An Update on Abrego Garcia

[Yo_Mama_Been_Loggin]

A while back, Abrego Garcia's lawyers filed a motion for expedited discovery to find out why the Trump administration has failed to act to facilitate the return of Abrego Garcia, and to answer Judge Xinis’ questions about where he is and what steps the government is and will be taking to facilitate his return.

As you may know, on April 10th the Supreme Court ruled 9-0 that Judge Xinis was right to direct the administration to facilitate the release of Abrego Garcia “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.”

Later that same day, Judge Xinis amended her previous order to match what the Supreme Court had decided, and directed the government to facilitate his release and return him to the United States. She further ordered the administration to submit “declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return.”

The government failed to do so, so on April 12th, lawyers for Abrego Garcia filed a motion for relief asking for three things:

The facilitation of Abrego Garcia’s return

Expedited discovery to find out why the government defied the court orders

An order to show cause - the first step of contempt proceedings - requiring the government to show cause as to why they defied court orders

https://www.muellershewrote.com/p/an-update-on-abrego-garcia

[CaliforniaPeggy]

1. This entire issue is long overdue for positive resolution. Contempt is on deck. Do it now. n/t

[Seinan Sensei]

2. So how does this work?

Fine “the Gonernment”?
Put “the Government” in jail?
Maybe ask “So, who’s the actual person who made the actual decision to defy this specific court order?”

What’s to keep TSF from just shrugging,
then going off to play another round of golf?

[markodochartaigh]

5. From what I have heard,

Trump personally can do anything that he wants and then the supremacist court can find that the action was, in some way, related to his official duties, and then he is immune.

But if Trump tells someone else to do something they are not immune. So, if Trump tells Vance to go harass the Pope, knowing that harassing a frail 88 year old who just got out of the hospital might kill him, and the frail 88 year old dies, then Vance could be prosecuted. Or, if Trump's neighbor at Mar-a-Lardo had a noisy dog, Trump could send Kristi Noem to shoot the dog. Trump would likely be immune, but Noem could be prosecuted.

Of course, if it was a federal crime, Trump could pardon the criminal just as fast as he pardoned the tourists who shit in the Capitol. If it was a state crime, Trump couldn't pardon them.

If Ábrego García hadn't been taken across state lines maybe the officers, pilots, etc. could be prosecuted under state law. But it seems that kidnapping becomes a federal crime when the victim crosses state lines.

[iemanja]

3. "Facilitate and effectuate"

was their language. Effectuate is more definitive.

[onenote]

4. The District Court amended its order to limit to "faciliate"

The original District Court ruling "ordered" the government to "facilitate and effectuate the return of [Abrego Garcia] to the United States." However, the Supreme Court stated that the intended scope of the term “effectuate” in the District Court’s order was unclear, and may exceed the District Court’s authority and further stated that the District Court "should clarify its directive."

So, shortly after the Supreme Court issued its decision, the District Court issued a new order in which it stated that it "hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible."

Of course, the administration hasn't done diddly to comply with that order.