Again, Mr. Abrego Garcia's Counsel Blasts Gaping Holes In The Internally-Contradictory Stories Kristi Noem And Marco Rubio Keep Telling -- Under Oath, In Maryland.

The parade of lies never ends, from the Noem-ites, it seems.

Yesterday, it was a televised agit-prop show -- from 1600 Penn., featuring a crisis actor (the Salvadoran president) -- Marco Rubio and Kristi Noem along with Tangerine 2.0, hisself. Last night, more lies under oath were filed. Today there will be a hearing -- at which contempt may be on the table, before the able USDC Judge Xinis, on this, at 4 PM EDT:

. . .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. . . .

[T]he 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. . . .”

[T]he 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. . . .

When the hearing concludes (likely after 7 PM EDT), I will report on any orders entered. Onward -- resolutely.

नमस्ते