Okay, the closed hearing is over. We should be resuming with oral arguments shortly. I do have a deadline, I'm afraid. I may not to cut out around 4:30pm, regardless of whether we're done. ..

/167

G: nothing further
Rand has nothing further.

Now Judge Xinis is closing the courtroom for 10 minutes of testimony under seal. After that we'll resume with oral arguments.

/166

And we're back.

"All rise!" as Judge Crenshaw takes his seat behind the bench.

Crenshaw: Are we ready for argument?

McGuire: I'm happy to answer whatever questions the court might have about our positions or the proof

You can catch up on the evidence presented by the government during the last hearing in @rparloff.bsky.social's excellent rundown for @lawfaremedia.org.

www.lawfaremedia.org/article/what...

According to court filings submitted ahead today's hearing, the government plans to call the same witness that it did during the last hearing before the magistrate judge.

The witness is Special Agent Peter Joseph, a homeland security investigator who has worked on Abrego's case.

K: I just wanna understand what we're talking about here...

Xinis [so frustrated]: I just wanna know what's gonna happen if you choose 3rd country removal!

K: ...Once country ID'ed, Abrego will receive notice of country he will be removed to...then opportunity to express fear

Khojasteh: I apologize, your honor. Do you mind asking the question again.

Xinis points him to DHS language re: no further procedures required if diplomatic assurances received.

Khojasteh spends some time reading.

Xinis: My suggestion would be that I would enter a TRO that's just to hold the place of this hearing, saying that if he's released DHS cannot remove him beyond the confines of Tennessee [or where he's held] until we have this hearing...that's what I think will happen if we don't come back tomorrow

Giles still doesn't get it.

He asks for a bathroom break.

We're on recess.

Thanks to everyone who is still following along!

If you appreciate our live coverage, we hope you'll consider supporting our work. Thanks to all who have done so already!!

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Reuveni essentially says that the government is handling the case contrary to his advice and asks for another 24 hours to try to persuade them to try to bring Abrego-Garcia back. DOJ's Reuveni: "I would ask the court to give us, the defendants, one more chance to do this."