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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court says Trump admin must 'facilitate' release of man wrongly deported to El Salvador prison
This makes me smile
https://bsky.app/profile/mommamia.bsky.social/post/3lmim5moezs2s
Link to tweet
https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-admin-must-facilitate-release-kilmar-abrego-garcia-rcna200284
The court partly granted and partly rejected an emergency request filed by the Justice Department contesting a judge’s order that Kilmar Abrego Garcia be retrieved from a prison in El Salvador where he was sent on March 15 along with alleged Venezuelan gang members.
The decision means the administration does not immediately have to try to return Abrego Garcia to the United States because a judge-imposed deadline has already expired but "should be prepared to share what it can concerning the steps it has taken and the prospect of further steps," the unsigned decision said.
The district court judge may have exceeded her authority in saying the government had to not just "facilitate" but also "effectuate" Abrego Garcia's return, the court added. The judge has to "clarify its directive, with due regard to the deference owed to the executive branch in the conduct of foreign affairs," the court order said.
There were no dissenting votes, but the court's three liberal justices signed onto a separate statement authored by Justice Sonia Sotomayor saying they agreed that "the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador."

Silent Type
(8,971 posts)Biophilic
(5,520 posts)Justice for Kilmer, the importance of the SC standing up for the law and the constitution, and a middle finger to trump and his gang of low level humans. This would be just a drop in the bucket, but I’ll take any wins right now.
senseandsensibility
(21,662 posts)but of course it never should have gotten to this point.
newdeal2
(2,304 posts)Hopefully this guy gets some justice.
LetMyPeopleVote
(161,641 posts)Irish_Dem
(68,125 posts)LetMyPeopleVote
(161,641 posts)Irish_Dem
(68,125 posts)What power do they have over him?
LymphocyteLover
(7,796 posts)unless he wants to eliminate them, which I don't think he wants to do at this point
Irish_Dem
(68,125 posts)Until that point, he can just ignore them.
Bondi has already told department heads that they are to ignore court orders.
LymphocyteLover
(7,796 posts)
Irish_Dem
(68,125 posts)He is a ruthless psychopath and someone is cranking him up even worse than usual.
He is drunk on his own narcissistic ego supply and out of control.
LymphocyteLover
(7,796 posts)Irish_Dem
(68,125 posts)Real hope is reality based, not based on fantasy and delusion.
This is crucial especially when the facts are dire.
I come from a military family. We fight to the end.
And we always have some hope to prevail.
But we first face reality based on facts.
And look for a toehold to prevail.
LymphocyteLover
(7,796 posts)
bluestarone
(19,564 posts)SC order. Are YOU and TSF gonna say fuck the supreme court?
yellowcanine
(36,443 posts)
LetMyPeopleVote
(161,641 posts)Norrrm
(1,195 posts)"Trump officials have argued that they have no power to return Abrego García because he is now in the custody of El Salvador."
Bullshit!
America is paying to keep him there.
Stop paying.
LetMyPeopleVote
(161,641 posts)pnwmom
(109,823 posts)They say he is required to facilitate but not effectuate the return.
usedtobedemgurl
(1,640 posts)And get their due process. I do not trust the others are gang members. We have a process for reasons.
Volaris
(10,813 posts)There isn't anything left to bring back except a body in a bag that can't talk to the Press or file the biggest damn civil rights lawsuit in American history.
Cha
(309,675 posts)tell them How to Do their Business... Stupid Fucks.
Jit423
(1,205 posts)LetMyPeopleVote
(161,641 posts)I love the Deadline Legal Blog-“He sits in a foreign prison solely at the behest of the United States, as the product of a Kafka-esque mistake,” Kilmar Abrego Garcia’s lawyers said.
https://bsky.app/profile/tanyashklyarov.bsky.social/post/3lmiqvbmcck2y
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-ruling-deported-el-salvador-trump-abrego-garcia-rcna200107
After the Trump administration admitted that it had wrongly deported Kilmar Abrego Garcia to El Salvador, a federal judge in Maryland had ordered the government to “facilitate and effectuate” his return by 11:59 p.m. Monday, April 7. A federal appellate panel declined the administration’s request to halt the judge’s order, but Chief Justice John Roberts temporarily granted the request on the afternoon of that midnight deadline, pending further word from him or the full high court.
