Sam Stein and Andrew Egger discuss the breaking news on Trump's legal team defying the SCOTUS ruling to bring Kilmar Abrego Garcia, who was wrongly deported to El Salvador, back to the United States.
Supreme Court needs to meet again. (1) Somebody here said "The lawyers are not in contempt, their client (the Administration) is." (2) Military pledges to uphold the Constitution, which includes the Bill of Rights. (3) According to a piece at LOC.gov (Library of Congress), those amendments were added as some felt our original constitution had a flaw, could let a central authority run all over us. Some sources:
The fantastic paradox of MAGA. The U.S., under Trump, is simultaneously the most awe-inspiring global bully, capable of dominating the globe while also being unable to do anything.
This has been an ongoing, slow-rolling constitutional crisis.
This might be peak constitutional crisis to date, as it is obvious refusal to comply even w SCOTUS rulings. But it’s just one step up from yesterday, and the day before. And we know it will get worse.
This is the monster the GOP, their base voters, and Roberts himself created.
This is also the monster America, by a plurality, deserves. We can’t say we’re better that this, on the whole. Because we voted for all this immorality, illegality and self-serving on Trump’s part, TWICE. And he’ll likely not give us the opportunity to change our collective mind for a third time. He’ll just take a third and perpetual term. By any means he finds necessary.
From NBC reporting July 2024: in the 2.5 years since Bukele's 2022 state of emergency declaration, at least 261 people have died in El Salvador prisons.
88 may have been the 'result of a criminal act, but the specific acts were not detailed."
87 attributed to "illness"
14 related to "apparent acts of violence"
72 had "no immediately identifiable cause"
261 deaths associated with prisons during the 2.5 years of Bukele's declared state of emergency, as of July of last year. The declaration remains in effect.
I wonder how many of these men have been getting along. This individual could be flown home today, if Trump wished. He does not wish to do so, because the admission of error could lead to the challenging of other cases of improper incarceration of possibly innocent men. Something Trump must avoid at all costs. I think it's maybe 50/50 this man will be returned, to rightfully receive his due process on U.S. soil.
A good conversation. As usual, Trump is drawing attention away from it with an alarming warning: “The White House has a threatening message for anyone who might even be PERCEIVED to disagree with the president. Don’t. Or else.” The crackdown against legal dissent--including court challenges and our free speech here on SubStack-- just took a giant leap forward.
Isn’t the most obvious thing that the poor man is dead because that place is clearly a death camp which was always Trump’s plan all along. Trump never planned on paying beyond the initial $6 million payment. No “ongoing” fees.
Trump wants to disappear people will he nil he, with impunity. He wants to disappear ANYONE he wants to, even U.S. citizens from birth. He's sending them to a foreign gulag (What? We can't build our own gulags?) So ge can argue against bringing them home. This monster needs to GO.
Could it be like the child separation last time the Trump administration did not care enough to even make an effort to keep track of these people. EVIL personified.
Why do you guys seem surprised by Trump’s lawyers’ tactics?
Yesterday in a comment on the pod Sam did with Kyle Cheney right after SCOTUS issued its decision, I wrote that SCOTUS’ decision required the govt to do nothing except to “say” it had tried to free Garcia.
If the govt fulfilled the minimal requirement of saying that it had tried to free Garcia, beyond that Court did not actually order the govt to give any account of steps taken to try to free Garcia, but only asked—very politely—that “the Government should be prepared to share what it can concerning the steps it has taken.” In the polite formula—the Government should “share what it can”—is the implication that the govt itself gets to decide what it can share, that the Court has no power to compel the govt to disclose anything about its efforts.
Thus, Roberts’ decision—obviously he was the main author—provided a clearly marked roadmap that would allow the govt to continue its course unchanged, by merely saying:
“We tried, but can’t get him back. And (sorry, not sorry) we can not ‘share’ any details about our efforts because the details, in this foreign policy matter the Constitution assigns solely to the president to conduct, are too sensitive to disclose.”
Simply put, Roberts’ decision had zero effect on the govt’s position or tactics in this case.
