@rachaelbari.bsky.social
Reposted
This should make it into a Supreme Court brief pretty quickly
April 18, 2025 at 4:18 PM
This should make it into a Supreme Court brief pretty quickly
Reposted
NEW: DOJ's daily declaration to Judge Xinis in the Abrego Garcia case is identical to yesterday's. storage.courtlistener.com/recap/gov.us...
April 17, 2025 at 8:55 PM
NEW: DOJ's daily declaration to Judge Xinis in the Abrego Garcia case is identical to yesterday's. storage.courtlistener.com/recap/gov.us...
Reposted
Xinis says she's going to force multiple Trump administration officials to sit for depositions over the next 7 days to confirm whether they're complying with the Supreme Court.
Xinis to Ensign: Cancel vacation. Cancel appointments. I'm usually pretty good about that kind of thing, but not this time.
April 15, 2025 at 8:38 PM
Xinis says she's going to force multiple Trump administration officials to sit for depositions over the next 7 days to confirm whether they're complying with the Supreme Court.
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MAJOR SCOOP: The local detective who first accused Mr. Abrego Garcia of being a member of MS-31 was suspended from the police force and indicted merely WEEKS LATER for providing confidential information to a sex worker who he was paying in exchange for sexual acts.
April 15, 2025 at 5:48 PM
MAJOR SCOOP: The local detective who first accused Mr. Abrego Garcia of being a member of MS-31 was suspended from the police force and indicted merely WEEKS LATER for providing confidential information to a sex worker who he was paying in exchange for sexual acts.
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NEW: Kilmar Abrego Garcia's attys tell Judge Xinis that to accept the Trump admin's position would be to render the Supreme Court's order a nullity. "The Government should at least be required to request the release of Abrego Garcia." storage.courtlistener.com/recap/gov.us...
![PLAINTIFFS' REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR ADDITIONAL RELIEF
The Government contends that the term "facilitate" is limited to "remov[ing] any domestic
obstacles that would otherwise impede the alien's ability to return here." ECF No. 65 at 3 (emphasis in original). Not so. The Supreme Court ordered the Government "to "facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador." Noem v. Abrego Garcia, 604 U.S. —
2025 WL 1077101, at *1 (Apr. 10, 2025) (emphasis added). That order is rendered null if construed solely to require removing "domestic obstacles." To give any meaning to the Supreme Court's order, the Government should at least be required to request the release of Abrego Garcia. Id. To
date, the Government has not done so.
Contrary to the Government's assertion that it lacks "authority" to take any such actions,
ECF No. 65 at 5, its own ICE Policy Directive requires DHS supervisors to "fully coordinate at the ... international... level[!" to facilitate the return of removed individuals.' The Secretary of](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreihiu62xi4y26p7ej2a5yktka5pzuryi7vplf42ccz63cziikqun5q@jpeg)
![State announced that the Government delivered an additional ten detainees to El Salvador on Saturday? That involved all three of the actions that the Government contends the courts cannot order: "i) mak[ing] demands of the El Salvadoran government (A1), (ii) dispatch[ing] personnel onto the soil of an independent, sovereign nation (A2), and (iii) send[ing] an aircraft into the airspace of a sovereign foreign nation... (A3)." ECF No. 65 at 4. The Government holds contractual rights to send prisoners to its "contract facility," where the United States has
"outsourced" part of its prison system, and it holds "the power to secure and transport [its] detainees, Abrego Garcia included." ECF No. 31 at 11-12. It can exercise those same contractual rights to request their release, as the detainees are being held "pending the United States' decision on [their] long term disposition." Id. at 6.
Since this Court's April 10 order on remand, clarifying that the Government is required to
"take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible," ECF No. 51 at 1, and this Court's April 11 order requiring daily updates, ECF No. 61 at 2, the Government's updates do not indicate that any steps have been taken to comply with this Court's and the Supreme Court's orders, ECF Nos. 63, 64, 74. There is no evidence that anyone has requested the release of Abrego Garcia.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreicriodmcvlkvmzx6oirblrds7vpwuzazdstnmpey5r74umiylwfxm@jpeg)
April 15, 2025 at 3:48 PM
NEW: Kilmar Abrego Garcia's attys tell Judge Xinis that to accept the Trump admin's position would be to render the Supreme Court's order a nullity. "The Government should at least be required to request the release of Abrego Garcia." storage.courtlistener.com/recap/gov.us...
