Trump Administration Openly Ignoring Supreme Court, Now What?
Guess innocent people stay in torture jail and we have a constitutional crisis some more.
On Friday, the Supreme Court effectively let Kilmar Armando Abrego Garcia, the innocent immigrant and father of three who was deported by “mistake” and sent to El Salvador torture prison, stay in El Salvador torture prison, ruling that while the government must “facilitate” Abrego Garcia’s release, Trump cannot be ordered to “effectuate” it, because Trump is Executive King of All He Surveys and the only one who can conduct foreign affairs, even when/if he conducts them by OOPS:
The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
But, the Roberts Court conceded, the government “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps” for facilitating while not effectuating the whoops.
So then, a few hours after the SCOTUS ruling on Friday, Judge Paula Xinis in federal court in Greenbelt, Maryland, issued a new order, again telling the federal government to "take all available steps to facilitate the return” and again demanding to know Abrego Garcia’s status and the steps the government had taken. Government lawyer Drew Ensign again played ignorant and tried to stall. Nobody’s told him anything, he doesn’t know anything, there’s just no time for the government to figure out any of that information, your honor. “We intend to comply with Supreme Court's order. We're actively taking steps to do so. We are not able to meet the court's deadlines because they're impracticable.” And Judge Paula Xinis ordered daily updates from the government.
Out of the courtroom, though, Trump and company declared they had no intention to comply, and the Justice Department put out a statement:
As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs. By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President’s authority to conduct foreign policy.
White House Press Secretary Karoline Leavitt struck a snotty tone, because it is the only tone she has, to point out that the court had ordered the government “facilitate Abrego Garcia’s return, not to effectuate the return.”
Trump purred to reporters that “if the Supreme Court said bring somebody back I would do that. I respect the Supreme Court. I have great respect for the Supreme Court.” But, you know, IF.
Back in court in Greenbelt on Saturday, the government doubled down on its we’re not going to tell you shit strategy, replying to Judge Xinis’s request with a terse declaration from one Michael G. Kozak, “Senior Bureau Official” in the State Department's Bureau of Western Hemisphere Affairs:
It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador. He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.
Which, of course, does not answer any of the steps you have taken to try to bring him back part of the order from SCOTUS or Judge Xinis, though thanks for letting everybody know he is still alive, and let us all pray that is true.
Funny how all of a sudden El Salvador has all this sovereign, domestic authority and nobody can tell them to do anything. Unlike Canada, Greenland, Panama, and countries that tariff American products.
Also after the ruling, on Saturday, Secretary of State Marco Rubio announced that 10 more people had been sent to El Salvador, gushing on Xitter, “The alliance between POTUS and president Nayib Bukele has become an example for security and prosperity in our hemisphere.” Did those people have the hearing and sufficient time to challenge their removal, like the Supreme Court said last week that they were supposed to get? Or was it OOPS … TOO LATE again? I think we all know which. Rubio’s parents were not citizens when li’l’ Marco was born in the US. Does he ever think about that?
Then in a SUNDAY night filing, the government asserted its formal FUCK YOU, that it has no duty to return Abrego Garcia, that the judge is overstepping to even ask, or about the steps the government is taking or for any documents about the Disappearing To Torture Prison agreement the US has with El Salvador. They claim that violates attorney-client privilege and State Secrets privilege and Executive Branch privilege and no-takebacksies-privilege and ALL THE PRIVILEGE. Senior Bureau Official Mike told you he’s alive, and that’s all anyone is going to get.
El Salvador’s hipster dictator, Nayib Bukele, or “President B,” as Trump is calling him, will be visiting the White House today, so Trump can rub it in everybody’s face how he is NOT asking for Abrego Garcia back, and praising Bukele’s big beautiful torture prisons, and the way he wears baseball hats on top of his greasy, slicked-back hair, like some kind of Central American Don Junior. Wrote he on his failing platform Sunday:
Looking forward to seeing President Bukele, of El Salvador, on Monday! Our Nations are working closely together to eradicate terrorist organizations, and build a future of Prosperity. President Bukele has graciously accepted into his Nation’s custody some of the most violent alien enemies of the World and, in particular, the United States. These barbarians are now in the sole custody of El Salvador, a proud and sovereign Nation, and their future is up to President B and his Government. They will never threaten or menace our Citizens again!
Well, way, to go, John Roberts. It is sounding less likely every day that those three Maryland children are ever going to get their father back, or Andry Hernandez Romero will ever see the light of day again, or any of the other 200-something men ICE has kidnapped to foreign prison will every get any kind of due process on American soil either. What a legacy.
What next? Will the judge ever make Kristi Noem sit in the hot seat and answer questions? Back to SCOTUS?
Will more people stand up and speak out about this guy getting taken away from his family while the cruel fascists laugh, following the example of the president of the North American Building Trades Union? Let’s hope so!
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More of that kind of energy, please, at this sick and horrifying situation.
[Time / Rolling Stone / Guardian]
Come on guys, I'm working on about 3 hours sleep, I've got a raging head cold, and I'm unnaturally cranky. I'm not in the mood for skirting the rules today. Maybe best to err on the side of not pushing it, hint hint, please and thank you.
'Rubio’s parents were not citizens when li’l’ Marco was born in the US. Does he ever think about that?'
Constantly. Why do you think he's such an obsequous lickspittle? If he sucks up enough, the leopard won't eat HIS face.