After the Supreme Court ruling in the case of Kilmar Abrego Garcia, I wrote a column disagreeing with the media coverage that claimed that the Trump Administration was ordered to return Garcia to the United States from El Salvador. The Administration mistakingly sent Garcia to a foreign prison. However, the Court only ordered that the Administration “facilitate” such a return, a term it failed to define. Now, U.S. District Judge Paula Xinis is indicating that she feels unfacilitated, but it is unclear how a court should address this curious writ of facilitation.
“I’ve gotten nothing. I’ve gotten no real response, and no real legal justification for not answering,” she continued, adding that if the administration is not going to answer her questions “then justify why. That’s what we do in this house.”
There is nothing worse than a feeling of being unfacilitated, but how does the court measure good faith facilitation?
Garcia is an El Salvadorian citizen in an El Salvadorian prison. The refusal of El Salvador to send the accused MS-13 gang member back effectively ends the question on any return.
Many of us suspect that El Salvador would send back Garcia if asked, but how can a court measure the effort of an Administration in communications with a foreign country?
Judge Xinis is suggesting that she will be holding someone in contempt. However, this is a discussion occurring at the highest level. Would a formal request be enough?
Is Judge Xinis suggesting that the court can require punitive or coercive measures against a foreign country to facilitate a change in its position?
The fact is that a unanimous decision of the Court is not hard when no one can say conclusively what the order means. If Judge Xinis is going to move ahead with new orders, it will find its way back to the Supreme Court.
The Court clearly (and correctly) held that Garcia deserves due process and that this removal was a mistake. As I have previously stated, the Administration should have brought him back for proper deportation. I still believe that. However, the Court also held that the President’s Article II authority over foreign policy has to weigh heavily in such questions.
As the court goes down this road, it can quickly get bogged down in subjective judgments on what constitutes facilitation. That is the can kicked down the road by the Supreme Court and it is now likely to come rattling back to the justices.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Obviously Democrats are above the law! 20 years of HARD evidence!
In its order, the Supreme Court paid close attention to the specific words involved. It made a fine, but material, distinction between “facilitate” and “effectuate.” So why is nobody – not even Professor Turley – paying attention to the other specific wording, namely, the object of the verb facilitate: release from custody. The order does not say “return to the US.”
The difference between “release from custody” and “return to the US” is at least as great as the difference between “facilitate” and “effectuate.” So why is it being blurred?
Also, since Bukele said there was no way he would release Garcia (describing him as a “terrorist” who is appropriately in prison in El Salvador), there isn’t much left that the court can require the Trump administration to do, right?
If release from custody is more accurate, what has the Trump Administration done to facilitate that?
What can the Trump administration do ?
Bukele was at the WH monday and said there is no way he would release him or any of the 10’s of thousands of other gang members that he has arrested and imprisoned.
Prior to Bukele El Salvador had among the highest murder and violent crime rates in the world.
Its rates have dropped dramatically as a result of Bukele incarcerating gang bangers.
You have to be an idiot to think that Bukele is going to release an MS13 gang leader once he has them in prison.
Also made pretty clear from the press conference. While the US deported Garcia – legally. and improperly did so before an order barring his deportation to El Salvador expired, once Garcia landed in El Salvador – he is a citizen of El Salvador – and what is done with him is up to El Salvador – not the US.
Pres. Bukele repeatedly called Garcia a terrorist. That is what El Salvarodans call gang bangers.
And Bukele made it clear – he does not release terrorists.
# The attorney from DOJ who misspoke has been released from his job.
#. Right. If you were apprehended as MS 13 wouldn’t you admit it? It’s designated an international terrorist organization so Ms Paula is way over her skis.
It spread into Mexico, into US and unkn to me Canada and South America. Deals in murder…Garcia got an upgrade from 2019 decisions Kessler and Jones. SENATOR van hollen , xinis, goatherd may be scrutinized…
It’s upgrades bad to evil. Biden is incompetent. Mayorkas disappeared.
Department of Justice
Office of Legal Counsel
In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.
RANDOLPH D. MOSS
Assistant Attorney General
Office o f Legal Counsel
Article 2, Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors
And that is the only means provided in the Constitution. It requires a 2/3 vote of the Senate to remove. So it would be a political decision of the highest order.
The Administration mistakingly sent Garcia to a foreign prison
That is not true. Here is what D. John Sauer, the Solicitor General, Counsel of Record, for DOJ, US Government, wrote in APPLICATION TO VACATE THE INJUNCTION ISSUED BY THE UNITED STATES DISTRICT COURT submitted to SCOTUS:
On March 15, DHS executed Abrego Garcia’s removal order by placing him on a flight to El Salvador. App., infra, 59a. That flight carried only aliens being removed under the INA, not the Alien Enemies Act. Ibid. Although DHS was “aware of th[e] grant of withholding of removal at the time [of ] Abrego Garcia’s removal from theUnited States,” Abrego Garcia was removed to El Salvador “[t]hrough administrative error,” id. at 60a—in other words, while removing him from the United States was not error, the administrative error was in removing him to El Salvador, given the withholding component of the 2019 order.
https://www.supremecourt.gov/DocketPDF/24/24A949/354843/20250407103341248_Kristi%20Noem%20application.pdf
The Left is well known for lying, parsing words and obfuscating. Their claims that the deportation was an error and that DOJ is admitting their “error”, are lies.