Reposted
Vance demonstrates how absurd and mean-spirited they are. How about this: just try asking the president of El Salvador to send him back? The failure to do that gives everything away. They believe in cruelty and want to defy the courts.
April 15, 2025 at 12:13 PM
Vance demonstrates how absurd and mean-spirited they are. How about this: just try asking the president of El Salvador to send him back? The failure to do that gives everything away. They believe in cruelty and want to defy the courts.
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1. You haven’t proven he’s a gang member (due process)
2. He had a legal right to be here and you haven’t proven that right should be stripped (due process)
3. “Invade” is a dishonest effort to misconstrue the debate
4. You’re saying the Trump admin is too weak to make El Salvador do this??
2. He had a legal right to be here and you haven’t proven that right should be stripped (due process)
3. “Invade” is a dishonest effort to misconstrue the debate
4. You’re saying the Trump admin is too weak to make El Salvador do this??
April 15, 2025 at 12:34 PM
1. You haven’t proven he’s a gang member (due process)
2. He had a legal right to be here and you haven’t proven that right should be stripped (due process)
3. “Invade” is a dishonest effort to misconstrue the debate
4. You’re saying the Trump admin is too weak to make El Salvador do this??
2. He had a legal right to be here and you haven’t proven that right should be stripped (due process)
3. “Invade” is a dishonest effort to misconstrue the debate
4. You’re saying the Trump admin is too weak to make El Salvador do this??
Reposted
Among the many indignities of this moment is not only do you have to watch the country slide into authoritarianism but you have to hear excuses for it in Vance's whiny "ms. teacher forgot to give us homework" voice
Either the U.S. government *is* able to exert monetary and diplomatic pressure on El Salvador sufficient to produce Abrego Garcia’s release, or it isn’t.
The latter would be either a bald-faced lie or a pretty stunning concession of our national impotence. The Vice President should pick one.
The latter would be either a bald-faced lie or a pretty stunning concession of our national impotence. The Vice President should pick one.
April 15, 2025 at 12:33 PM
Among the many indignities of this moment is not only do you have to watch the country slide into authoritarianism but you have to hear excuses for it in Vance's whiny "ms. teacher forgot to give us homework" voice
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I gauge the relative horror of each passing day with a scientific measurement I call the WASF meter--which is a count of how many times each day I catch myself quietly muttering "We Are So Fucked." The WASF levels today are pretty high.
April 14, 2025 at 6:19 PM
I gauge the relative horror of each passing day with a scientific measurement I call the WASF meter--which is a count of how many times each day I catch myself quietly muttering "We Are So Fucked." The WASF levels today are pretty high.
Reposted
Letter from Dem Senator Chris Van Hollen (MD) requesting a meeting with Salvadoran President Nayib Bukele
To discuss MD father Kilmar Abrego Garcia's return
"If Kilmar is not home by midweek – I plan to travel to El Salvador this week to check on his condition and discuss his release."
To discuss MD father Kilmar Abrego Garcia's return
"If Kilmar is not home by midweek – I plan to travel to El Salvador this week to check on his condition and discuss his release."
April 14, 2025 at 2:45 PM
Letter from Dem Senator Chris Van Hollen (MD) requesting a meeting with Salvadoran President Nayib Bukele
To discuss MD father Kilmar Abrego Garcia's return
"If Kilmar is not home by midweek – I plan to travel to El Salvador this week to check on his condition and discuss his release."
To discuss MD father Kilmar Abrego Garcia's return
"If Kilmar is not home by midweek – I plan to travel to El Salvador this week to check on his condition and discuss his release."
Reposted
I don't really have anything especially profound to say, but yeah man this is it. They won't obey even the most milquetoast SCOTUS orders and are talking about sending US citizens to foreign gulags. It's happened here.
