The hearing in the Kilmar Abrego Garcia case is starting a bit late. Judge Xinis just took the bench. I’ll live tweet. @wjz
Judge Xinis is considering several motions to dismiss this case.
She seems to chastise government attorney for Trump Administration saying they could not produce Abrego Garcia—yet six days later, they were able to get him from El Salvador and bring charges against him in Tennessee. Judge Xinis: “Clearly you had other plans. Why else would you file a criminal indictment against someone you could not produce?” @wjz
She seems to chastise government attorney for Trump Administration saying they could not produce Abrego Garcia—yet six days later, they were able to get him from El Salvador and bring charges against him in Tennessee. Judge Xinis: “Clearly you had other plans. Why else would you file a criminal indictment against someone you could not produce?” @wjz
Judge says government claimed they were unable to get Abrego Garcia back. But six days later they did. Judge asks government lawyers if they knew a Tennessee indictment was in the works. “Did you know what was happening? They’re your clients.”
Silence in courtroom.
Govt attorney then says they were still in negotiations with El Salvador’s president at the time.
Judge asks federal prosecutor whether they felt they had an “obligation to set the record straight.” @wjz
Silence in courtroom.
Govt attorney then says they were still in negotiations with El Salvador’s president at the time.
Judge asks federal prosecutor whether they felt they had an “obligation to set the record straight.” @wjz
Judge Xinis says sworn government testimony in Tennessee case is different than Maryland case. She questions when Abrego Garcia was under investigation in Tennessee for human smuggling.
Judge Xinis to prosecutor Bridget O’Hickey: “Now I have real concerns as if I haven’t for the past three months.”
O’Hickey says she is not familiar with timeline.
Judge warns her to be careful. @wjz
Judge Xinis to prosecutor Bridget O’Hickey: “Now I have real concerns as if I haven’t for the past three months.”
O’Hickey says she is not familiar with timeline.
Judge warns her to be careful. @wjz
O’Hickey says Abrego Garcia was not indicted for the purpose of returning him to the United States.
Judge Xinis continues to question her and appears upset she has little information about how this unfolded but will not give specifics. @wjz
Judge Xinis continues to question her and appears upset she has little information about how this unfolded but will not give specifics. @wjz
The DOJ is struggling in this hearing. Judge Xinis is holding firm on another point the government is arguing—whether Xinis has jurisdiction in this case. “When the court above me says she has the power to hear this case, why would I revisit that now?”
“Wait. This is your argument!” Xinis says as she reads through past decision. @wjz #KilmarAbregoGarcia
“Wait. This is your argument!” Xinis says as she reads through past decision. @wjz #KilmarAbregoGarcia
First government motion to dismiss is DENIED.
Judge Xinis says she has jurisdiction.
She says government “clearly had a plan” to indict in TN and calls Trump Administration’s position “clearly problematic.” She says government lacked “common courtesy and decency” to let Abrego Garcia’s attorneys know of plans to bring him back. Abrego Garcia’s lawyer says he learned about the return on the news. @wjz
Judge Xinis says she has jurisdiction.
She says government “clearly had a plan” to indict in TN and calls Trump Administration’s position “clearly problematic.” She says government lacked “common courtesy and decency” to let Abrego Garcia’s attorneys know of plans to bring him back. Abrego Garcia’s lawyer says he learned about the return on the news. @wjz
@wjz Now to second motion to dismiss…
This involves government alleging now that Abrego Garcia is back in the United States, the Maryland case is moot. “Defendants can do no more to return him to the United States,” O’Hickey argues. @wjz
This involves government alleging now that Abrego Garcia is back in the United States, the Maryland case is moot. “Defendants can do no more to return him to the United States,” O’Hickey argues. @wjz
@wjz Judge Xinis questions why government has not returned Abrego Garcia to Maryland. O’Hickey says Abrego Garcia’s lawyers only wanted him returned to U.S. —Maryland doesn’t matter.