The Justice Department previously said Abrego Garcia was deported due to an “administrative error.” The career DOJ attorney who made the disclosure was later suspended by Attorney General Pam Bondi.
https://www.yahoo.com/news/u-senator-denied-meeting-kilmar-194623768.html
Besides, Garcia is already in his native country. Curious he feared returning to his native land. Why is that? El Salvador is safer than any other country in tue Western Hemisphere. That Maryland Democrat US Senator Chris Van Hollen traveled today o El Salvador is hilarious given Democrats claim that El Salvador does not recognize human rights. While in El Salvador he could very well be thrown in prison since they allegedly ignore human rights. Not even Boasberg is stupid enough to fetch him
Judge Xinis is suggesting that she will be holding someone in contempt.
Considering Americans hold Democrats in disgust, and view the US legal system as a farce, Xinis, Boasberg and the Leftist District Judges rest are only hurting Democrats and justifying Americans rejection of Democrats
The Democrats side with terrorists, anarchists, murderers and everything Americans reject. Is Senator Chris Van Hollen working for the enemy?
The optics are horrific.
Mother whose daughter was killed by illegal alien tears into Maryland Democrat’s trip to El Salvador
The mother of Rachel Morin expressed her disdain for Senator Chris Van Hollen (D-Md.) for going to extreme lengths to advocate for the return of an illegal alien who was deported back to El Salvador.
Patty Morin told Sean Hannity on Tuesday that Van Hollen and other Maryland Democrats did not reach out to her when her daughter was murdered by an illegal immigrant who gained access to the United States during the Biden-Harris border crisis. The man accused of the horrific crime was found guilty by a jury this week.
“I’m actually angry. I’m actually outraged, but I’m too sad at the moment to show anger at the same time. He did not call our family; he did not give condolences. There was no action [from] the Democratic Party in any way. … In Maryland, none of the senators did anything to help search for the murderer of my daughter,” Morin said.
The only Democrat who reached out to her was Maryland Governor Wes Moore, but he did so only after she had talked with President Donald Trump.
https://www.theblaze.com/news/mother-whose-daughter-was-killed-by-illegal-alien-tears-into-maryland-democrats-trip-to-el-salvador
# ” van hollen….” he joined MS 13. His initiation…as did mangione …
How low can the Trump administration sink to try to avoid the truth and to right the wrong it committed against Garcia? Lying about Garcia isn’t enough apparently. Neither is insulting judges who uphold the Constitution. Now they’re trading on the grief of a mother over an unrelated crime to try to deflect blame away from Trump and attack a US Senator who was seeking justice for a resident of his state who was wrongly arrested and deported. Garcia has committed NO crime —unlike Trump, who is a convicted felon. Using a grieving mother as a political prop is as low as it gets.
You correctly note some of the legal issues here.
But most americans do not care. They do not care whether Garcia was a gang banger.
He was in the US illegally, and he was deported returned HOME.
He is in an el salvadoran prison – because that is what El Salvador does with Gang bangers.
The left in the US can rant that he did not get proper due process before being imprisoned in El Salvador,
But most of those imprisoned in El Salvador do not get US standards of due process.
US citizens in foreign countries do not get US standards of due process.
Sometime in the distant future when Bukele is no longer president of El Salvador and a democrats is president again, they are free to seek Garcia’s release.
In the meantime gang bangers accross the US are terrifed about the possibility of ending up in CECOT.
And the overwhelming majority of americans are very happy about that.
If TdA and MS13 and other central and south american gang bangers choose to self deport to avoid CECOT – the country will rejoice.
Welcome back, Estovir. How goes your recovery?
@Turley,
You wrote:
“Many of us suspect that El Salvador would send back Garcia if asked, but how can a court measure the effort of an Administration in communications with a foreign country?”
Uhm correct me if I’m wrong, but the court cannot ask POTUS to make a call to El Salvador to release him. I mean she could request it, Trump can say no.
She cannot order it… that’s the deference SCOTUS mentioned.
The issue should be over since he is a member of MS-13 per his earlier detention hearing and appeal back in 2019. Since he’s now a terrorist… the whole argument should be moot.
-G
The El Salvadoran president was in the WH a few days ago.
The Press Asked his response was the diplomatic equivalent of “H311 NO!” – Bukele was pretty adamate.
Article 2, Section 1
The executive Power shall be vested in a President of the United States of America.
__________________________________________________________________________________________
No legislation or adjudication may exercise any aspect, facet, degree, or amount of executive power.
Legislation and adjudication must be engendered and configured constitutionally.
“WASHINGTON (AP) — A federal judge on Wednesday said he has found probable cause to hold the Trump administration in criminal contempt of court for violating his orders last month to turn around planes carrying deportees to an El Salvador prison.”
Criminal contempt!??
I wonder what Boasburg will do when he hears about Article II pardon powers?