April 14, 2025 at 5:20 PM
I don't really have anything especially profound to say, but yeah man this is it. They won't obey even the most milquetoast SCOTUS orders and are talking about sending US citizens to foreign gulags. It's happened here.
Reposted
The U.S. says it doesn’t have the power to return Abrego Garcia.
El Salvador also says it doesn’t have the power to return Abrego Garcia.
It’s obvious bullshit and depraved to the core.
El Salvador also says it doesn’t have the power to return Abrego Garcia.
It’s obvious bullshit and depraved to the core.
Pam Bondi: “That’s up to El Salvador if they want to return him…If they wanted to return him, we would facilitate it, meaning provide a plane.”
Nayib Bukele: “How can I return him to the U.S.? Like, I smuggle him into the U.S.?”
No, you put him on the plane the AG just said the US would provide!
Nayib Bukele: “How can I return him to the U.S.? Like, I smuggle him into the U.S.?”
No, you put him on the plane the AG just said the US would provide!
April 14, 2025 at 5:43 PM
The U.S. says it doesn’t have the power to return Abrego Garcia.
El Salvador also says it doesn’t have the power to return Abrego Garcia.
It’s obvious bullshit and depraved to the core.
El Salvador also says it doesn’t have the power to return Abrego Garcia.
It’s obvious bullshit and depraved to the core.
Reposted
Lesson to John Roberts and friends: use clear, explicit, directive language or you will be ignored.
(And even with that, you'll probably be ignored, but without it, you definitely will.)
(And even with that, you'll probably be ignored, but without it, you definitely will.)
Pam Bondi: “That’s up to El Salvador if they want to return him…If they wanted to return him, we would facilitate it, meaning provide a plane.”
Nayib Bukele: “How can I return him to the U.S.? Like, I smuggle him into the U.S.?”
No, you put him on the plane the AG just said the US would provide!
Nayib Bukele: “How can I return him to the U.S.? Like, I smuggle him into the U.S.?”
No, you put him on the plane the AG just said the US would provide!
April 14, 2025 at 5:40 PM
Lesson to John Roberts and friends: use clear, explicit, directive language or you will be ignored.
(And even with that, you'll probably be ignored, but without it, you definitely will.)
(And even with that, you'll probably be ignored, but without it, you definitely will.)
Reposted
This is horrifying and should, in any reasonable world, lead to immediate impeachment. On a hot mic, before the media arrived, starting around 7:15 on the time index, Trump tells Bukele he is going to start sending "homegrown criminals" to El Salvadoran gulags. This is fascism.
Before press came in — but while live feed was running on Bukele’s feed — Trump said to him: “home-growns are next. … You’re gonna need to build about 5 more places.”
x.com/nayibbukele/...
x.com/nayibbukele/...
x.com
April 14, 2025 at 4:32 PM
This is horrifying and should, in any reasonable world, lead to immediate impeachment. On a hot mic, before the media arrived, starting around 7:15 on the time index, Trump tells Bukele he is going to start sending "homegrown criminals" to El Salvadoran gulags. This is fascism.
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Why do you think Trump created this video? What RESPONSE do you think he wanted ?
Did he want everyone to panic, rather than talking about how Stewart Rhodes is an adjudged terrorist but Abrego Garcia is not?
Did he want everyone to panic, rather than talking about how Stewart Rhodes is an adjudged terrorist but Abrego Garcia is not?
Trump to Bukele: "Home-growns are next. The home-growns. You gotta build about five more places. It's not big enough."
April 14, 2025 at 5:04 PM
Why do you think Trump created this video? What RESPONSE do you think he wanted ?
Did he want everyone to panic, rather than talking about how Stewart Rhodes is an adjudged terrorist but Abrego Garcia is not?
Did he want everyone to panic, rather than talking about how Stewart Rhodes is an adjudged terrorist but Abrego Garcia is not?
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This is a lie. Here's how Mr. Abrego gets back.
1. Bukele releases him from CECOT.
2. The US gives him humanitarian parole as part of the court order requiring them to facilitate his return.
3. His family buys him a plane ticket.
4. He flies home.
THIS ISN'T HARD.
