Here’s David Kurtz & Josh Kovensky of TPM on today’s proceedings & order:

US Dist Judge Paula #Xinis ordered an expedited discovery process, saying that 4 #Trump #ICE, #DHS, & #DOJ ofcls who submitted declarations in the case would need to sit for depositions over the coming week to answer basic questions about the removal of #KilmarAbregoGarcia & whether the Trump admin has complied with a #SCOTUS ruling to facilitate his release.

#law #immigration #judiciary
https://talkingpointsmemo.com/news/judge-orders-expedited-discovery-over-administrations-abrego-garcia-defiance

“It should be a priority of the US govt to secure his safe release, which is why tomorrow I am traveling to #ElSalvador. My hope is to visit Kilmar & check on his wellbeing & to hold constructive conversations w/govt ofcls around his release. We must urgently continue working to return Kilmar safely home to Maryland,” #VanHollen continued.

Senator #VanHollen Announces Departure for #ElSalvador Tomorrow Morning

"Following his abduction & unlawful deportation, US federal courts have ordered the safe return of my constituent #KilmarAbregoGarcia to the United States.“

This should end the BS debate about who has the authority to get #KilmarAbregoGarcia out of #ElSalvador!

Judge #Xinis Tue’s order cites text in the written agreement with El Salvador showing #US control:

The detainees are kept in CECOT “pending the United States’ decision on their long-term disposition.”

#Trump et al are so freaking full of crap!

Judge #Xinis’ full official order in which she says the government’s definition of “facilitate“ doesn’t make sense, particularly in the context of her ruling & #SCOTUS’.

“Thus, Defendants' attempt to skirt this issue by redefining 'facilitate' runs contrary to law & logic.”

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.79.0.pdf

Just released Judge #Xinis letter order on discovery procedure in #KilmarAbregoGarcia v. #KristiNoem et al.

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.80.0.pdf

Interesting take from Evan Bernick:

Nobody should think that Judge #Xinis is ensuring that #KilmarAbregoGarcía stays in #ElSalvador for 2 weeks.

Xinis is banking on the government not wanting to spend 2 weeks in #discovery.

Either they just make the call & get him back, or they spend 2 weeks creating a public record of their own fuck ups & end up getting sanctioned.

I also seriously doubt any of #Trump’s ofcls want to give sworn #depositions.

I hadn’t seen that the #DOJ actually submitted a transcript of the #Trump / #Bukele presser to the court as part of their status update. Absolutely ridiculous.

STATUS REPORT by Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio Attachment 1: Unofficial Transcript: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.1.pdf

Case main page: https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/

#Xinis: Keep it targeted, keep it tight, that will keep it moving.

My current target is that at the conclusion of discovery, plaintiffs will then supplement their motion by April 28. After reply, will turn to it as soon as possible.

And that's it. Hearing over. There will be an expedited discovery period, with depositions set to be completed by 4/23.

[play by play mostly via Anna Bower of Lawfare]

#Trump #law #immigration #Rendition #DueProcess #Judiciary
Start of https://masto.ai/@Nonilex/114343810964554845

#DOJ: For the record, we don't think discovery appropriate, because we think this is a legal dispute.

#Xinis: Ok, will respond to that in written order. And your objection is preserved.

plaintiff's counsel up. They have no further statements.

Xinis: It's a tight timeline.

Says there will be requests for production, deponents, interrogatories....

#Xinis: you should've considered privilege when you put it up as an affiant... but if you have privilege objections, you can get them to me... But any issues producing deponents for depo?

Xinis to Ensign [#DOJ]: Cancel vacation. Cancel appointments. I'm usually pretty good about that kind of thing, but not this time.

DOJ: We will move expeditiously, your honor.

Xinis: Anything else?

#Xinis: Depositions are to be completed by Wednesday, April 23. Any impediments to that?

#DOJ: We understand court's position

Xinis: So that means no impediments?

DOJ: We don't know at this time who will be deposed...

Xinis: No, I'm saying the people who you've put forward as affiants.

DOJ: I'm not prepared to put forward objections at this time. One of the affiants is an acting general counsel...

#Xinis: I will issue written order setting out why I think expedited discovery is warranted. It'll happen over 2 weeks. You'll have opportunities to respond, etc....

I'm also going to issue a written letter how you'll get expedited review in this process if you meet & confer it isn't workable. If everyone is operating in good faith, it'll get it done in 2 weeks. If not, that'll be fact in itself for court to consider.

#Xinis: …going back to what #SCOTUS said was "squarely" in my power & my view that you have not fulfilled the mandate I've issued. Discovery will bear that out, bc the affidavits are insufficient.

Ensign [#DOJ] repeats his view that there are pure issues at #law at play here that do not require discovery.

Xinis: Ok, I'll give you my order & you can object.. this is what district courts are authorized to do [discovery]...courts are referees.

#DOJ asks Xinis to issue an additional order clarifying the scope of her #TRO / injunction. [likely to draw things out]

#Xinis: It’s not that difficult. The Supreme Court has spoken. Let's talk about what #SCOTUS has unequivocally deemed to be lawful. You made your arguments there, & this is now about the scope of the remedy.... We're gonna do it in a targeted way but we're not going to take a whole lot of time doing it [discovery].

Xinis: The Govt has taken differing positions in past of what "facilitate means"... it doesn’t necessarily mean you have to gas up plane, but you have done it before…

Ensign brings up the potential for appeal.

Xinis: the Supreme Court has spoken, there is in my view nothing to appeal.... So in my view, we do discovery. Now, do you wish to be heard on scope of discovery?

Ensign [#DOJ]: If he presents at port of entry or embassy, he would be taken into US custody... this is a narrow issue of what "facilitate" means

#Xinis: I disagree, & I'm prepared to issue order on what facilitate means.
#SCOTUS has made clear this is in context not just in the ether of "pure law"...it's matter of whether defendants complying w/ the court’s order to release #AbregoGarcia from custody in El Salvador

Ensign [#DOJ] now points to paragraph 9 of the declaration by a govt official, which it submitted earlier today, regarding what would happen if #AbregoGarcia presented at a point of entry. [see above] The declaration said he'd be removed to 3rd country or back to El Salvador after rescinding the withholding of removal...

Xinis: Have you done it? [Brought him back?] If you haven't done it, then it’s speculative....

Xinis: We're gonna do this by rules of #CivilProcedure. Press conferences won't do. We're gonna do interrogatories...follow rules...

Xinis: I'll remind everyone here that there are no business hours. It'll be 2 weeks of "intense" discovery. Once we have the record, we’ll take it from there.

Ensign: Transcript of oval office meeting sets forth evidence consistent w/ federal rules of civil procedure.