I respect Turley’s opinion but I disagree on impeachment. Since these judges are going to the mattresses [nice mob expression for lawless robe bearers] I would like to see Congress impeach every one of these S.O.B.s. No, they won’t be convicted in the Senate, but they could lead unpleasant lives testifying in endless, hostile Congressional committees. These black-robed insurrectionists might maintain their nasty attitudes in hearings and end up facing criminal contempt.
Then, truly, Congress has to abolish the DC courts.
Maybe end DC as a quasi-municipality as well.
If you want to know “what Boasburg will do when he hears about Article II pardon powers,” I suggest you ask Obama.
You know, it’s the “higher headquarters” thing.
Obama, Susan Rice, Valerie Jarrett, and the entire Obama “holdover” administration never left; they are all still very much nearby, for “unknown” purposes, right?
@Young,
Boasburg is on thin ice, although he knows that its most likely he’ll get a slap on the wrist.
Once SCOTUS told him that he lacked jurisdiction that should have been the end of it.
I’d say he’s trying to force Trump in to acting or reacting…
SCOTUS already ruled on this topic… It was really w that other judge but it also impacts Boasburg.
They need to provide deference to POTUS.
But at this point, its now clearly political so he should be sanctioned for violating his judicial canons.
-G
@Gumby,
Yes, sanctioned and recused from any cases touching on Article II decisions.
His caseload should be limited to traffic violations in DC if there were any justice in the world.
is anyone going to punish these lawless democrat judges?
# classifies as insane…I’d suggest the judge is a zbie inhabited by evil entities. He should be removed for mental incapacity and his past judgements scrutinized.
He must have watched the movie “Airplane” too many times.
Another question, one which would bear fruit from minds greater than mine, is thus: How do so many judges and so many districts have jurisdictional claim over the same group of claims? If, as I think Boasberg made it, it is a class action of illegals, doesn’t that still need to be brought under one single roof? What if one judge rules favorably, and another disfavorably? Do we run into Double Jeopardy?
# . The State Dept is proceeding and has given all illegals 30 days to come forward. 30 days is reasonable.
They didn’t do that without reason.
“THE AMERICAN DREAM”
No…
It’s the Mexican, Haitian, Guatemalan, African, Venezuelan, Cuban, Ecuadoran, Colombian, Chinese, Iranian, Indian, Iraqi, Filipino et al. “DREAM.”
And…
THE AMERICAN NIGHTMARE!
“The UN refugee agency estimates that more than twenty-two million people were in transit throughout the hemisphere in 2023; 80 percent of those migrants and displaced people remain within the region.”
– Council on Foreign Relations (CFR)
________________________________________
The notorious CFR states that 80% of 22 million so-called migrants “remain within the region.”
Translation: 17.6 million illegal alien invaders continue to hide in the United States of America, seeking fraudulent “asylum.”
Perhaps one hundred or one thousand truly deserve “asylum,” definitely not 17.6 million.
Given America has only 2 borders, and neither Canada nor Mexico is prosecuting and hunting down their own citizens…
Asylum claims are bunk.
Bomb Russia to stop Russia.
Xinis and Boasberg are both preparing to hold the administration in contempt.
Good. Do it.
I think a real conflict between unelected and unpopular Article III tyrants and elected officials in Article I and Article II, the latter very popular, will end in overdue corrections in judicial attitudes and powers.
This could have been avoided if Roberts weren’t such a pansy who wants to be respected [worshipped] everywhere and is ending up respected nowhere.
Too bad he is also damaging the reputation of a Court which still has some wise and judicial men on it.
# hide nor hair of mayorkas…
These are the talking points for the Dems and the MSM.
They can’t talk on tariffs because WH will just roll the tapes of the Dems arguing for tariffs.
The reason this is probably going to continue until Roberts makes the call to shut it down… it protects the Dims in Congress from blow back. Its not them… its the judges.
-G
FACIL MEANS EASY
Right. Get busy, there’s half million more identified criminal records.
It’s absurd, without reason. Release garcia into El salvador. He’s a Salvadoran.
The law is not to be misconstrued into unreasonable and burdensome. The circumstances were created by the unlawful conduct of Biden’s abuses.
Facilitate and dismiss his gang affiliation. Deport to El salvador. What bu!!shit.
Done. You’re all in a 10 level penitentiary run by criminals and danger is off the charts, professor Turley.
Idiots combined with mental illness creates life not worth living. The 3rd world is familiar as AOC calls for the election of dem brawlers.
God have mercy on one and all.
Jonathan: Now I understand why you are struggling with the meaning of “facilitate”. Even a lawyer with many years of experience could find the word perplexing. But Judge Xinis, in her order yesterday, made plain what the word means: “Notably, to ‘facilitate’ means ‘to make the occurrence of (something) easier, to render less difficult'”, citing Black’s Law Dictionary and the Oxford English Dictionary. Xinis concluded that the DJT regime had done nothing to “facilitate” Abrego Garcia’s return. That’s why Xinis ordered 2 weeks of discovery to find who in the administration ordered the removal of AG and who now has responsibility to return him. If the DJT regime continues to stonewall it will be setting itself up for a contempt citation.
