Mommy jurisprudence slaps this Friday afternoon!

ThunderCougarFalconBird said:

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District judge apparently went psycho on the bench this afternoon. Basically said scotus affirmed my order in full and way isn't this guy back and I demand daily updates about what you're doing.

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Judge calls this “extremely troubling.”
Judge asks what steps the Trump Administration has taken to facilitate Abrego Garcia’s return. She says they’ve had plenty of time to get this together.

Government: “The defendants are not yet prepared to share that information. They are…

— Mike Hellgren (@HellgrenWJZ) April 11, 2025

ThunderCougarFalconBird said:

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District judge apparently went psycho on the bench this afternoon. Basically said scotus affirmed my order in full and way isn't this guy back and I demand daily updates about what you're doing.

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Sorry. Couldn't effectuate his return.

So by next week we'll be on here talking about a district judge threatening a US attorney with contempt of court, no?

Bring him back and drop him off at the judges house.

Next week on ***** Official Trump 47 Admin Court Battles ***** ...

District judge w/ TDS re-litigates 222 year-old precedent.

Tempers flare.

A Stanley mug tips over

An extra Marshal in max-tacticool full battle-rattle called in the courtroom.

A awkward situation when the judge, counsel and clerks happen to choose the same lunch spot.

High drama ... you wont wanna miss!

This cracks me up. SCOTUS basically tells the judge to play nice and show appropriate deference to the executive branch when playing in the executive branch's sandbox and the judge ignores them

I'm going to go out on a limb and say that SCOTUS has sent all the veiled hints they will send.

I still don't get how the El Salvador prison prison is OUR issue. If they guy is El Salvadoran, here at our pleasure, and we decide to send him back… what El Salvador does with him after that is THEIR issue. Prison, the street, a 2.5-star resort: entirely up to them!

Khalil removable.

Get Off My Lawn said:

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I still don't get how the El Salvador prison prison is OUR issue. If they guy is El Salvadoran, here at our pleasure, and we decide to send him back… what El Salvador does with him after that is THEIR issue. Prison, the street, a 2.5-star resort: entirely up to them!

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He already had a final order of removal, in 2019. It just included a condition that he not be sent to his native country of El Salvador. Again, the gang he feared though has now been wiped out there. The US Gov't could ask the El Salvador gov't to xfer him to our custody anyway and then send him to any other country, but he has zero right to be returned to the US.

I think I would quibble with this. A "citizen" would have a right to return to the US. Every US citizen who comes to a port of entry has that right.

Abrego Garcia is already subject to a final Order of Removal -- he has no right to return or remain in the US. His only right… https://t.co/6QfrGXa0RP

— Shipwreckedcrew (@shipwreckedcrew) April 11, 2025

Get Off My Lawn said:

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I still don't get how the El Salvador prison prison is OUR issue. If they guy is El Salvadoran, here at our pleasure, and we decide to send him back… what El Salvador does with him after that is THEIR issue. Prison, the street, a 2.5-star resort: entirely up to them!

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One caveat: we do not know the full parameters of the deal struck between the US and El Salvador. Is there a provision for return if the US asks, for instance. Not saying that is the case here but in theory it could be.

Otherwise, I think some form of extradition would be appropriate. OTOH, El Salvador may have their own reasons to detain him for crimes committed within El Salvador first before extradition could take place.

By way of background, this issue has been batted around for decades in the form of wet foot, dry foot litigation.

This happened before in 2007, when a "federal judge ruled that the U.S. government had acted unreasonably when it sent home the 15 Cubans. The judge ordered the government to make its best effort to help the immigrants return to the U.S.. Fourteen of the 15 Cubans re-landed on December 15, 2006, and were given migrant visas."

But this isn't a great example because traditionally Cubans are treated differently Under US immigration law than others.

In any event, it was OBAMA that ended wet foot, dry foot policy in 2017 saying that Cubans that entered illegally could be sent back no matter if they reached dry land or not.

Point is theres less deference toward Salvadorans here, and also that TDS got these people so ****ed in the head that judges are somehow raging against the policy that Obama came up with.

Wild times.

I really appreciate the efforts of so many to keep this thread updated. Unfortunately I don't know what most of it means. Lawfare sucks.

2/ https://t.co/gNPcBNwsmP

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

Swollen Thumb said:

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I really appreciate the efforts of so many to keep this thread updated. Unfortunately I don't know what most of it means. Lawfare sucks.

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Mostly it means Trump is winning.

Indira Talwani, fraud/clown Obama judge (who was approved by the senate 94-0, oh btw), says Trump/Rubio can't end temporary protected status unless their rationale passes her muster;

Quote:

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From The Associated Press:

Quote:

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U.S. District Judge Indira Talwani said she would issue a stay on an order for more than 500,000 Cubans, Haitians, Nicaraguans and Venezuelans to leave the country, sparing them until the case advances to the next phase. Their permits were to be canceled April 24.

