Thread by @ProfMJCleveland

THREAD: New filing in Garcia case. As I noted before, Trump’s argument re facilitate was misplaced because SCOTUS said facility release from custody. Garcia’s attorney hits that hard. 1/

2/ here’s Garcia’s response. storage.courtlistener.com/recap/gov.usco…

3/ but as I also stressed, the problem now for Garcia
Is that Garcia is being held based on El Salvador’s authority the Trump administration filed a declaration saying that

4/ there is no evidence that Garcia is being held for the United States pursuit to a contract with El Salvador. That was the tDa members.

5/ @shipwreckedcrew has several threads detailing that distinction and stressing that it wouldn’t make sense for the US to be paying El Salvador to detain one of their own citizens

@shipwreckedcrew 6/conversely, members of tDa are not from El Salvador, but are from Venezuela and Venezuela will not accept them back. That is why we’re paying El Salvador due to those members.

@shipwreckedcrew 7/ everyone, including the Supreme Court has assumed that El Salvador is detaining Garcia because we are paying them to do so which would make sense then for the Supreme Court to expect Trump to facilitate his release from custody

@shipwreckedcrew 8/because in that case, the court would not be ordering Trump to engage in diplomatic relations, but rather ordering the enforcement of contract provision that must discuss paying for & detaining third parties.

@shipwreckedcrew 9/ but if Garcia is not detained pursuant to a contract with El Salvador and is being detained because he is El Salvador and pursuant to El Salvador’s authority, any order for Trump to do anything…

@shipwreckedcrew 10/ including merely request his release would be a court mandating diplomacy, and that it cannot do. So while Scotus indicated the lower court could order Trump to facilitate Garcia’s release from
Custody

@shipwreckedcrew 11/the Supreme Court’s position was based on the record at the time and that record did not indicate basis for Garcia’s detention it now does and it is unrelated to

@shipwreckedcrew 12/the separate contract related tDa . That means as I’ve said, any order directing Trump to request Garcia‘s release would be inappropriate.

@shipwreckedcrew 13/unfortunately the DOJ attorneys are so buried in so many cases they might not be able to see from a high-level what the main issue is

@shipwreckedcrew 14/ I sure hope they get the message before today’s hearing. Here’s what they need to do.

@shipwreckedcrew 15/ present a declaration that El Salvador and the United States have no contract regarding detentions of MA 13 members and that the United States is not paying for Garcia’s custody

@shipwreckedcrew 16/ added to the prior declaration stating Garcia is being detained pursuant to El Salvador‘s sovereign authority. The DOJ should then argue any request concerning Garcia’s detention with thus stem solely from diplomatic affairs

@shipwreckedcrew 17/ and that a court cannot order even if it’s merely a request because diplomacy requires the government to decide what requests to make and use their Goodwill to make and what ones not to

@shipwreckedcrew 18/and while the Supreme Court suggested it was appropriate to order Trump to facilitate the release from custody that was promised on the record at hand when the High Court considered the issue

@shipwreckedcrew 19/the record is now clear that Garcia is not being held pursuant to a contract, and therefore the only type of facilitation would come through diplomacy something beyond article 3’s authority to Mandy

@shipwreckedcrew 20/this assumes the US is not paying for Garcia’s attention and that there is no contract, governing Garcia’s detention and assumption that is reasonable based on the evidence we have

@shipwreckedcrew 21/and it is that assumption that pushed me from thinking that Trump should just temporarily put Garcia in US territory and then move to get Moe or a third country to

@shipwreckedcrew 22/ arguing Trump needs to fight this because without a contract and without payment, the only thing the courts are getting involved with is diplomacy and that is far beyond it’s authority