The DJT regime continues to insist that it can’t force the self-proclaimed dictator of El Salvador to release and return AG. But at the meeting on Monday between Bukele and DJT the latter told El Salvador’s president he wanted Bukele to build 5 more prisons to house US citizens who DJT wants to deport. Besides the fact that sending US citizens to prisons in a foreign country would be clearly illegal, DJT knows Bukele will do anything he wants. So if DJT told Bukele to release AG and put him on a plane back to the US is there any doubt Bukele would quickly comply?
Now we have to ask ourselves why would DJT use the AG case to make his “Custer’s Last Stand”? Why would DJT defy a SC unanimous order? Why not just return AG and move on? The answer is pretty simple. DJT never wants to admit he has ever made a mistake. He would rather defy court orders and see AG rot in that notorious prison in El Salvador rather than admit he made a mistake.
There is probably another reason DJT is resisting court orders and precipitating a constitutional crisis. He knows that if he caves in the AG case it will set a precedent for all the other cases and expose the lies he used to deport all the other Venezuelans. The whole house of cards, built on the claim that all the deportees are “violent gang members”, will be exposed as a lie. At the end of the next two weeks in Judge Xinis’s courtroom we will find out who is lying and violating the rule of law!
the “judge” has now become a party to the case and should recuse herself
the “judge” is not the president of the US
Bad news for you: Judge Xinis doesn’t have the authority to define what the Chief Justice of the Supreme Court meant.
This is actually false. Scotus kicked it back down to her for further clarification.
Not exactly.
They kicked it back down to her so that she could save some face.
They are allowing her to define the term while providing deference to POTUS.
The odds are she’ll not provide the deference to Trump and this will end up in SCOTUS where they’ll smack her down.
If she demands that Trump make a request … she’s toast. That’s over the line.
At most DoJ is following the ICE directives and that’s the limit. If he shows up, they let him in, scoop him up and then send him back.
His membership in MS-13 was a finding in fact during his 2019 hearing He has had his day in court.
While the Press were asking Bondi for evidence… she told him it was already adjudicated and determined to be a fact when he didn’t dispute it in court.
(She later said she’d provide the transcripts from the hearing and again in his appeal. )
-G
# The State dept can utilize its facile facility of negotiations but cannot guarantee the effect, effectuate the facility will have on President Bukele. President Bukele indicated strongly, No, during a press release.
The admins facility would not effectuate the release having no effect on Bukele’s decision. Judge Xinis is not privy to the facile utilization of the facility as it is the sole purview of the executive branch.
That clears it up.
Judge Xinis can watch the press release of President Bukele if she feels unfacilitated. Judge isn’t a foreign agent nor is Van Hollen. Pam Bondi 007 will contact you for your authority.
# Smooth talkers didn’t work. Bukele said, he!! No.
# Judge Kessler.
An illegal, especially one with possible connection to a designated terrorist organization, has no standing in this country. He is back in the country of his citizenship. Not familiar with the laws in El Salvador.
Legally, this is a shut and closed case. The SC ruling was vague. It is really a matter how one wants to play the political hand.
# Repatriated
El Salvadoran president Bukele was at the WH Monday.
He was asked by the press if he would release Garcia.
His answer was a diplomatic – or mybe not diplomatic version of “H311 No!”
Bukele made it clear – he was elected to bring El Salvador from the Murder capitol of the world to one of the safest countries int he western hemisphere. He would be violating his campaign promises to release a “terrorist” – that is the word Bukele uses to describe gang bangers,
Garcia is not coming back to the US and he is not getting released in El Salvador,
He was asked – he answered.
End of Discussions.
DOJ should just send Xinis video of the press conference and tell her to pound sand.
Bukele won election on a national unity platform specifically targeting Gang violence with 53% of the vote in 2019.
In 2024 he won relection with 85% of the vote.
When he was elected El Salvador had the highest murder rate in the world. Now it is lower than the US.
Bukele liek Trump is a dictator – which is what the left calls a president when they beleive the people elected the wrong person.
“Now we have to ask ourselves why would DJT use the AG case to make his “Custer’s Last Stand”? ”
Pretty sure Custer lost.
Trump is winning.
“Why would DJT defy a SC unanimous order? Why not just return AG and move on?”
Because he is not.
“There is probably another reason DJT is resisting court orders and precipitating a constitutional crisis.”
There is no constitutional crisis in the offing.
“He knows that if he caves in the AG case it will set a precedent for all the other cases and expose the lies he used to deport all the other Venezuelans.”
What lies ? Those TdA members who were sent to CECOT can ask for Habeaus hearings, and if they can prove they are not TdA or that the wrong person was deported – they will get released.
Further if Venezeula agrees to quit sponsoring predatory incusions into the US – they can be transported back to Venezeula.
The TdA members are the rough equivalent of prisoners of war. They get released when the war is over.
Garcia is in a different boat – he is an El Salvadoran citizen returned HOME to El Salvador and El Salvador wants him in prison.
The same thing will happen to all MS13 and other El Salvadoran gang members deported to El Salvador.
There are no lies here – just two strong presidents doing what their people elected them to do.
Trump is not going to Ask Bukele to return Garcia. And it is highly unlikely Bukele would do so if asked.
