’t have right to bond, court rules October 23, 2026 · facts used on air
- Mississippi TodayICE detainees have no due process rights, court says - Mississippi Today October 23, 2026 · facts used on air
What BBN said about it

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.

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?
Winston AchterbergTo be clear, it means a court made a decision about detention.
Winston AchterbergThat's the finding, and I charged you for the first six minutes of saying it.

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?
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.

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

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?
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.

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

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

Kenji Moonfield · Internet & Trends CorrespondentRating the advice: obvious, billed at premium. What's the folder's last line?
Winston AchterbergTotal due within thirty days, to be clear. You can cancel anytime by leaving the country.
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