Here on a Sunday, at midday -- in federal court in Maryland, the capable lawyers for Mr. Abrego Garcia let USDC Judge Xinnis see what they've seen -- between that state, the hell-hole in El Salvador -- and now, the State of Tennessee.
This cannot just be allowed to be swept under any rug. It was conscious, knowing and flagrant violation of final court orders -- all the way to the Supremes. And Noem/Rubio were directly pushing that lawlessness. Here's the Sunday filing -- and the sharp end of that spear:
. . .Though Kilmar Armando Abrego Garcia is, at long last, back in the United States following his illegal removal, to characterize the Government as having “complied with the Court’s order” is pure farce. ECF No. 181. The Government flouted rather than followed the orders of this Court and the United States Supreme Court. Instead of facilitating Abrego Garcia’s return, for the past two months Defendants have engaged in an elaborate, all-of-government effort to defy court orders, deny due process, and disparage Abrego Garcia. In its latest act of contempt, the Government arranged for Abrego Garcia’s return, not to Maryland in compliance with the Supreme Court’s directive to “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador,” but rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.
That Tennessee indictment was filed under seal on May 21, yet six days later the Government continued to insist to this Court that it “do[es] not have the power to produce him,” ECF No. 165 at 5. The Government’s convenient ability to return Abrego Garcia in time for a press conference unveiling his indictment puts the lie to its previously feigned powerlessness to comply with this Court’s injunction.
Over the past two months, the executive branch has acted not just in contempt of multiple court orders but with open defiance towards its coequal branch of government, the judiciary. The very highest officials in the administration have publicly stated that they will follow orders of the Supreme Court, in contrast to valid lower court orders, and even that they would refuse to tell a judge about their directly relevant discussions with foreign officials.
The dichotomy between the lip service Government lawyers have paid the Court about supposed efforts to comply and the hostility and intransigence displayed by the White House and cabinet members has been stark and chilling. Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so. Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament. . . .
By proffering witnesses without knowledge, hiding behind questionable assertions of a potpourri of privileges, and deliberately foot-dragging on written discovery, the Government has stonewalled Plaintiffs and the Court’s efforts to get at the truth. The Court previously ordered discovery to “assist the Court in determining whether contempt proceedings are warranted. . . .”
Indeed -- onward, resolutely. Even if the government wins a conviction in Tennessee -- it will likely owe him money, as he departs -- for abuse of process.
Moreover (should Mr. Abrego Garcia win an acquittal in Tennessee, based on prosecutorial misconduct), this whole effort down in Nashville may well backfire on the involved AUSAs -- leading to sanctions for them, as well.
What a tangled set of lies this whole effort involved. Damn.
नमस्ते
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