During a hearing, Talwani repeatedly questioned the government's assertion that it could end humanitarian parole for the four nationalities. She argued that immigrants in the program who are here legally now face an option of "fleeing the country" or staying and "risk losing everything."
"The nub of the problem here is that the secretary, in cutting short the parole period afforded to these individuals, has to have a reasoned decision," Talwani said, adding that the explanation for ending the program was "based on an incorrect reading of the law."

"There was a deal and now that deal has been undercut," she said later in the hearing.
Last month, the administration revoked legal protections for hundreds of thousands of Cubans, Haitians, Nicaraguans and Venezuelans, setting them up for potential deportation in 30 days.

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Let's just say, she thinks a lot of herself:

SAME JUDGE who ruled students couldn’t exercise their free speech right to wear a shirt which read “there are only two genders.”

Now she’s in charge of our entire country’s immigration system 🙄

U.S. District Judge Indira Talwani https://t.co/6wjCYT02ZS

— KK Berd 🇺🇸 (@keny_berd) April 11, 2025

Let's go back to "facilitate" versus "effectuate."

Quote:

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The Court's short opinion in Noem v. Garcia is, in part, a lesson in judicial modesty masquerading as equivocation. It holds a middle course: the government must "facilitate" Garcia's return, but the lower court's order to "effectuate" it may have overstepped. This is not semantic hairsplitting, but constitutional guardrail maintenance. Facilitation implies diplomatic overture; effectuation implies command. One is a request, the other an assertion of authority that courts do not possess in the conduct of foreign affairs.

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Hence, the distinction that is nuanced but a very important nuance, even if confusing.

Quote:

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The error that placed Garcia in El Salvador is real. The government should own it, and one can make a serious case that a lawful return followed by a proper adjudication under the immigration statutes would best serve justice and due process. But the question here is not Garcia's virtue nor the wisdom of his reentry. It is a question of who decides. And that question, when properly understood, has constitutional contours that matter far more than any individual petitioner.

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Not the courts.

Quote:

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To see this, we need to consider the limits of judicial authority. Federal courts are creatures of Article III. Their legitimacy derives from the Constitution, and their power is ultimately custodial, not generative. They interpret and apply the law, they do not conduct diplomacy. When a district court orders the Executive to "effectuate" a foreign national's return, it crosses from the domain of legal redress into the realm of international relations. This is not merely a doctrinal footnote. It is the difference between separation of powers and judicial adventurism.

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LINK

On the legal front, there are things the Trump Admin is doing that -- if I were making decisions -- should be done differently.

But, from an over-arching view, the battles they are fighting are all worth the fight. They are all in search of a better and more responsive Govt.…

— Shipwreckedcrew (@shipwreckedcrew) April 12, 2025

On the legal front, there are things the Trump Admin is doing that -- if I were making decisions -- should be done differently.

But, from an over-arching view, the battles they are fighting are all worth the fight. They are all in search of a better and more responsive Govt.

There will be mistakes made because anything as extensive as what is being attempted will not be error-free.

But establishment conservatives who recoil at the errors, and see them as a basis to undermine the overall effort with their finger wagging ignore one basic truth:

The District Courts in 2025 are not the neutral arbiters of the past. The identities of the plaintiffs in the myriad of lawsuits filed over the past 75 days are seemingly irrelevant. These lawsuits are almost entirely about the District Court battling against the Executive for control of the Government that the Executive was elected to lead.

The activist judiciary of 2025 has shown itself not worthy of the respect given to the judiciary of 1985. The District Courts have climbed into the ring and put on gloves. They are throwing blows on behalf of the political opposition -- the side that built the administrative state and funded it to be what it has become.

If it insists and defending it against the efforts to dismantle it, the judiciary is going to get bloodied in the process -- metaphorically speaking.

SAME JUDGE who ruled students couldn’t exercise their free speech right to wear a shirt which read “there are only two genders.”

Now she’s in charge of our entire country’s immigration system 🙄

U.S. District Judge Indira Talwani https://t.co/6wjCYT02ZS

— KK Berd 🇺🇸 (@keny_berd) April 11, 2025

Not enough facepalms in the world to answer that one.

THREADETTE: So, more I think about it, the more I think improper removal of El Salvador national lacks judicial remedy. Now that would be "conscience shocking" if mistake happened to U.S. citizen. BUT mistake re Garcia is different because: 1/

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

3/ Add to that, had Trump Administration not made error in sending him to El Salvador, he would still be removed from U.S. and possibly still to El Salvador. Yes, yes, yes, it was a mistake, but that doesn't mean court can create a fix because El Salvador HAS an interest

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

5/ pending removal, if Trump doesn't do that, there is no judicial fix--it is a political question that is outside the Court's authority. Here you have to add fact, that even if El Salvador would release him to Trump, Court is ordering President to bring in an illegal

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

7/7 That reality is not conscious-shocking for reasons detailed ⬆️, but to reiterated: illegal alien, citizen of El Salvador, had due process & judge held removable, not entitled to asylum, not entitled protection under CAT & reason barring return to El Salvador no longer exists.

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

Quote:

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These lawsuits are almost entirely about the District Court battling against the Executive for control of the Government that the Executive was elected to lead.