Before Roberts issued his decision, Trump’s lawyers stonewalled, defied court orders, lied about facts to the point of firing a govt lawyer who skirted too close to the truth, and refused to provide the court with relevant factual information.
After Roberts issued his decision and sent the case back to the district judge to implement the decision, Trump’s lawyers immediately continued to do exactly what they had been doing before Roberts issued his decision. The only difference now is that the Roberts decision effectually instructed the govt how it can, without risk of judicial intervention deprive a foreigner or a citizen of due process (and their freedom and possibly their life) by kidnapping them into the control of a foreign government, and then pleading——without proof—an inability to secure their return.
The upshot of Roberts’ decision is this advice to the government and its lying lawyers: “Just say you tried, and although we in the judiciary might fuss around about it, in the end we will have to take your word for it.”
We shouldn’t be shocked that Trump’s lawyers are doing exactly what Roberts told them they could do. The Court will not save us.
Here’s a link to the similar and related comment I posted yesterday on Sam’s pod with Kyle Cheney.
Except this was returned to the lower court judge who rewrote the instruction to be very clear. They’re in violation of SCOTUS, they ordered the return, not a feeble attempt.
This case will probably go back to SCOTUS quite soon, and then we’ll see for sure whether Roberts’ Court can gather the collective will to compel Trump’s underlings to make a real effort to free Garcia. The govt’s response on remand indicates—at the very least—that the govt believes SCOTUS’ decision is toothless.
They (the Trump administration) are stonewalling. I find this cruel and completely lawless. And this poor man and his family are caught in the middle. And this family will not be the only one caught up in this shit show.
Supreme Court needs to meet again. (1) Somebody here said "The lawyers are not in contempt, their client (the Administration) is." (2) Military pledges to uphold the Constitution, which includes the Bill of Rights. (3) According to a piece at LOC.gov (Library of Congress), those amendments were added as some felt our original constitution had a flaw, could let a central authority run all over us. Some sources:
loc .gov/item/2021667570 and
guides.loc.gov/bill-of-rights?
I bet the Justices wish they hadn't granted Donald immunity. Who will win the Supreme Court or Trump?
This isn't difficult to understand. If Trump wins, he can deport anyone he wants, even citizens. Donald is just an asshat.
The fantastic paradox of MAGA. The U.S., under Trump, is simultaneously the most awe-inspiring global bully, capable of dominating the globe while also being unable to do anything.
Of course, it's unwilling to do anything, but...
Trump learned one general lesson as a wealthy bully in Manhattan. If challenged, stall via court filings and never admit wrongdoing.
Sadly the courts have helped Trump with his stalling for... ideological reasons?
This has been an ongoing, slow-rolling constitutional crisis.
This might be peak constitutional crisis to date, as it is obvious refusal to comply even w SCOTUS rulings. But it’s just one step up from yesterday, and the day before. And we know it will get worse.
This is the monster the GOP, their base voters, and Roberts himself created.
This is also the monster America, by a plurality, deserves. We can’t say we’re better that this, on the whole. Because we voted for all this immorality, illegality and self-serving on Trump’s part, TWICE. And he’ll likely not give us the opportunity to change our collective mind for a third time. He’ll just take a third and perpetual term. By any means he finds necessary.
Hey Bulwark, those quotes you put up are wicked hard to read with those damn firecrackers going on in the background.
From NBC reporting July 2024: in the 2.5 years since Bukele's 2022 state of emergency declaration, at least 261 people have died in El Salvador prisons.
88 may have been the 'result of a criminal act, but the specific acts were not detailed."
87 attributed to "illness"
14 related to "apparent acts of violence"
72 had "no immediately identifiable cause"
261 deaths associated with prisons during the 2.5 years of Bukele's declared state of emergency, as of July of last year. The declaration remains in effect.
I wonder how many of these men have been getting along. This individual could be flown home today, if Trump wished. He does not wish to do so, because the admission of error could lead to the challenging of other cases of improper incarceration of possibly innocent men. Something Trump must avoid at all costs. I think it's maybe 50/50 this man will be returned, to rightfully receive his due process on U.S. soil.
