Thursday, April 17, 2025

Trump Continues To Lose -- On His Barbarian Tactics, Against Mr. Garcia's Due Process Rights -- Now On Appeal He Loses -- As Well, AGAIN!

The notion that these young idiots (even if they well-know Trump is a monster), cannot see (in their own interest in self-preservation) that they will end up like Mike Lindell, and Rudy Giuliani -- just so much carnage, in Tangerine's wake. . . is rather astonishing to me. They have seen this whole dumb show before -- in 2018-2021. People acceding to Trump's base instincts and stepping into the firefight he created, were. . . jailed; disbarred and bankrupted.

Hey, guys -- please: do go ask Jenna Ellis or Mike Lindell how this all ends. Or, just read the newspapers (and federal decisions, on appeal) of the last four years. Damn.

Here's tonight's latest loss, for Baby T on appeal -- and the correlative win, for the rule of law -- in seven pages of majestic language (and a bit):

. . .It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.

This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear. . . . [Abrego Garcia is] entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove “by a preponderance of evidence” that the alien is no longer entitled to a withholding of removal). . . .

The Supreme Court’s decision does not. . . allow the government to do essentially nothing. It requires 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.” Abrego Garcia, supra, slip op. at 2. “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. . . .

[T]he government’s argument that all it must do is “remove any domestic barriers to [Abrego Garcia’s] return,” Mot. for Stay at 2, is not well taken in light of the Supreme Court’s command that the government facilitate Abrego Garcia’s release from custody in El Salvador. . . . “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood. . . .

In sum, and for the reasons foregoing, we deny the motion for the stay pending appeal and the writ of mandamus in this case. It is so ordered. . . .


Oh. And Mr. Mazzara filed another insolent, non-responsive sworn "update" again tonight -- obstruction of lawful process, and under oath. There, contempt soon lies. Out.

नमस्ते

2 comments:

Anonymous said...

https://whistlebloweraid.org/whistleblower-exposes-doges-unlawful-plundering-of-agency-systems-and-exfiltrating-data/

condor said...

Thank you so much! It is now a new featured post!

Onward. . . smiling.