He said that publicly and clearly.
Current deportations are focussed mostly on criminals – they are the easiest to deport and those are teh ones that americans have the least sympathy for.
But NO ONE has claimed that DHS is only going to deport criminals.
That is NOT the standard. If you are not here legally – you are deportable.
There are approximately 45M people in the US right now that could be deported.
It is unlikely that by 2028 Trump will have deported more than about 4M of those.
So the focus is on the really bad ones.
Some mistakes may be made and only slightly bad ones will get deported.
Recent polls by left leaning pollsters asking detailed questions about who should be deported, found that support for deportations does not drop below 50% (and is still a plurality).
Until you hit illegal immigrants who have
been here atleast 10 years AND
not committed crimes AND
pay taxes AND
have a family.
Whether you like it or not the lawfare you are engaging in is HELPING Trump.
Trump’s polls are doing fine.
Democrats are tanking.
Perhaps Xinis should go to El Savador and DEMAND they release Garcia to her custody. File it under: If you want something done right – do it yourself.
That’s Donnie Von Schitzenpantz’s job.
Keep up, Crazy, Creepy, and Crooked Senile Old Pedo Joe is no longer in office.
# to enforce immigration law…times up on the Kessler case. Garcia can be returned.
well, isn’t Sen. Van Halen from Maryland going down there personally to free the “father of the year? Maybe the judge and the senator could to down there together
“Maybe the judge and the senator could to down there together”
“Maybe the judge and the senator could to dRown there together” – FIFY
# no one came out to meet him except the American embassy folks for lunch.
Hmmm normally she would not be afforded political protection. So they could jail her and then Trump could slow walk her release…
# She’ll need her foreign agent papers. App at State dept. If Hunter can so can u.
O.T.: Constitutional Topic
America’s Hidden Transformation
[W}hat if the America you pledge allegiance to isn’t the one running the show? This investigation examines how America’s governance system fundamentally transformed since 1871 through a documented pattern of legal, financial, and administrative changes. The evidence reveals a gradual shift from constitutional principles toward corporate-style management structures – not through a single event, but through an accumulation of incremental changes spanning generations that have quietly restructured the relationship between citizens and government.
By: Josh-StylmanJosh Stylman ~ April 15, 2025
https://brownstone.org/articles/americas-hidden-transformation/
{This one’s for George, as the resident Constitutional Commenter – Enjoy Sir)
George is DNC troll.
He may be, but He does bring some Constitutional Points from time to time,
and He is spot on some times as well.
Read the ‘comment(s)’ for its value, not who’s posting it.
All Ya’ll are Tolls at times, including myself – so take it with a grain of salt,
if you want to be worth your salt.
This was a well written Article, the Journalist (Josh Stylman) obviously spent quite a bit of time on it.
Any attempt to define the demarcation point (1871) from Original Intent, and catalog the events thereafter in a hefty task.
Knowing how ‘We The People’ got to this point in today’s reality is very useful. People make harsh comments, which are unfounded and lay false claims to vast groups of Others, some out of ‘Rage’ as Jonathan points out, but more so out of lack of Knowledge and Distorted Historical Concepts.
In regards to today’s parlance, it is undeniably true that the Constitution had been “Distorted” from the Original Intent(s).
So an Article like this is well worth the read. Every literary work is an Opinion, and Mr. Stylman did a very good job at supporting the work.
The Garcia matter is really not that difficult to understand. He committed no crime, unlike Trump, but was mistakenly arrested and taken to a foreign gulag without ANY due process–a right to which he was entitled under the US Constitution because these rights apply to “all persons”–not just US citizens. Trump WILL NOT do anything to “facilitate”, obtain, or otherwise right the wrong that was done for the very simple reason–TRUMP CAN NEVER BE WRONG. So, the DOJ lawyer who admitted it was an error to arrest and deport Garcia without any due process gets fired for telling the truth, just like Chris Krebs, Trump’s head of cybersecurity, who told him in 2020 that there existed NO evidence of widespread voter fraud was also fired–and Trump has written an EO commanding Pammie Jo Blondie to investigate him and Taylor, for crimes. This is all to intimidate anyone who has thoughts about telling the truth when the truth hurts Trump.
So Pammie Jo Blondie was ordered to stonewall, obfuscate and actually try to aruge that the word “facilitate” is just too vague to comprehend. MAGA media, of which Turley has chosen to be a part, has picked up that theme, too. If he actually honored his oath to protect and defend our Constitution, Trump COULD and SHOULD demand Garcia’s return–but he never will because it’s all about that ego. It’s obvious to anyone with eyes and ears that the President of El Salvador would do whatever Trump tells him to do, because Trump has diverted $6 million of our tax dollars to pay for the incarceration of those men wrongfully deported without any due process, 75% of whom have no criminal record. Trump has commanded his DOJ minions to fight Garcia’s return, and Pammie Jo Blondie takes her marching orders from Trump, not the Rules of Professional Responsiblity for Prosecuting Attorneys that REQUIRE her to seek justice. The DOJ actually argued that even if Garcia were returned, they’d just arrest and immediately deport him anyway–ignoring the fact that the SCOTUS Ordered that Garcia and the others were entitled to notice and an opportunity to defend themselves. That’s just a show for the MAGA crowd. For Turley to claim to be a Constitutional scholar and to write today’s piece is shameful.