Xinis refers to Abrego Garcia’s “unlawful, illegal arrest in Maryland.” @wjz
Xinis refers to Abrego Garcia’s “unlawful, illegal arrest in Maryland.” @wjz
@wjz Government says Abrego Garcia “is receiving all the process to which he is due.” Judge Xinis: “You’ve got to put him back to where he was before he was taken… You have to restore him to that place. You can’t drop him somewhere else…” @wjz #KilmarAbregoGarcia
@wjz O’Hickey says government has “fully complied” and insists there is “no other relief.”
Xinis refers to the “some might say outrageous decision to send him to CECOT.”
She says government alleges this is a “garden variety case.” But Judge Xinis implies this is anything but. @wjz
Xinis refers to the “some might say outrageous decision to send him to CECOT.”
She says government alleges this is a “garden variety case.” But Judge Xinis implies this is anything but. @wjz
@wjz Abrego Garcia’a attorney tells Judge Xinis, “The threat of removing Abrego Garcia again without due process is real.” @wjz
“Kilmar Abrego Garcia is under the real, substantial risk of being deported again,” his attorney says.
Abrego Garcia’s lawyer says he cannot be removed to a third country (outside U.S. and El Salvador) without a full hearing.
“We do need protection from the government waking up tomorrow—and upon his release from Tennessee— deporting him somewhere else.” @wjz
Abrego Garcia’s lawyer says he cannot be removed to a third country (outside U.S. and El Salvador) without a full hearing.
“We do need protection from the government waking up tomorrow—and upon his release from Tennessee— deporting him somewhere else.” @wjz
Abrego Garcia’s attorneys say the Trump Administration needs to identify the third country they want to deport him—and give him plenty of time to defend against that.
They want the Trump Administration to agree to due process rights—and not seek to remove him again without notice.
Judge Xinis calls what happened to Abrego Garcia “historic error.” @wjz
They want the Trump Administration to agree to due process rights—and not seek to remove him again without notice.
Judge Xinis calls what happened to Abrego Garcia “historic error.” @wjz
Heated exchange: DOJ’s O’Hickey says “the government made an isolated error” in Kilmar Abrego Garcia’s initial deportation to El Salvador.
“We’ve acknowledged this was an error and we’ve now remediated that error.”
“You know your clients have said the exact opposite!” Judge Xinis shoots back. “No error here.”
O’Hickey says AG Bondi’s statements “have been taken out of context.” @wjz
“We’ve acknowledged this was an error and we’ve now remediated that error.”
“You know your clients have said the exact opposite!” Judge Xinis shoots back. “No error here.”
O’Hickey says AG Bondi’s statements “have been taken out of context.” @wjz
O’Hickey says “this is an isolated mistake”—referring to Abrego Garcia’s deportation to El Salvador.
Judge: “For three months, your clients told the world they would do nothing to bring him back. …Am I really supposed to ignore all that?” She mentions repeated statements by President Trump, Secretary Noem and Attorney General Bondi.
Judge: “I have been told by the government’s attorneys there was no error.” @wjz
Judge: “For three months, your clients told the world they would do nothing to bring him back. …Am I really supposed to ignore all that?” She mentions repeated statements by President Trump, Secretary Noem and Attorney General Bondi.
Judge: “I have been told by the government’s attorneys there was no error.” @wjz
Second Trump Administration motion to dismiss Kilmar Abrego Garcia’s Maryland case has been DENIED by Judge Paula Xinis.
She says he has not been brought back to Maryland—and the case isn’t over until she resolves whether he should be. (Although she’s not prepared to do that today.)
Xinis says Abrego Garcia’s initial deportation was “unlawful.” She says at this time “there is no lawful basis” to deport Abrego Garcia to a third country.
@wjz
She says he has not been brought back to Maryland—and the case isn’t over until she resolves whether he should be. (Although she’s not prepared to do that today.)
Xinis says Abrego Garcia’s initial deportation was “unlawful.” She says at this time “there is no lawful basis” to deport Abrego Garcia to a third country.
