Judge in Abrego Garcia case tells DOJ she has "no tolerance for gamesmanship"
Last edited Tue Apr 15, 2025, 06:41 PM - Edit history (1)
Source: CBS News
Updated on: April 15, 2025 / 5:05 PM EDT
Greenbelt, Maryland A federal judge on Tuesday admonished the Department of Justice for not complying with her order to facilitate the release of a Maryland man who the Trump administration admitted had been mistakenly deported to a prison in El Salvador. "We have to give process to both sides, but we're going to move
there will be no tolerance for gamesmanship or grandstanding," U.S. District Court Judge Paula Xinis said at the start of a hearing in the case involving Kilmer Abrego Garcia, who was sent to El Salvador last month.
Lawyers for Abrego Garcia and the Justice Department faced off in Xinis' courtroom Tuesday, one day after El Salvador's President Nayib Bukele said he would not be returning Abrego Garcia. Drew Ensign, a Justice Department attorney, said Tuesday that the Trump administration would facilitate Abrego Garcia's return if he arrived at a port of entry, and continued to dodge straightforward questions on what the Trump administration is doing, if anything, to return the man.
Joseph Mazzarra, acting general counsel of the Department of Homeland Security, said in a filing shortly before the hearing that if Abrego Garcia does show up at a port of entry, he would be detained by the Department of Homeland Security and either removed to a third country or be stripped of a legal protection that he was granted in 2019, which forbid immigration authorities from removing him to his home country of El Salvador.
To revoke that legal status, known as withholding of removal, the Department of Homeland would have to re-open his immigration case and ask an immigration judge to terminate it. Xinis ordered for the depositions to be completed by April 23. When the Justice Department suggested they might invoke privilege, Xinis told them "cancel vacation, cancel other appointments" and added that she expects "all hands on deck."
Read more: https://www.cbsnews.com/news/kilmar-abrego-garcias-court-trump-deportation-el-salvador-president/

HereForTheParty
(847 posts)Sounds to me like she's punting.
slightlv
(5,403 posts)but I don't think she.. or any other judge in this country, no matter how high in the hierarchy... has ANY idea how to deal with this lawless administration. If they did, they'd be working with lawyers to file charges of treason and immediate removal from office on trump, miller, his cabinet, musk, and many others (including at least SOME) elected officials.
Our entire constitution and legal world revolves around principles, processes, and standards. One of those standards is that everyone agrees on the outline of these. Up until now, men (because it's mostly been their domain) have been honorable enough to conduct themselves within the limits of these rules. Yes, some stretched them to get the lawless off free, but overall, the processes held.
Because of complacency or apathy or expectations, no judge has had to think of what the other side of this entails and what they would be required to do. It's like the military being given an unlawful order. Do you not think and just go with your training? Or do you actually act like a human, engage brain and critical thinking, and determine how best to achieve the objective?
I'd bet our law schools don't teach this kind of thing in class. The old adage we gave the Bush administration is appropriate here: "No one could have thought..." In fact, I think it's more than doubly appropriate to these times. The only way to bring Garcia home (in a seat or a body bag) will be by ACTION from the court... not just stern words. But our judges haven't been taught when and where and how this is appropriate, such that it's as second nature as filing a pleading or something. I'm not excusing them. They're suppose to have superior brain power and critical thinking skills... and really, how hard is this to see if we numbnuts behind our keyboard can see it? (gryn). Do it... dare trump to get SCOTUS involved once again... and demand the SCOTUS speak in plain language to the people of the United States... not some high flying legalese. Make them choose one side or the other on risk of losing their positions, either actually or through threat of force and harrassment.
I can't see how we'll hit any larger crisis point in the United States. True, trump will push the boundaries even further once he gets away with disappearing Garcia. But this is a certain control point for him. Fight him now, make him back himself up, and then take the fall when it's shown to be completely unconstitutional in any number of amendments. If not, prepare to be disappeared. I figure it won't take that long before DOGE has all the state election registrations and will start disappearing everyone who declared "Democrat"...
Dan
(4,598 posts)But I do think that the Judges can seek through the Bar (or whatever) to revoke the law licenses of the lawyers. That might be the first steps, in addition maybe can revoke the lawyers abilities to practice law in their courts.
questionseverything
(10,715 posts)A judge can throw just about anyone in jail for contempt, lets get this started
*rump will run out of mouth pieces pretty quickly
The "larger crisis" is that we have a gang posing as a government. The Chief Traitor violated Section 3 of the Fourteenth Amendment in plain sight. But neither the opposition politicians nor the self-styled "mainstream" press are willing to call him Your Fraudulency.
https://marvindjones.blogspot.com/2025/04/the-basic-decision.html
regnaD kciN
(26,979 posts)Right now, shes ordering expedited discovery, which the regime has been trying to stall all along. This is a necessary step for a finding of civil contempt, which she even referred to in her comments. Such a finding would be necessary for her to order the jailing of the appropriate authorities (which the president cannot pardon) until KAG is returned to the U.S., which is likely the only way to pressure the regime into complying.
Of course, we should realize that any such finding would instantly be appealed, and would likely cause me before SCOTUS. That is when we will see, once and for all, whether we are still a nation of laws or a banana(s) republic.
in2herbs
(3,700 posts)and not civil???