“For Turley to claim to be a Constitutional scholar and to write today’s piece is shameful.”
Giggs, for you to claim that you are a lawyer with any understanding of law is shameful.
No wonder you have to work as a nurse–who would pay you for anything other than venom-filled retaliation?
Done emptying bed pans for the day? Take a nap and call us in the morning.
“He committed no crime”
Incorrect, he came here illegally, that is a small crime, but a crime nonetheless.
Further he has not been CHARGED with any other crime, we have no idea what crimes he has comitted.
He has been found by courts and on appeal to be a gane leader of MS13 – with certainty he has committed a crime.
“but was mistakenly arrested”
No mistake – there was a valid deportation order.
“taken to a foreign gulag”
No he was taken to his HOME, where his own country threw him in prison.
“without ANY due process”
He had a deportation hearing – that resulted in an order for his deportation.
He appealed and lost.
He then sought a temporary order barring his return to El Salvador.
But that did not terminate his deportation, nor change the fact he had ALREADY had all the due process he was entitled to.
The only “mistake” DHS made was not waiting a few more days for the Temporary order barring his deportation to El Salvador to expire.
Regardless, his deportation to El Salvador was blocked because of the excercise of EXECUTIVE powers, it can therefore be overridden by EXECUTIVE powers, further the circumstances in El Salvador had changed – the “rival gang” that threatened his life and his family has been taken out by … Pres. Bukele. Who jailed Garcia – like ALL gang members in El Salvador.
“a right to which he was entitled under the US Constitution because these rights apply to “all persons”–not just US citizens.”
Correct -= he had a deportation hearing. and an appeal and he failed to continue his appeals and therefore the deportation order and the findings of the immigration court – that he was an MS13 gang leader became final.
The US constutition does not allow you two bites at the apple.
“Trump WILL NOT do anything to “facilitate””
Correct.
“obtain, or otherwise right the wrong that was done”
What wrong ? There is no circumstance in which Garcia was not going to end up back in El Salvador.
The only issue here is he took an early plane.
DHS could have waited a few days for the temporary order to expire, or for Trump to revoke it.
TPS is purely an executive grant. It is arguable whether it is within a presidents power to grant.
It is inarguable that any president can revoke it.
“TRUMP CAN NEVER BE WRONG.”
Trump is wrong about alot of things. Everyone is. Every president is.
But this is not actually about Trump. This is about his administration. Trump personally had little to do with Garcia.
He merely told DHS/ICE to do their job and got out of their way and they started deporting criminals and people like Garcia with outstanding deportation orders.
What is pissing you off is Trump is defending his appointments for doing their job.
Trump has said that he will appeal court orders he beleives are wrong – but he will obey that if he loses or if they are not stayed pending appeal,
and if they are possible to obey.
Judge Xinis’s order can not be obeyed. She is demanding that the United States force another country to do something.
Judges do not have power over foreign countries or over US foreign relations.
The lawlessness we are seeing is entirely from the left.
Boasberg is still playing games – despite the fact that SCOTUS has made clear he has no jurisdiction.
We continue to have left wing nut judges throughout the country issue new nationwide injunctions blocking things COUS has already said they can not do.
Regardless, YOU, Democrats, the left are LOSING.
Outside of your left wing bubble – supermajorities want to know WHY the left is trying to bring gang bangers back into the country ?
Why the left is trying to keep Hamas supporters in the country.
Why democrats and the left are not following the rulings of the courts.
Absolutely Steven Miller is overstating the SCOTUS ruling on Garcia. But so is the left.
9-0 the Supreme court said – “We wish you had waited a few days, But Garcia is an El Salvadoran citizen in an El Salvadoran prison,
he was deported lawfully, but he should not have been sent to El Salvador for a few more days.
And they said Xinis can ask the administration “pretty please” to request his RELEASE, but she can not force the issue.
Because the courts can not force presidents in areas of foreign relations or require an outcome that can not be acheived without a third party.
Can Xinis order Trump to back out of a peace deal with Putin ?
“the DOJ lawyer who admitted it was an error to arrest and deport Garcia without any due process gets fired for telling the truth”
Incorrect he was fired for LYING – or more accurately for making false claims when he could have known better.
Garcia was arrested on a valid deportation order. There is ZERO doubt that he could be arrested and detained in the US.
Garcia was deported under a valid deportation order – there is ZERO doubt he could be deported.
The only error was there was a TEMPORARY order due to expire preventing him from being deported to EL SALVADOR,
Because in El Salvador his life was threatened by a Gang that no longer exists – Pres. Bukele took them out.
A deportation order means you have ALREADY gotten your day in court and all the due process you are entitled to.
Please lets not start the head in the sand on voter fraud nonsense again. AZ just removed 50,000 illegal immirgants from the voter registration rolls – some of whom had voted.
Lots of people are being investigated. Those of you on the left investigated Trump and his associates based on claims you KNEW were lies.
Turn about is fair play.
