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#judiciary

27 posts8 participants0 posts today
Continued thread

#Trump said on Saturday he was looking forward to meeting #Bukele & praised him for taking "enemy aliens" from the #UnitedStates. He said the two countries were working closely to "eradicate terrorist organizations."

"These barbarians are now in the sole custody of El Salvador, a proud & sovereign Nation, & their future is up to President B & his Government. They will never threaten or menace our Citizens again!" #TrumpLies.

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"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," it said. "He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador."

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The filing from Michael Kozak, of the #State Department's Bureau of Western Hemisphere Affairs, did not, however, say what steps the #Trump admin was taking to bring #KilmarAbregoGarcia home, as #Xinis had also ordered.

"I am aware that the instant lawsuit has been filed seeking the return of Kilmar Armando Abrego Garcia to the United States from El Salvador," Kozak's filing said.
#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #AbuseOfPower

US #State Dept says mistakenly deported Maryland resident 'alive & secure' in #ElSalvador

A State Dept court filing gave the update on #KilmarAbregoGarcia, who was sent to El Salvador on March 15 despite an order protecting him from #deportation, after US District Judge Paula #Xinis made the demand for daily updates on Friday.

#law #immigration #Trump #AlienEnemiesAct #AEA #ExtraordinaryRendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #AbuseOfPower
reuters.com/world/us/us-state-

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Judge: I don't understand why these questions can't be answered today. But maybe you can answer them for me by 5PM tomorrow.

And we'll go ahead and set a follow up hearing for the day after govt files the declaration I previously requested

Ensign repeats that deadlines are impracticable but that they intend to comply w/ #SCOTUS order.

And that's it. Hearing over. Judge will enter written order in due course.

Continued thread

Judge: I hope you will in good faith comply & we'll take it from there. But I know I want daily updates until this is resolved. Do you have any alternative suggestions for me, Mr. Ensign?

Ensign wants a declaration due by Monday close of business, not daily.

Judge: My order is daily updates

Continued thread

Garcia's counsel says daily status updates would be appropriate and they would respond as needed very quickly to each update.

Ensign [#DOJ] says government intends to comply with #SCOTUS order, but court deadlines not practicable

Judge: Then you can tell the public that every day in status updates
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Judge: What to do w/the govt saying we can't do this before Tues?

Plaintiff's counsel says govt has't provided factual basis for why they can't provide info/comply w/order before that

Judge: What I'm contemplating is very quick briefing order and order of compliance. Govt, she says, just so we're clear: There are no business hours in this court. And if we need to I'm going to require daily status updates on what if anything the govt is doing or not doing.

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Now plaintiff's counsel up...

Says court's order was sufficiently clear, defendants did not comply, leave the remedy in the discretion of the court.

"It quite clear...the defendants are playing a game with their own lawyers."

Court should order people w/ personal knowledge before court.

Continued thread

Ensign: We disagree fundamentally on the status of the court's order. #SCOTUS said the deadline is no longer effective.

Xinis: Because the admin allowed the deadline to pass. So now you have a new amended order, which makes clear you have to facilitate return.

Ensign: Due regard for the executive means at a minimum you are required to hear from executive in a written brief before any order could become effective again

Judge says no, that's not right, basically.

Continued thread

Ensign: We're actively considering what could be done, this is a case that involves 3 cabinet depts...

Xinis: And while you do that, the irreparable harm continues. Is anyone moving w/any speed on your end? #SCOTUS has spoken -- quite clearly.

Judge Xinis says it's not unreasonable to ask for this info.

Ensign says that the govt could have some info/responses by Tues, as they requested. Says might involve invocations of privilege, but doesn't know.

Continued thread

Judge: Easy way to combat that is to communicate what they've done to you. And if they can't, they need to put that in writing.

Judge to Ensign: That you don't know suggests you don't have a full and effective relationship with your client. So can you explain why you don't have personal knowledge?

Ensign repeats line about needing to evaluate the SCOTUS order...

Continued thread

Xinis: It's quite basic information. I'm asking a very simple question: Where is he?

Xinis: Filing about an hour ago talks about prospective info. You're saying you haven't had time to think of next steps. but this question isn't about prospective next steps. I'm asking simply: WHERE IS HE?

Ensign repeats that he doesn't have that info.

Continued thread

Number one. Why did defendants not comply with order & give me someone with personal knowledge about Mr. Abrego Garcia's current location/status?

Ensign: We've said what we can say....

Judge: What info do you have?

Ensign: I do not have that info

Judge: The govt is going on record saying it has no info Garcia’s whereabouts?

Ensign: I'm saying I don't have that info as an officer of the court, clients have not provided that info to me as of today