Judge Paula Xinis to DOJ's Drew Ensign: "While I'm writing, if I don't get a yes [that admin is willing to deport to Costa Rica] then I'll take it as a no. Because you're on notice now."

Rossman says govt. isn't acting in good faith. Points out previous witness said third-country designation would be made by ICE desk agent:

“We’re now hearing that that determination is being made by the Homeland Security Council with the input of the White House.”

Rossman says if the government won't explain why they won't send Abrego Garcia to Costa Rica, especially in the face of three African countries saying no: "I think the only logical inference to draw is that they are using detention as a means of punishment.”

Abrego Garcia attorney Andrew Rossman: “100%, is my understanding. Mr. Abrego Garcia is prepared to go to Costa Rica if that’s where the government decides to send him.”

Schultz says he believes the third-country destination was changed from Uganda to Eswatini because Uganda said no. He was told that Abrego Garcia's name was submitted to Eswatini on Wednesday. Eswatini has also said no.

The DOJ has just asserted presidential communications privilege over details of a phone call between a White House Homeland Security Council staff member and Schultz about the selection of Uganda. After a sidebar, Judge Paula Xinis agrees the privilege applies.