1. Bukele releases him from CECOT.
2. The US gives him humanitarian parole as part of the court order requiring them to facilitate his return.
3. His family buys him a plane ticket.
4. He flies home.
THIS ISN'T HARD.
COLLINS: Can President Bukele weigh in on this? Do you plan to return Garcia?
BUKELE: How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous
TRUMP: These are sick people
BUKELE: How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous
TRUMP: These are sick people
April 14, 2025 at 4:36 PM
This is a lie. Here's how Mr. Abrego gets back.
1. Bukele releases him from CECOT.
2. The US gives him humanitarian parole as part of the court order requiring them to facilitate his return.
3. His family buys him a plane ticket.
4. He flies home.
THIS ISN'T HARD.
1. Bukele releases him from CECOT.
2. The US gives him humanitarian parole as part of the court order requiring them to facilitate his return.
3. His family buys him a plane ticket.
4. He flies home.
THIS ISN'T HARD.
Reposted
Fed. judge in Kilmar Abrego Garcia's case finds gov't had not complied with her orders.
Orders a daily filing answering her three questions: (1) Abrego's location and status; (2) steps taken to facilitate his resign; (3) steps that will be taken.
storage.courtlistener.com/recap/gov.us...
Orders a daily filing answering her three questions: (1) Abrego's location and status; (2) steps taken to facilitate his resign; (3) steps that will be taken.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
April 11, 2025 at 8:45 PM
Fed. judge in Kilmar Abrego Garcia's case finds gov't had not complied with her orders.
Orders a daily filing answering her three questions: (1) Abrego's location and status; (2) steps taken to facilitate his resign; (3) steps that will be taken.
storage.courtlistener.com/recap/gov.us...
Orders a daily filing answering her three questions: (1) Abrego's location and status; (2) steps taken to facilitate his resign; (3) steps that will be taken.
storage.courtlistener.com/recap/gov.us...
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Update: They filed 45 minutes late and their response can be boiled down to "We won't tell you jack at this time, judge."
The 1:00 hearing is going to be fiery. Sadly, no public call-in line.
The 1:00 hearing is going to be fiery. Sadly, no public call-in line.
April 11, 2025 at 4:20 PM
Update: They filed 45 minutes late and their response can be boiled down to "We won't tell you jack at this time, judge."
The 1:00 hearing is going to be fiery. Sadly, no public call-in line.
The 1:00 hearing is going to be fiery. Sadly, no public call-in line.
Reposted
NEW: Judge Xinis gives the government until *11:30 a.m.* to gives a status report on Abrego Garcia. Hearing remains at 1 p.m. storage.courtlistener.com/recap/gov.us...
![ORDER
The Defendants ask this Court to extend the deadline to respond to its Order at ECF No.
51, arguing that the Defendants require several days to "meaningful[ly] review the Supreme Court's decision," issued last night at 7:00 PM, and that it is "impracticable for Defendants to comply with the Court's 9:30 AM deadline only a few hours after the Supreme Court issued an
order in this case." ECF No. 55. This, Defendants say, supports extension of the filing deadline until April 15, 2025. The Court largely rejects the Defendants' request.
First, the Defendants' act of sending Abrego Garcia to El Salvador was wholly illegal
from the moment it happened, and Defendants have been on notice of the same. Indeed, as the Supreme Court credits, "the United States acknowledges that Abrego Garcia was subject to a
withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal." Noem v. Abrego Garcia, 604 U.S. _
(2025), Slip Op. at 1. Second,
the Defendants' suggestion that they need time to meaningfully review a four-page Order that
reaffirms this basic principle blinks at reality. Third, the Defendants misconstrue the Supreme Court's Order stating that the original deadline at ECF No. 21 is "no longer effective," as](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:qrllvid7s54k4hnwtqxwetrf/bafkreifttdnhd7glhom7kpdxrfi4nc7h52awg3zcwyrgcavi5sjhk4g7re@jpeg)
April 11, 2025 at 2:43 PM
NEW: Judge Xinis gives the government until *11:30 a.m.* to gives a status report on Abrego Garcia. Hearing remains at 1 p.m. storage.courtlistener.com/recap/gov.us...