Please read the actual SCOTUS order. While this is a rush job – therefore SCOTUS did NOT address the underlying merits, this ruling is strictly about Judge Xinis’s authority, Not anything about Garcia.
Regardless, the stated that Xinis could order the Trump administration to “fascilitate” Garcia’s RELEASE – not return.
And separately they directed her to revisit her order to EFECTUATE – because judges really can not give orders that Require third parties to act, particularly when those third parties are foreign govenrments.
This was a 9-0 decision – both sides are lying about how strongly it favors them.
But The administration is lying the lease.
Fascilitate is not vague – it has an actual meaning in law. Loosely speaking it is about the same as “try”.
While “effectuate” – which the court said Xinnis needs to reconsider means “do”.
“If he actually honored his oath to protect and defend our Constitution, Trump COULD and SHOULD demand Garcia’s return”
SCOTUS does not mention Garcia’s return.
Regardless, should Trump invade El Salvador ?
“It’s obvious to anyone with eyes and ears that the President of El Salvador would do whatever Trump tells him to do, because Trump has diverted $6 million of our tax dollars to pay for the incarceration of those men wrongfully deported without any due process, 75% of whom have no criminal record. ”
First Bukele has been imprisoning El Salvadoran gang Bangers throughout the entire Biden Administration. He did so for 4 years when Trump had no power. And you expect people to beleive that he is just a trump puppet ? Was he a Trump puppet from 2021-2024 when he was transforming El Salvador from the murder capitol of the world to one of the safest countries in the western hemisphere ?
“Trump has commanded his DOJ minions to fight Garcia’s return”
They do not need to fight. Garcia is a legitimately deported Gang Banger in El Salvador. El Salvador has decided to imprison him and is not returning him. All Trump needs to do is nothing and things stay as they are.
But had Trump NOT sent Garcia to El Salvador a month ago, He would have been sent a few days later.
Garcia was inevitably ending up in El Salvador and inevitably ending up in an El Salvadoran prison.
As to Tda members. It is certtain that ALL of them committed crimes – they were in the US illegally – that is the start.
TdA does not recruit people to give bunnies to children. They recruit them to commit crimes.
It is certain that all of the TdA members deported committed lots of crimes.
But they were NOT convicted of crimes.
The due process required to deport someone to their home is not the same as that required to send them to a US prison.
TdA members are legally about the same as Prisoners of War. They are not being held for crimes – though they all have committed crimes.
They are in El Salvador because they are part of a predatory incursion that the Venezuelan government perpetrated.
They will be returned to Venezeula when Venezueala agress to stop the acts of war against the US and recall TdA to Venezeuala.
Regardless, TdA members are entitle to Habeaus – they are entitled to a hearing where they can despute that they are the person ICE claims they are and/or that they are members of TDA.
In the event they win that hearing. They will be detained indefinitely in the US awaiting deportation to Venezeuala or any other country that will take them.
I would note – additional TdA members have already been sent to El Salvador – and the left can do nothing about it.
“The DOJ actually argued that even if Garcia were returned, they’d just arrest and immediately deport him anyway”
Correct – the courts issued a deportation order long ago.
“ignoring the fact that the SCOTUS Ordered that Garcia and the others were entitled to notice and an opportunity to defend themselves.”
Please read the order – none of that is in there.
You keep ranting about Garcia and due process, but the FACT is Garcia has received all the due process he is entitled to – 5 years ago.
And the fact that he allowed his right to appeal to lapse – that is on him.
ol’ Paula swings by the rope of poor wording (“facilitate and effectuate”) in the gallows of public scrutiny. In one sentence, she exposes her lack of understanding of the separation of powers in the US Government.
Strong work, UVA! Strong work Yale! No need to say ‘strong work, Barack’ as this is exactly the kind of stooge he meant to fill the courts with from the outset. And what does Paula get for her showing? A trophy that is emblazoned with ‘Smack Down by SCOTUS’ for her chambers.
@Ex Dem
Yup. In a nutshell. The groundwork was laid long ago. Obama is without question almost the single worst thing to ever happen to our system.
PS – don’t know why my AV is now green, but it’s me.
OT
“Judge Boasberg to launch contempt proceedings for Trump Administration”
– Washington Post
______________________
“Federal Judge James Boasberg finds probable cause to hold Trump in contempt over deportation flights”
“Judge James Boasberg told the Department of Justice he has found that the government showed a ‘willful disregard’ for his order”
– Fox News
______________
Obama resumes the Obama Coup D’etat in America beginning his fourth term as President of the United States under the auspices of lawfare.
_________________________________________________________________________________________________________________________________________________________
“We are five days away from fundamentally transforming the United States of America.”
– Barack Obama
_______________
“We will stop him.”
– Peter Strzok to FBI paramour Lisa Page
___________________________________
“[Obama] wants to know everything we’re doing.”
– Lisa Page to FBI paramour Peter Strzok
___________________________________
“I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk It’s like an insurance policy in the unlikely event you die before 40.”
– Peter Strzok to FBI parmour Lisa Page
_________________________________
“People on the 7th floor to include Director are fired up about this [Trump] server.”
