New from Judge #Xinis’ docket:
The #Trump #DOJ court ordered daily update on #KilmarAbregoGarcia says that it has “no further updates” on their efforts to facilitate Abrego Garcia’s return.
Yeah. We know. Listen to Senator #VanHollen’s statement, you jagoffs didn’t even ask the US embassy in #ElSalvador TO DO ANYTHING AT ALL!!!!
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
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.
#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: We've made clear the court doesn't have authority to make this request of executive...
#Xinis shuts that shit down: I'm not doing that. There's so much daylight between that & what's happening here. To talk in generalities is simply #delaying the process we need to go through to determine whether you've done what you can in good faith to comply w/ order.
DOJ: I disagree that it's generalities. The plaintiffs have specifically asked court to compel gov to ask El Salvador for his release.
#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].
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
Judge #Xinis: The question is “what have you done to facilitate #AbregoGarcia’s release & what are you doing to ensure that his case is handled as it would have been had he not been sent to #ElSalvador?”
#DOJ: Ascertaining the position of El Salvador is important...also in transcript of Oval Office meeting is statement of AG #PamBondi saying we would facilitate his return…
Xinis interrupts
Judge #Xinis asks to Ensign [#DOJ] what he would take away from the Oval Office meeting yesterday. Xinis doesn't think it counts as evidence. Ensign says he shows position of #ElSalvador...they don't want to release "terrorists"
Xinis: If I make finding of contempt, it will be based on record before me. And I don't consider the transcript you gave me 15mins ago to be sufficient.
#XINIS: "If not this court, then who, to engage in process. It’s process that is in the roots of our #constitution, so we have to give process to both sides...There will be no tolerance for gamesmanship or grandstanding."
The #DOJ hasn’t provided any new information on #KilmarAbregoGarcia.
Abrego Garcia's lawyers say there's no evidence the Trump administration has done anything to comply with the court’s order to facilitate his return from El Salvador. They want depositions, interrogatories & documents.
#XINIS: Every day Abrego Garcia is in #CECOT is "a day of further irreparable harm."