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So true.

Thread.

DOJ says Garcia "is detained pursuant to the sovereign, domestic authority of El Salvador."

2/ Full Motion here. Motion opens by saying that because Trump said if SCOTUS ordered him to bring someone back he would, but that ignores reality that Trump doesn't control El Salvador. https://t.co/1ICuMG6vvc

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

will25u said:

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Thread.

DOJ says Garcia "is detained pursuant to the sovereign, domestic authority of El Salvador."

2/ Full Motion here. Motion opens by saying that because Trump said if SCOTUS ordered him to bring someone back he would, but that ignores reality that Trump doesn't control El Salvador. https://t.co/1ICuMG6vvc

— Margot Cleveland (@ProfMJCleveland) April 12, 2025

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I think the Trump legal plan seems to be to goad this judge into finding Trump in contempt. So that it can get rolled back and *****slapped by either the appellate court or SCOTUS.

Because, this district court judge is WAY over the top of his/her skies right now.

Agreed. This judge is in way over their head. They likely don't know how to extricate themselves from the situation without further embarrassment.

"Kilmar Abrego Garcia is alive and secure but is under the sovereign, domestic authority of El Salvador"

The Trump administration just gave an update on the deported MS-13 gang member.

What are rogue judges going to do? Issue a nationwide injunction against El Salvador? 🤣 pic.twitter.com/MMA2yWhUbH

— Kyle Becker (@kylenabecker) April 12, 2025

techno-ag said:

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"Kilmar Abrego Garcia is alive and secure but is under the sovereign, domestic authority of El Salvador"

The Trump administration just gave an update on the deported MS-13 gang member.

What are rogue judges going to do? Issue a nationwide injunction against El Salvador? 🤣 pic.twitter.com/MMA2yWhUbH

— Kyle Becker (@kylenabecker) April 12, 2025

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This is a perfect reply.

Um, we have no authority to ask for him back, so we are not going to ask.

Feel free to do it yourself, judge.

Sure appears like the judge was walked right into a trap of legal abyss…

This post by Ship is exactly correct. Watch the big picture, not the micro is my advice. Judicial tirades aren't that big a deal ultimately.

I don't think any of these activist judges care about how they look to the USSC. They haven't a prayer of ascending higher - and they are where they are for a specific purpose. Just watch their various confirmation hearings - they are incapable of actually being embarrassed.

Again just rendering the "fear" of a (now) nonexistent gang in El Salvador moot is the best answer here.

The better option would be move to "reopen" his case and show that the basis for the "Withholding of Removal" is no longer valid.

The Barrio 18 gang has been largely eradicated in El Salvador. It was his fear of that gang in his home neighborhood -- supposedly -- that was the… https://t.co/oqMAU6nSou

— Shipwreckedcrew (@shipwreckedcrew) April 13, 2025

JUST IN: The Trump administration says it has "no updates" for Judge Xinis about efforts to facilitate return of Kilmar Abrego Garcia. Reiterates that a judge in 2019 viewed him as a member of MS-13. https://t.co/DMvI29iP3z pic.twitter.com/CWFGwVg6q0

— Kyle Cheney (@kyledcheney) April 13, 2025

"I want a hamburger. No, a cheeseburger. I want a hot dog. I want a milkshake. I want potato chips ..."

"You'll get nothing and like it!" pic.twitter.com/16zifttHB1

— Super 70s Sports (@Super70sSports) April 5, 2025

Government Reply.

2/ Link: Comments to follow. https://t.co/kSmqxvmT13

— Margot Cleveland (@ProfMJCleveland) April 13, 2025

4/ Trump Administration argues the relief would violate SCOTUS directive to respect Article II authority. pic.twitter.com/DqrliZtXn0

— Margot Cleveland (@ProfMJCleveland) April 13, 2025

The whole issue is this is first and foremost a nonjusticiable issue. There is no remedy the court can order to right that he is today in El Salvadoran custody. Extended keyboard tirades about it, just accomplish nothing.

How about this deal -- for all those in Hollywood:

The US will insist that Abrego Garcia be sent back to the US the same day the French send Roman Polanski back to the US for imposition of sentence for his rape of a 13 year old girl 1977. https://t.co/6T5d9RPYFm

— Shipwreckedcrew (@shipwreckedcrew) April 13, 2025

Revoking home rule under BOWSER Act would be great for DC: Trump will/would be sued over how he administers it, though.

Great visit to the @WashInformer yesterday.
Thank you, Mr. Wright. Great conversation about our District. pic.twitter.com/y9SX06zTQq

— Ed Martin (@EagleEdMartin) April 9, 2025

Trump and Bukele on tv now. The judge in that El Salvador case' head is exploding as they speak.

Yeah, this is going to be entertaining to see how the inquisitor ahem judge responds.

HOLY MOLY! Stephen Miller just gave a brutal fact-check to the media on Kilmar Abrego Garcia, the illegal alien the Supreme Court ordered to return. pic.twitter.com/eQXu7ZTSd2

— George (@BehizyTweets) April 14, 2025