– Bill Priestap
_____________
“I had a discussion with the case team and we believe there to be predication to include former President of the United States Donald J. Trump as a predicated subject.”
– Timothy Thibault to John Crabb, U.S. Attorney’s Office, D.C.
__________________________________________________
The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history. The co-conspirators are:
Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,
James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic, Sally Yates,
James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell, Sir Richard Dearlove,
Christopher Steele, Simpson, Joseph Mifsud, Alexander Downer, Stefan “The Walrus” Halper,
Azra Turk, Kerry, Hillary, Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power,
Lynch, Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,
Joe Biden, James E. Boasberg, Emmet Sullivan, Gen. Milley, George Soros, John McCain,
Marc Elias, Igor Danchenko, Fiona Hill, Charles H. Dolan, Jake Sullivan, Strobe Talbot,
Cody Shear, Victoria Nuland, Ray “Red Hat” Epps, Don Berlin, Kathy Ruemmler, Rodney Joffe,
Paul Vixie, L. Jean Camp, Andrew Whitney, Lisa O. Monaco, Fani Willis, Alvin Bragg,
Matthew Colangelo, Merrick Garland, Juan Merchan, Timothy Thibault et al.
@Anonymous
Oh, I think it’s decidedly ON topic in this matter. Thanks for all of the details.
I agree with this in principle, but for different reasons. Obama is the linchpin who codified the outrageous past abuses of Bush/Cheney (e.g. ‘we tortured some folks’) and set the foundation, in stone, for future abuses by Biden .. . and Trump.
*forget El Salvador. Obama assassinated U.S. citizens without any court/due process whatsoever .. . and, thanks to ‘due deference to the Executive’, Gitmo is still open for business.
@dgsnowden
You are too hung up on particulars. The people in question do not care about anything you have mentioned, just their own tyranny, at any cost. This does not seem to register with a lot of people at this point in time. It is pure madness.
Bingo
# time to investigate DC judicial for RICO…
# NYC too, snagged James..
Since there’s already been two deportation orders issued by immigration courts, how many does Judge Xinis believe the admin needs before it’s legal to get this Salvadoran citizen out of this country?
Three? Six? 12? 41?
Ask President of the United States, James Boasberg, of the American Juristocracy.
Let me apologize for the length of this post:!!
Blacks Law 9th Edition
crime. (14c) An act that the law makes punishable; the breach of a legal duty treated as the subject-matter of a criminal proceeding. —- Also termed criminal wrong. See OFFENSE (1).
“Understanding that the conception of Crime, as distinguished from that of Wrong or Tort and from that of Sin, involves the idea of injury to the State of collective community, we first find that the commonwealth, in literal conformity with the conception, itself interposed directly, and by isolated acts, to avenge itself on the author of the evil which it had suffered.” Henry S. Maine, Ancient Law 320 (17th ed. 1901).
“It is a curious fact that all the minor acts enumerated in the penal code of a State like, say, New York are in law called crimes, which term includes both murder and overparking. It is a Strong term to use for the latter, and of course the law has for centuries recognized that there are more serious and less serious crimes. At the common law, however, only two classes were recognized, serious crimes or felonies, and minor crimes or misdemeanors.” Max Radin, The Law and You 91 (1948),
Immigration and Nationality Act. A comprehensive federal law regulating immigration, naturalization, and the exclusion of aliens. 8 USCA $§ 1101-1537. — Also termed Nationality Act. [Cases: Aliens, Immigration, and Citizenship C= 102]
immigrant. (18c) A person who enters a country to settle there permanently; a person who immigrates. Cf. EMIGRANT.
alien immigrant. An immigrant who has not yet been naturalized.
alien (ay-lee-an or ayl-yan), n. (14c) A person who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular nation. In the United States, an alien is a person who was born outside the jurisdiction of the United States, who is subject to some foreign government, and who has not been naturalized under U.S. law. [Cases: Aliens, Immigration, and Citizenship (=> 104, 121, 786, 116, 116.]
illegal alien. (1901) An alien who enters a country at the wrong time or place, eludes an examination by officials, obtains entry by fraud, or enters into a sham marriage to evade immigration laws. — Also termed undocumented alien. [Cases: Aliens, Immigration, and Citizenship C121, 786.]
All this quivering about the rights of an illegal alien leads to suspect that the Democratic Party has lost its mind.
# thank you for that.
These Obama judges can’t just keep getting away with this, Boasberg is interfering again, too. SCOTUS? Hello? Anyone there?
Do the dems have anything but tyranny, bullying, and lawfare? I have already vowed to never vote dem again as long as I live; I wish I could retroactively not vote dem in the past at this point. This is all insanity. There is NO respect for the rule of law on the modern left. Only disdain for it, and more importantly, for *us*. Get these people OFF the bench.
James: Thanks for the update; I was not aware of today’s news of Boasberg’s latest finding.
Either way, this political back and forth between judges and the administration seems to be more a fight of egos than one of jurisprudential conclusion.
@lin
Yeah. ‘Going rogue’ doesn’t begin to cover it. These people are true, died in the wool narcissists very much actively denying the will of the people. They know we don’t like it; they simply don’t care. It’s the very *definition* of tyranny, and it turns the stomach.