Anna Bower is live-skeeting (or whatever you call that) the 4:00 p.m. Garcia hearing.

Ensign now points to paragraph 9 of the declaration by a government official, which it submitted earlier today, regarding what would happen if Garcia presented at a point of entry. Declaration said he'd be removed to 3rd country or back to El Salvador after withholding of removal removed...

— Anna Bower (@annabower.bsky.social) 2025-04-15T20:21:54.749Z

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
34m
The hearing is underway.

Drew Ensign is here for the Justice Department.

For Abrego Garcia, it’s Rina Gandhi

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
31m
Judge Xinis notes that the plaintiff has asked for additional relief -- discovery, request his return, etc.

Plaintiff's counsel says SCOTUS ruled that the gov must facilitate his release from custody in El Salvador. But there's no evidence of anything govt has done to facilitate his return.

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
29m
The gov routinely requests return of people wrongly removed, but no evidence that they've done that, plaintiff's counsel says.

Plaintiff wants deposition of someone on behalf of the government...

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
21m
[Sorry, connection interruption.]

Judge Xinis is talking to Ensign now, asking what he would take away from the Oval Office meeting yesterday. Xinis doesn't think it counts as evidence. Ensign says he shows position of El Salvador...they don't want to release "terrorists"

‪Anna Bower‬ ‪@annabower.bsky.social‬
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20m
Xinis: If I make finding of contempt, it will be based on record before me. And I don't consider the transcript you gave me 15 minutes ago to be sufficient. Question is what you have done to facilitate release and what to ensure that his case is handled as it would have been had he not been sent

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
19m
Ensign: Ascertaining the position of El Salvador is important...also in transcript of Oval Office meeting is statement of Bondi saying we would facilitate his return.

Xinis: We're gonna do this by rule of civil procedure. Press conference won't do. We're gonna do interrogatories...follow rules...


‪Anna Bower‬ ‪@annabower.bsky.social‬
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18m
Xinis: I'll remind everyone here that there are no business hours. It'll be two weeks of "intense" discovery. Once we have record, take it from there.

Ensign: Transcript of oval office meeting sets forth evidence consistent w/ federal rules of civil procedure..

Anna Bower
‪@annabower.bsky.social‬

Follow
Ensign now points to paragraph 9 of the declaration by a government official, which it submitted earlier today, regarding what would happen if Garcia presented at a point of entry. Declaration said he'd be removed to 3rd country or back to El Salvador after withholding of removal removed...
April 15, 2025 at 4:21 PM


‪Anna Bower‬ ‪@annabower.bsky.social‬
·
15m
Xinis: Have you done it? [Brought him back?] If you haven't done it, speculative....

Ensign: If he presents at port of entry or embassy, he would be taken into US custody...this is narrow issue of what "facilitate" means

Xinis: I disagree, and I'm prepared to issue order on what facilitate means..

‪Anna Bower‬ ‪@annabower.bsky.social‬
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12m
Xinis: This case the SCOTUS has made clear is a context not just in the ether of "pure law"...it's matter of whether defendants complying w/ order to release from custody in El Salvador

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
12m
Xinis: Gov has taken differing positions in past of what "facilitate means"...doesnt necessarily mean you have to gas up plane, but you have done it before

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
11m
Ensign mentions potential appeal.

Xinis: the Supreme Court has spoken, there is in my view nothing to appeal....So in my view, Xinis says, we do discovery. Now, do you wish to be heard on scope of discovery?

‪Anna Bower‬ ‪@annabower.bsky.social‬
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9m
Ensign asks Xinis to issue additional order clarifying scope of her TRO/injunction.

Xinis: Not that difficult. The Supreme Court has spoken. Let's talk about what SCOTUS has unequivocally deemed to be lawful. You made your arguments there, and this is now about the scope of the remedy....

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
8m
Xinis: We're gonna do it in a targeted way but we're not going to take a whole lot of time doing it [discovery]

Ensign: We've made clear court doesn't have authority to make this request of executive...

Xinis: I'm not doing that. There's so much daylight between that and what's happening here..


‪Anna Bower‬ ‪@annabower.bsky.social‬
·
7m
Xinis: To talk in generalities is simply delaying the process we need to go through to determine whether you've done what you can in good faith to comply w/ order

Ensign: Disagree that it's generalities. The plaintiffs have specifically asked court to compel gov to ask El Salvador for his release

‪Anna Bower‬ ‪@annabower.bsky.social‬
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6m
Xinis: But I'm not there yet. I keep going back to what SCOTUS said was "squarely" in my power and my view that you have not fulfilled the mandate I've issued. Discovery will bear that out, bc the affidavits are insufficient

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
5m
Ensign repereats his view that there are pure issues at law at play here that do not require discovery.

Xinis: Ok, I'll give you my order and you can object..this is what district courts are authorized to do [discovery]...courts are referees

Continue thread...

‪Anna Bower‬ ‪@annabower.bsky.social‬
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6m
Xinis: I will issue written order setting out why I think expedited discovery is warranted. It'll happen over 2 weeks. You'll have opportunities to respond, etc....

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
5m
Xinis: I'm also going to issue a written letter how you'll get expedited review in this process if meet and confer isn't workable. If everyone operating in good faith, it'll get done in 2 weeks. If not that'll be fact in itself for court to consider

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
4m
Xinis: Depositions to be completed by Wednesday, April 23.

Any impediments to that?

Ensign: We understand court's position

Xinis: So that means no impediments?

Ensign: We don't know at this time who will be deposed...

Xinis: No, I'm saying the people who you've put forward as affiants..

‪Anna Bower‬ ‪@annabower.bsky.social‬
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3m
Ensign: I'm not prepared to put forward objections at this time. One of the affiants is an acting general counsel...

Xinis: you should've considered privilege when you put up as an affiant...but if you have privilege objections, you can get them to me...But any issues producing deponents for depo?

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
2m
Xinis to Ensign: Cancel vacation. Cancel appointments. I'm usually pretty good about that kind of thing, but not this time.


‪Anna Bower‬ ‪@annabower.bsky.social‬
·
1m
Ensign: We will move expeditiously, your honor.

Xinis: Anything else?

Ensign: For the record, we don't think discovery appropriate, because we think this is a legal dispute.

Xinis: Ok, will respond to that in written order. And your objection is preserved.

Continued......

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
16m
Ensign: We will move expeditiously, your honor.

Xinis: Anything else?

Ensign: For the record, we don't think discovery appropriate, because we think this is a legal dispute.

Xinis: Ok, will respond to that in written order. And your objection is preserved.

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
15m
Now plaintiff's counsel up. They have no further statements.

Xinis: It's a tight timeline.

Says there will be requests for production, deponents, interrogatories....

‪Anna Bower‬ ‪@annabower.bsky.social‬
·
14m
Xinis: Keep it targeted, keep it tight, that will keep it moving.

My current target is that at the conclusion of discovery then plaintiffs will supplement their motion by April 28. After reply, will turn to it as soon as possible.

Anna Bower
‪@annabower.bsky.social‬

Follow
And that's it. Hearing over. There will be an expedited discovery period, with depositions set to be completed by 4/23.
April 15, 2025 at 4:43 PM