So reports the NYT: The government ‘continues to delay, obfuscate and flout’ courts in return of deported man, his lawyers say.
The Trump administration on Friday defied a federal judge’s order to provide an explanation for how it intended to bring back to the United States a Maryland man who was unlawfully deported to El Salvador last month.
In an aggressive two-page filing, Justice Department lawyers told the judge, Paula Xinis, that she had not given them enough time to figure out what they planned to do about the man, Kilmar Armando Abrego Garcia, after the Supreme Court ordered the administration on Thursday to “facilitate” his return to U.S. soil.
“Defendants are unable to provide the information requested by the court on the impracticable deadline set by the court hours after the Supreme Court issued its order,” the department lawyers wrote.
“In light of the insufficient amount of time afforded to review the Supreme Court order,” the lawyers went on, “defendants are not in a position where they ‘can’ share any information requested by the court. That is the reality.”
The administration’s refusal to comply with Judge Xinis’s directives put it on a collision course with the judge and threatened to erupt into a showdown between the executive and judicial branches. The White House has had tension with judges in other cases — particularly those involving President Trump’s deportation policies — but the conflict with Judge Xinis was one of the most contentious yet.
I think this line from the response from the administration follows the script I essentially predicted earlier today: “Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.”
None of this bodes well for rule of law, let alone for Kilmar Abrego Garcia.
