4/The motion concludes with this footnote: “In fact, as seems apparent from its public statements, this case also involves decision-making at the WH in addition to the 3 Depts. Accordingly…Plaintiffs may need to seek additional testimony from an appropriately knowledgeable representative of the WH.”
Sadly, stupidly, “an appropriately knowledgeable representative of the WH” in this case probably does not describe our current president.
5/Abrego Garcia’s lawyers want to know who in the executive branch is preventing compliance with the Supreme Court’s order. It’s an important question and ultimately, the courts may have to decide whether the government is in contempt.
6/Of course, Donald Trump has already publicly stated in an ABC interview that he “could” secure Abrego Garcia’s return. “You could get him back. There's a phone on this desk,” ABC’s Terry Moran told Trump, pointing at the phone on his desk in the Oval Office. “I could,” Trump said rather proudly.
7/That’s evidence. Evidence the gov’t could have complied with SCOTUS’ 9-0 decision to facilitate return but deliberately refused to. Trump said “if he [Abrego Garcia] were the gentleman that you say he is, I would do that [call and ask for his return],” missing the entire constitutional point.
Really judges need to show their power or else they make the constitution worthless ! Are we at the point trumptard is snubbing his nose to the judges and constitution?
SCOTUS knows but are not willing to enforce! Which in a sense negates their power!
We need to make term limits for the Supreme Court. They are not doing their job. Trump has made them cowards.
8/This has nothing to do with Abrego Garcia’s character, sinner or saint. It is about his right—and by extension all of our rights—to receive due process before the government takes action against us. That’s what’s at stake here and the stakes are high. joycevance.substack.com/p/a-subpoena...
9/ If you’ve made it this far, you’d probably like my newsletter Civil Discourse. I read the court pleadings in cases like this & help you understand the larger legal context based on 25 years of experience at DOJ (I resigned the night before Trump’s 1st inauguration). Joycevance.substack.com
10/Democracy doesn’t protect itself. We do that. By subscribing to Civil Discourse, you’re supporting independent legal journalism and helping to shine a light on the truth. No fear. No favor.
If it wasn't made clear by the molasses-slow "prosecution" of Trump over the last five years, then it has certainly been made clear by the Abrego Garcia case, that our "justice" system is way too fucking slow. Why is it so slow? Top to bottom, it seems mired in tar and shit. Can it be fixed? How?
They should lock up Noem and #BukakeBondi until they comply. Gitmo works for me.
It really is time judges arrest a few of these law breakers ! Why are they waitting?
Judges don't arrest people. They order the Marshal's Service to arrest people. It's part of DoJ. Under Bondi. And thus begins a collateral contempt proceeding. I strongly suspect that the pro-democracy faction of the federal branch and its retirees are quietly gaming that problem out. A lot.
I do know judges don't arrest people, they order it to happen is that right?
The judge orders someone's arrest and bonding doesn't follow through, arrest her for not following a judges order
Umm, yeah "federal judiciary" or "judicial branch." One of those is what I was going for here, but somehow my fingers mashed them together.
If Bondi's Marshals don't follow through on a judge's order to arrest for contempt, the judge can hire their own marshal to do that business.
And then what? A private contractor tac team forcing entry into a government building defended by the U.S. Marshal Service? The judicial branch is walking a tightrope over a snake pit. They cannot seem intimidated but must avoid actions that lead to a display of impotence.
Perhaps the law breakers are assured the shoe salesman with Immunity will save them?
It just seems logical that if a man is awaiting sentencing on the conviction of 34 felony counts, and the entire conviction has to be thrown out simply because he got elected president, then it also follows that even if a court determines that he defied their orders, he ain't goin' nowhere fast.
His conviction wasn't thrown out, it's just that his sentence was "unconditional discharge." He's still convicted, but suffered no punishment.
Oh that makes America feel MUCH better about the rule of law! As @olbermann.bsky.social keeps reminding us, Trump HAS TO stay in power until he dies, otherwise "someone" is going to make the legal move to put him in jail. And he will die there. Here's what he can do: www.iheart.com/podcast/1119...
I wasn't concerned about making America feel better about itself. After all America elected him again. I was just fixing your mistaken phrasing.
So long as SCOTUS defends him, HE cannot be forced to obey court orders, but everyone around him can, one by one. Maybe he can pardon them all, one by one, or in mass, but it will be fun to see him try.
Why doesn't judge order WH to provide contract with El Salvador?
Which was never approved by Congress.
awesome thread - thank you
Trump ignored the Supremes 9-0 Ruling to Return Garcia to the U.S. (imagine a Democrat ignoring….) Is that the beginning of a Constitutional crisis?
We're way past that, but nobody -- courts or otherwise -- seem to be getting anything done to stop it. Laws don't apply to Republicans.
Facts
I probably would like your newsletter. I really appreciate you posting here. (I’m one of those not going to substack, certainly not signing up for anything on the site)
And it’s about who has to comply with court orders and who doesn’t.
Trump had Due Process — and CONvicted of 34 felonies! The only Felon to win the presidency, hopefully the Last! TFG — the former guy became The Felon Guy.
The highest stakes in our country
Clarence Earl Gideon was also not a “gentleman” in society’s eyes. Because of him, indigent defendants have to be provided with a lawyer.
This is not justice in any way shape or form. Most of the victims wont survive 2-3 years. Trump and GOP are experts at using every delay/cheat tactic to get their way. Despite what legal folks may think, the speed at which this is moving, the lack of consequences, is unconscionable
Yesterday, May 8, Noem said Abrego Garcia is never coming back. What more does Judge Xinis need? abcnews.go.com/Politics/dem...
Unfortunately, what Judge Xinis needs is an army to enforce her judgements. Project 25 simply recognized the fundamental joke our constitution and system of "checks and balances" actually is, and is proceeding accordingly.
This is chillingly contemptuous.⚖️🤡
Why wouldn't Trump say, "me. so go pound sand."
a fish rots from its head down. SCOTUS is to blame for this willful contempt.
What’s to decide? The WH and DOJ have already defied the order and contested the authority of the courts to issue orders. I don’t get it. Why do actions we have all seen and heard have to be proven? It’s on tape in their own words. Why does our legal system work this way?
Can you please follow me back
As a casual observer it all seems like smoke and mirrors. Why not find Noem in contempt and jail her. Still feels like there is not much justice in the justice system.
Key question. Does the immunity conferred by SCROTUS cover contempt? If so, that really puts a president above the law.