That word came Thursday with an order that said the judge had properly required 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. But the order also said that the “intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority,” adding: “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
In statement accompanying Thursday’s order, the court’s three Democratic appointees said they would’ve declined to intervene in this litigation and effectively held the government to the judge’s directive.
“Nevertheless, I agree with the Court’s order that the proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson. “That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard, in any future proceedings.”
“In the proceedings on remand, the District Court should continue to ensure that the Government lives up to its obligations to follow the law,” Sotomayor added, with “remand” referring to the process of a case being sent back to a lower court......
Notably, the Supreme Court majority said in that case that people facing deportation under the Alien Enemies Act are still entitled to due process. In a filing to the justices on Tuesday, Abrego Garcia’s lawyers cited Monday’s Alien Enemies Act ruling in writing that, while his case doesn’t involve that act, the court’s due process protection in that case “supports Abrego Garcia’s position that the Government violated his due process rights by removing him to El Salvador.” They wrote that the justices’ unanimous insistence on due process “underscores that Abrego Garcia — who was removed without reasonable notice or an opportunity to challenge his removal before it occurred, and in conceded violation of a court order prohibiting his removal to that country — must have a remedy for this constitutional violation.”
The DOJ should do everything possible to obtain the return of Mr. Garcia. The SCOTUS is clear that there will be need a real reason for the DOJ to not take all possible steps to facilitate this return
lindysalsagal
(22,630 posts)He should sue the government for millions.
Polybius
(19,758 posts)Are we legally required to go there with force and get him back?
LetMyPeopleVote
(161,641 posts)k_buddy762
(41 posts)when SCOTUS needs to rule on, order, and mandate from the bench SIMPLE HUMAN DECENCY!!!!
LetMyPeopleVote
(161,641 posts)doc03
(37,707 posts)returned to the USA. It's just a made to order decision for Trump to endlessly skirt the law.
If he is really locked up with gang members, will he survive to be brought back.
doc03
(37,707 posts)to happen. From that spineless order Trump can drag it out forever just like he has with the law his entire life.
LetMyPeopleVote
(161,641 posts)This poor man is in a hellish place and the trump administration wants to delay responding to the trial judge's requests for information. This is bad faith
Link to tweet


LetMyPeopleVote
(161,641 posts)LetMyPeopleVote
(161,641 posts)LetMyPeopleVote
(161,641 posts)This judge is getting pissed at trump's DOJ
Link to tweet
https://thehill.com/regulation/court-battles/5244546-judge-trump-doj-mistakenly-deported-man/
Following the Supreme Court’s ruling Thursday evening that upheld the thrust of U.S. District Judge Paula Xinis’s order, she scheduled a Friday hearing in her Greenbelt, Md., courtroom at 1 p.m. EDT.
The Justice Department asked Xinis to postpone the hearing until next Wednesday and delay a Friday morning deadline to provide a written update, saying the timeline was “impracticable.”
The judge agreed to give the government two additional hours to provide the written update but declined to move the hearing, chastising the Justice Department for its demand.
“First, the Defendants’ act of sending Abrego Garcia to El Salvador was wholly illegal from the moment it happened, and Defendants have been on notice of the same,” Xinis wrote.
She went on to say that the government’s suggestion that it needs “time to meaningfully review a four-page Order that reaffirms this basic principle blinks at reality."
LetMyPeopleVote
(161,641 posts)LetMyPeopleVote
(161,641 posts)At the hearing the DOJ is refusing to tell the court what had been done to return Mr. Garcia
Link to tweet
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The trial court is pissed