@wjz
Judge: “It’s chaos—and it’s chaos that can be completely avoided. I’m not going to buy for a second that you can’t tell this court or the plaintiffs what the plan [for Kilmar Abrego Garcia] is.”
Government attorney: If we provide a detailed notice on possible deportation to a third country, would that satisfy this court? Judge Xinis said it depends on exactly what the Trump Administration does. @wjz
Government attorney: If we provide a detailed notice on possible deportation to a third country, would that satisfy this court? Judge Xinis said it depends on exactly what the Trump Administration does. @wjz
Abrego Garcia’s attorney: I’ll cede all my time if I can get a straight answer from the government on what they plan to do.
Trump Administration attorney says the U.S. intends to prosecute Abrego Garcia and will “protect the U.S. from a dangerous illegal alien.”
“If the public can be protected from him…we’ll pursue that.”
“This isn’t someone you’d want in your community.”
Judge Xinis says she is tired of the “stumping.” She angrily says the government is non-responsive.
Prosecutor says U.S. can remove Abrego Garcia to a third country. @wjz
Trump Administration attorney says the U.S. intends to prosecute Abrego Garcia and will “protect the U.S. from a dangerous illegal alien.”
“If the public can be protected from him…we’ll pursue that.”
“This isn’t someone you’d want in your community.”
Judge Xinis says she is tired of the “stumping.” She angrily says the government is non-responsive.
Prosecutor says U.S. can remove Abrego Garcia to a third country. @wjz
Government says the plan is to remove Kilmar Abrego Garcia to a third country if he’s released from custody in Tennessee.
Prosecutor says he doesn’t know exact plan.
“I don’t buy that for a second!” Judge Xinis says.
Government says they could also revisit sending him to El Salvado—decision will be made when Abrego Garcia is taken into ICE custody if he’s released later this month.
“What third country?” Xinis asks.
“I don’t believe that has been determined yet,” DOJ says.
“There are a number of countries we have agreements with who could accept aliens like Abrego Garcia.”
Judge says maybe she should set a hearing with government testimony under oath so she can “nail this down.” @wjz
Prosecutor says he doesn’t know exact plan.
“I don’t buy that for a second!” Judge Xinis says.
Government says they could also revisit sending him to El Salvado—decision will be made when Abrego Garcia is taken into ICE custody if he’s released later this month.
“What third country?” Xinis asks.
“I don’t believe that has been determined yet,” DOJ says.
“There are a number of countries we have agreements with who could accept aliens like Abrego Garcia.”
Judge says maybe she should set a hearing with government testimony under oath so she can “nail this down.” @wjz
DOJ attorney says he is unsure what work has been done to identify a third country and obtain assurances Kilmar Abrego Garcia will not be tortured or abused if sent there.
Judge Xinis: “Wouldn’t you wish to put all
of this to bed by having a lawful order in place…so there’s no doubt you are complying?”
Judge asks what ICE field office would in charge of Abrego Garcia.
Government says Baltimore would normally be in charge—but there may be other circumstances involved.
DOJ attorney insists “the arrest of Mr. Abrego Garcia was lawful” but believes he should not have been taken to El Salvador.
Judge is “not accepting Abrego’s arrest was lawful if there was not a warrant for his arrest.” @wjz
Judge Xinis: “Wouldn’t you wish to put all
of this to bed by having a lawful order in place…so there’s no doubt you are complying?”
Judge asks what ICE field office would in charge of Abrego Garcia.
Government says Baltimore would normally be in charge—but there may be other circumstances involved.
DOJ attorney insists “the arrest of Mr. Abrego Garcia was lawful” but believes he should not have been taken to El Salvador.
Judge is “not accepting Abrego’s arrest was lawful if there was not a warrant for his arrest.” @wjz
Government says they do plan to remove Kilmar Abrego Garcia to a third country if he is released from U.S. Marshal’s custody. “We would begin the removal process consistent with due process.”
They plan to put him into ICE custody and deport him asap.