IMO the only way F47 can't invoke his pardon authority is if the matter is a state matter.
Wiz Imp
(4,759 posts)she will definitely issue once all these legal technicalities are worked through. Yes, it takes way to long, but she's made it pretty clear she's going to do the right thing - she just once to make sure once she issues the ruling, that it will stick.
slightlv
(5,403 posts)And I've wondered before, but never thought to ask while I've been replying anywhere... on what grounds is it okay to disappear a person, through legal or extralegal means either one, to a foreign country's prison? Have we ever done this before... and I'm purposely not counting Guantanamo here because that part of the island is supposedly ours as leased. Isn't what he is doing, from top to bottom, illegal? "Capturing" these people... even setting up traps to trick them... is kidnapping in my book. But even more than that, when did we ever just shuttle people to jail in another country as standard behavior?
Would the "average Joe" off the street be counted as not having standing to file a case? I know no one will, and there are people higher up pursuing these avenues. But, I'm just wondering, since trump is using OUR tax dollars to do all this kidnapping and out of country prisons, wouldn't we necessarily have standing? My personal opinion is that we should be granted standing, but in this court system, it would be dismissed out of hand. As you can see, I've lost any hope I ever had toward justice in this country.
in2herbs
(3,700 posts)JBTaurus83
(255 posts)we already know they won't comply, so it should be interesting to see if she takes swift action.
Irish_Dem
(68,464 posts)Like my grandma always said, talk is cheap.
Magoo48
(6,244 posts)Irish_Dem
(68,464 posts)Stop playing games and make some strong immediate orders.
Yes Trump will ignore it, but at least she can do the right thing on her end.
Response to BumRushDaShow (Original post)
flamingdem This message was self-deleted by its author.
Iamscrewed
(113 posts)And repeat, groundhog day.
OMGWTF
(4,679 posts)Then shit will start to move forward when the dumbass Red States start to feel the pain and they finally wake the fk up (go woke -- LOL). T💩p is like a toddler testing just how far he can go.
in2herbs
(3,700 posts)the contempt order we will be certain there is no democracy.
Dark n Stormy Knight
(10,349 posts)no respect for the independence of the judiciary, no empathy, no honor.
Warpy
(113,237 posts)the judiciary starts to throw some of those punk l;awyers into jail for contempt in an effort to jog their memories of those long ago constitutional law classes.
JustABozoOnThisBus
(24,082 posts)Bondi and Trump do not give a shit about a couple of lawyers sitting in a cell at the courthouse. They will just line up some more lawyers to throw into the breach.
And, because there are new lawyers on the case, they'll need a delay to catch up.
moonshinegnomie
(3,309 posts)i suspect she will hold administration officials in contempt. its just a matter of how high she is willing to go.
Warpy
(113,237 posts)because that ignorant man thinks a lawyer is a lawyer and doesn't recognize that there are specialties within law just like there are within medicine.
Second, jail has been used to good effect in the past to persuade reluctant witnesses and attorneys alike to repect the power of the judiciary. Without at least the threat of such consequences, a contempt charge is meaningless.
JustABozoOnThisBus
(24,082 posts)But, if there are consequences, they will not be suffered by Bondi or Trump. They have attorneys who can suffer the consequences, spend time in jail, lose their license to practice law, whatever. Bondi and Trump don't care about them.
Bayard
(24,777 posts)That's just ridiculous.
SSJVegeta
(393 posts)bluestarone
(19,625 posts)They could take the attitude that hey we don't have to be there. So they don't own us completely yet.
melm00se
(5,097 posts)for Trump and put him on the spot. Ask him, under oath, why he is ignoring the Court's order?
The Supreme Court has already held (twice) that a president is subject to subpoenas.
moniss
(7,093 posts)another week or so for motions, then another week or so for a court date for hearing. Then a few days to rule and another week or two for the court of appeals to rule on the DOJ appeal. Then a month or so for the SC to decide whether to take the matter or ..........woops!!! the current session ends in June only 8 or 10 weeks away. Well maybe in the fall term they'll take up the question. After all "Cash and Carry" Clarence probably has a roadtrip planned in that beautiful RV or perhaps a billionaire boot-licking session somewhere. The normal order of court business for the SC.
William769
(58,723 posts)It's a done deal. Does not matter what any judge, it does not matter what the Supreme court says. America is an autocracy now. Judges will be ignored for awhile then they'll start being jailed. It's going to take We The People to stop it.
33taw
(3,151 posts)BumRushDaShow
(151,125 posts)there is no "recall" authority permitted for federal office holders. It's basically a "state" thing, and even then, many states have no provision for a recall.
in2herbs
(3,700 posts)House of Representatives in their states?
Such a move could stunt the gerrymandering, increase the number of Ds in the House, and begin to give US a representative government.
Anyone have an answer?
BumRushDaShow
(151,125 posts)THAT number is set by Congress, not the states. The last time this was done was in 1929 when the number was set to 435.
republianmushroom
(19,546 posts)Last edited Wed Apr 16, 2025, 02:41 PM - Edit history (1)
What are you going to do judge ?
No one is above the law, Ha Ha Ha