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Mueller, She Wrote: THREAD: Some folks have asked why Donald doesn't just pick up the phone and bring Abrego Garcia back
Bluesky thread starts here
THREAD: Some folks have asked why Donald doesn’t just pick up the phone and bring Abrego Garcia back. Besides the cruelty, what’s the point of defying the lower court’s order? Basically, he wants to see if he can get away with it. 1/
— Mueller, She Wrote (@muellershewrote.com) 2025-04-12T16:15:51.790Z
Mueller, She Wrote
@muellershewrote.com
THREAD: Some folks have asked why Donald doesn’t just pick up the phone and bring Abrego Garcia back. Besides the cruelty, what’s the point of defying the lower court’s order? Basically, he wants to see if he can get away with it. 1/
April 12, 2025 at 11:15 AM
Think back to the immunity ruling. SCOTUS sent it back down to the lower court so it could be appealed again to SCOTUS. That would give the bought-and-paid-for Roberts a second chance to kill the case. It was never going to trial, even if Trump had lost the election. 2/
SCOTUS added some very vague language for the lower court in the immunity ruling, saying the government had to prove whether an official act didn’t have the presumption of immunity based on how much it might impede the power of the executive. 3/
So basically, whatever the lower court decided was subject to vague rules that SCOTUS would get to take a look at a second time. I’m sure they would have tossed enough key evidence and facts to cripple the entire case had it gotten that far. 4/
In the Abrego Garcia case, SCOTUS also issued a vague guideline and remanded to the lower court to interpret it. “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” 5/
That one sentence is what’s allowing Trump to stall the return of Abrego Garcia. To be clear, is IS ignoring the lower courts order to return him, but he could appeal her order on the grounds that he’s not being shown enough deference and due regard. 6/
In fact, he has said he would follow a Supreme Court order, but not a District Court order. So why doesn’t he just call Bukele and bring Abrego Garcia home? I think he wants to defy this order and see if the Supreme Court will let him get away with it. 7/
Why? Because if Trump can legally say “We can’t bring him home” without having to prove it, that means he doesn’t have to bring anyone home. And if he doesn’t have to bring anyone home, he can send anyone there forever. END/
@muellershewrote.com
THREAD: Some folks have asked why Donald doesn’t just pick up the phone and bring Abrego Garcia back. Besides the cruelty, what’s the point of defying the lower court’s order? Basically, he wants to see if he can get away with it. 1/
April 12, 2025 at 11:15 AM
Think back to the immunity ruling. SCOTUS sent it back down to the lower court so it could be appealed again to SCOTUS. That would give the bought-and-paid-for Roberts a second chance to kill the case. It was never going to trial, even if Trump had lost the election. 2/
SCOTUS added some very vague language for the lower court in the immunity ruling, saying the government had to prove whether an official act didn’t have the presumption of immunity based on how much it might impede the power of the executive. 3/
So basically, whatever the lower court decided was subject to vague rules that SCOTUS would get to take a look at a second time. I’m sure they would have tossed enough key evidence and facts to cripple the entire case had it gotten that far. 4/
In the Abrego Garcia case, SCOTUS also issued a vague guideline and remanded to the lower court to interpret it. “The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” 5/
That one sentence is what’s allowing Trump to stall the return of Abrego Garcia. To be clear, is IS ignoring the lower courts order to return him, but he could appeal her order on the grounds that he’s not being shown enough deference and due regard. 6/
In fact, he has said he would follow a Supreme Court order, but not a District Court order. So why doesn’t he just call Bukele and bring Abrego Garcia home? I think he wants to defy this order and see if the Supreme Court will let him get away with it. 7/
Why? Because if Trump can legally say “We can’t bring him home” without having to prove it, that means he doesn’t have to bring anyone home. And if he doesn’t have to bring anyone home, he can send anyone there forever. END/
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