DOJ says they will not wait for the Tennessee criminal case to proceed. @wjz
They plan to put him into ICE custody and deport him asap.
DOJ says they will not wait for the Tennessee criminal case to proceed. @wjz
Kilmar Abrego Garcia’s attorney is speaking now and says his client faces the “very real risk in nine days that we could be under the same set of circumstances that got us here in the first place.” He says, “Before Mr. Abrego Garcia can be removed in the first place, he should have a hearing in front of a court.”
He adds they want him brought back to Maryland. @wjz
He adds they want him brought back to Maryland. @wjz
“We want more than a minute’s notice,” Abrego Garcia’s lawyer says. “You can ensure a clean handoff,” he tells judge—says Abrego Garcia “wants his day in court”—and Judge Xinis has the power to make that happen. He says Abrego Garcia “can’t be removed in the dark of night” to a country they have yet to identify.
“Where my client is at grave risk is without that protection.” @wjz
“Where my client is at grave risk is without that protection.” @wjz
“All we ask is before we have a repeat of Mr. Abrego Garcia being dragged away to a foreign country, a foreign prison, that he has his day in court,” his attorney says. He prefers that day in court is in Maryland.
Abrego Garcia’s lawyers support a hearing under oath with government officials to determine the Trump Administration’s plans. Judge Xinis says, “That is where I’m headed. It’s like trying to nail jello to a wall to determine what is going to happen next week.” @wjz
Abrego Garcia’s lawyers support a hearing under oath with government officials to determine the Trump Administration’s plans. Judge Xinis says, “That is where I’m headed. It’s like trying to nail jello to a wall to determine what is going to happen next week.” @wjz
@wjz DOJ says ICE does not have an appropriate facility in Maryland to hold Kilmar Abrego Garcia.
“It’s unreviewable where he’s held,” prosecutor tells Judge Xinis. She says “I don’t know what you’re saying is actually true.” @wjz
“It’s unreviewable where he’s held,” prosecutor tells Judge Xinis. She says “I don’t know what you’re saying is actually true.” @wjz
DOJ again says Abrego Garcia “is a danger to the public.”
Judge says any release order “would not be freewheeling, fancy, footloose” and have strict conditions.
DOJ: “We believe he’s a dangerous person” and plan to detain and deport him if he’s released.
“This court does not have jurisdiction.” @wjz
Judge says any release order “would not be freewheeling, fancy, footloose” and have strict conditions.
DOJ: “We believe he’s a dangerous person” and plan to detain and deport him if he’s released.
“This court does not have jurisdiction.” @wjz
@wjz “I’m entitled to the information,”
Judge says.
“If you have jurisdiction,” prosecutor says.
“I do have jurisdiction. That ship has sailed,” Xinis responds. @wjz
Judge says.
“If you have jurisdiction,” prosecutor says.
“I do have jurisdiction. That ship has sailed,” Xinis responds. @wjz
Judge Xinis brings up CECOT: “He was at a detention facility in El Salvador and it’s remarkable to me that wasn’t conceded… It was a matter of trying to figure out where he was and lulling him into believing he was going to see a judge.”
Abrego Garcia’s lawyer says “the government is playing a shell game.” @wjz
Abrego Garcia’s lawyer says “the government is playing a shell game.” @wjz
@wjz There is a brief break. Back in 15.
We’re back: Judge Xinis says she wants a hearing Thursday on what the government plans to do next to Abrego Garcia. She wants Trump Administration officials to testify under oath. DOJ says they may not know yet by Thursday where they plan to deport Abrego Garcia if he is released. @wjz
@wjz Judge: “Given the history of this case with a series of unlawful actions, I do believe it’s within my authority to get the information” about what’s happening next. She wants a government official with firsthand knowledge to testify. @wjz
@wjz Thursday 1pm hearing. @wjz
@wjz Abrego Garcia’s attorney speaks about next steps. Abrego Garcia’s wife left court without comment. @wjz
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