I would not be surprised if the poor man is not dead. El Salvador will claim that he died of “natural causes.”
Someone must be charged with contempt.
A good conversation. As usual, Trump is drawing attention away from it with an alarming warning: “The White House has a threatening message for anyone who might even be PERCEIVED to disagree with the president. Don’t. Or else.” The crackdown against legal dissent--including court challenges and our free speech here on SubStack-- just took a giant leap forward.
Isn’t the most obvious thing that the poor man is dead because that place is clearly a death camp which was always Trump’s plan all along. Trump never planned on paying beyond the initial $6 million payment. No “ongoing” fees.
Trump wants to disappear people will he nil he, with impunity. He wants to disappear ANYONE he wants to, even U.S. citizens from birth. He's sending them to a foreign gulag (What? We can't build our own gulags?) So ge can argue against bringing them home. This monster needs to GO.
Could it be like the child separation last time the Trump administration did not care enough to even make an effort to keep track of these people. EVIL personified.
Why do you guys seem surprised by Trump’s lawyers’ tactics?
Yesterday in a comment on the pod Sam did with Kyle Cheney right after SCOTUS issued its decision, I wrote that SCOTUS’ decision required the govt to do nothing except to “say” it had tried to free Garcia.
If the govt fulfilled the minimal requirement of saying that it had tried to free Garcia, beyond that Court did not actually order the govt to give any account of steps taken to try to free Garcia, but only asked—very politely—that “the Government should be prepared to share what it can concerning the steps it has taken.” In the polite formula—the Government should “share what it can”—is the implication that the govt itself gets to decide what it can share, that the Court has no power to compel the govt to disclose anything about its efforts.
Thus, Roberts’ decision—obviously he was the main author—provided a clearly marked roadmap that would allow the govt to continue its course unchanged, by merely saying:
“We tried, but can’t get him back. And (sorry, not sorry) we can not ‘share’ any details about our efforts because the details, in this foreign policy matter the Constitution assigns solely to the president to conduct, are too sensitive to disclose.”
Simply put, Roberts’ decision had zero effect on the govt’s position or tactics in this case.
Before Roberts issued his decision, Trump’s lawyers stonewalled, defied court orders, lied about facts to the point of firing a govt lawyer who skirted too close to the truth, and refused to provide the court with relevant factual information.
After Roberts issued his decision and sent the case back to the district judge to implement the decision, Trump’s lawyers immediately continued to do exactly what they had been doing before Roberts issued his decision. The only difference now is that the Roberts decision effectually instructed the govt how it can, without risk of judicial intervention deprive a foreigner or a citizen of due process (and their freedom and possibly their life) by kidnapping them into the control of a foreign government, and then pleading——without proof—an inability to secure their return.
The upshot of Roberts’ decision is this advice to the government and its lying lawyers: “Just say you tried, and although we in the judiciary might fuss around about it, in the end we will have to take your word for it.”
We shouldn’t be shocked that Trump’s lawyers are doing exactly what Roberts told them they could do. The Court will not save us.
Here’s a link to the similar and related comment I posted yesterday on Sam’s pod with Kyle Cheney.
https://open.substack.com/pub/thebulwark/p/scotus-order-trump-administration?r=2k6d1&utm_campaign=comment-list-share-cta&utm_medium=web&comments=true&commentId=107959411
Except this was returned to the lower court judge who rewrote the instruction to be very clear. They’re in violation of SCOTUS, they ordered the return, not a feeble attempt.
I wish it were so!
This case will probably go back to SCOTUS quite soon, and then we’ll see for sure whether Roberts’ Court can gather the collective will to compel Trump’s underlings to make a real effort to free Garcia. The govt’s response on remand indicates—at the very least—that the govt believes SCOTUS’ decision is toothless.
They (the Trump administration) are stonewalling. I find this cruel and completely lawless. And this poor man and his family are caught in the middle. And this family will not be the only one caught up in this shit show.