

I don’t see how that’s related to excluding particular countries.
Edit: What I mean is that I don’t understand how you conclude
So if you aren’t exporting/importing from those countries they wouldn’t be included. It doesn’t even matter if there was a trade surplus.
based on the formula.
Note that the argument about whether or not he is a gang member is beside the point. The White House concedes that he should not have been taken to El Salvador even if he is a gang member, but denies that the court has the authority to order the White House to make even the smallest attempt to bring him back.
The White House is saying that if they grab you and take you to a foreign country where you are imprisoned, that’s it. The courts can’t do anything. It won’t matter if you’re a law-abiding citizen or if taking you out of the USA was unambiguously against the law. Only the executive branch, the people responsible for your predicament, get to choose if and when they do anything at all to secure your freedom.