54 Comments
User's avatar
Arthur Beckman's avatar

Xinis must hold Trump administration lawyers in contempt if they do not comply immediately. No pussyfooting around. Jail them if need be. Enough!

Didi Burgess's avatar

Agree. Call out the US Marshalls

RRiveter's avatar

Great idea, but as I've said before on these threads, been contradicted and don't want to argue, but I am correct, according to DOJ and Marshalls' websites: the Marshalls are a bureau under the DOJ, hence controlled by Barbie Pam, so the Marshalls, although dedicated to their duties to protect and support the judiciary, would never be called to perform those duties under this administration. It would be quite a sight to see them enter her office, arrest her, arrest others in the administration (don't think they need warrants, but may be mistaken), and ship them off to the nearest prison. What a wonderful day that would be.

Arthur Beckman's avatar

That is a very good point. It would seem there is no way to sanction a lawless AG? However! See the attached article from a Rutgers law professor. There might be a workaround.

https://www.democracydocket.com/opinion/if-the-marshals-go-rogue-courts-have-other-ways-to-enforce-their-orders/

Also, I think courts could pull Bondi's law license. Marshals could be held in contempt as well.

RRiveter's avatar

Very interesting read! Had no idea that the courts could deputize other law enforcement bodies to arrest those in contempt of court. That, of course, would beg the question: who? The vast majority of law enforcement agencies voted for you know who. I can't really see them putting themselves in this fractious predicament, but it still is a fascinating alternative, one that the Federal judges should absolutely be considering. And thank you for supporting my comment that the US Marshalls report to the DOJ. It's right on their website. I have had a commenter barking at me last week that no they don't, when it is clearly stated on their website. For heaven's sakes, I have more to do in life than make this crap up. The Marshalls do not act as an independent law enforcement body. Don't think they even did at their inception 300+ years ago when George Washington formed them, as part of his office, to protect judges. They have very interesting purposes: protection of the judiciary, enforce court orders, pursue and arrest fugitives, and operate the Witness Protection program. There may be more. BUT, unfortunately, they report to Barbie Pam.

Didi Burgess's avatar

Thank you. I was told that the US Marshalls are the route the courts have to stop him. I hate spreading misinformation. Appreciate the help.

RRiveter's avatar

You would think that the Marshalls could do the job, but alas, they cannot, under this current admr. Like they would arrest the president?? Don't think so. I had about a 10 minute argument online (way too long) with some woman who insisted that the Marshalls are not organizationally under the DOJ. In black and white, on their site as well as on the DOJ's, it clearly says they are, so guess who they report to? She kept saying what their purpose is. I kept saying I am very aware of their purpose and their commitment, but that really doesn't matter if your higher-ups block you. I finally stopped responding; no use. This is not my opinion who they report to; it is plainly written on the website, in the first paragraph.

Patrick's avatar

My God, can't someone launch a civil suit? With damages? Trump may have immunity, but this is going to be one mofo of a case for damages, civil to Trump and government, once the dust clears.

Steve Richmond's avatar

What a truly fantastic discussion. Thanks to both Jennifer and Andrew for their elevation of this crisis and their excellent analysis. Of all the monstrous illegalities we have seen out of the Trump administration, this one case best represents the rapid descent of our country into authoritarianism. We need to broadcast the horrible trajectory of this case widely and loudly, and hope that the silent majority in our country will hear that they and their loved ones are individually threatened by this lawlessness.

John Krueger's avatar

The only people who can stop the abhorrent behavior of the Trump/Musk regime and stop the Tariffs are the Republicans in congress. How they're getting a pass is beyond me. Our vitriol should be directed to them. None of them should be allowed to serve again.

carla janson's avatar

Write and call them all, again and again. Google maps helps you get by their email request for “ address”. Nobody requests it as “ your address” so I give them AN address

Arkansas Blue's avatar

The main point to all of this from the orange felon's standpoint is MAXIMUM CRUELTY.

carla janson's avatar

Domination.above all else.

Lucy Sage's avatar

In addition to sending a similar message to Senator McCormick and Representative Perry, I sent the following letter to the editor of the Harrisburg Patriot News:

I wonder how Senator McCormick, Representative Perry, and other Republican members of Congress can stand by and watch while the President and his administration use lies and misrepresentations to allow an innocent man, an innocent man with a wife and disabled child, to rot in a concentration camp in El Salvador? Moreover, how can they stand by and watch while the President sends hundreds of men to the same without due process? They need to do their job and start investigating the President's illegal abuses of power.

Kilmar Abrego Garcia's confinement was not authorized by any criminal conviction. It was not the result of an asylum denial or final order of removal. It was, as a federal judge put it, a “wholly lawless” act. To suggest that this case—involving a cooperative government receiving $6 million from the United States to detain deportees—is beyond American influence is simply false. It is a refusal, not an impossibility.

(I "borrowed" the 2nd paragraph from Brian O'Neill's piece from last night's Evening Roundup in the Contrarian. I couldn't have said it better, and I wanted to get the message out.)

Patrick's avatar

It's a gulag. A torture camp. Let's stop calling it a "prison".

Janete's avatar

And Trump has now created a gulag archipelago, American style.

carla janson's avatar

And meant to send all of us a warning

Patrick's avatar

The warning should be, this is where things will go if we don't fight it. The gulag should frighten us, but only into taking action and fighting.

If it scares people into inaction, then we are done. Then lots of people will wind up in the gulag.

carla janson's avatar

Of course. Wasn’t implying we let him win, just that it is another attempt by a bully to intimidate us

gail's avatar

what about the other 250 people who were shipped out with no due process? What happens with them? Are there any legal actions pending about those people?

sumiana's avatar

So, folks. What's your solution? Who exactly is going to "enforce the law" in this case? Or the next one? And when? And how?

.... anyone?

.

.

.

<crickets>

Bonny Becker's avatar

No other president has done this before, so we don't really know. He could be impeached and removed from office, but that's all up to the Republicans. Let's not forget that we aren't helpless. The GOP could change this anytime they chose.

Diane Ravitch's avatar

The Republicans will NEVER impeach him. His cabinet will never invoke the 25th Amendment. We have to get in the streets and make noise. He's a coward and he backs down.

Diane Ravitch's avatar

We now live in a dictatorship. Trump has "absolute immunity." How will we survive four years of his vindictiveness? He is firing experienced civil servants whose knowledge is priceless. He is destroying our government.

Hopeful's avatar

It would seem that other deportees are also innocent. There was a young man with an autism tattoo. His brother is autistic. Due process should be ensured for everyone else who was denied it, not just this man. The judge tried....but there they are, in prison in El Salvador. They should all be brought back and have their day in court. Preferably not a court where the outcome has been predetermined.

carla janson's avatar

Even guilty people should not be treated like they are treating these folks. They are human beings.

Hopeful's avatar

The Supreme Court ruled due process is a fundamental right and must be observed going forward. An earlier judge ruled the men must not be deported, ordered the administration to turn the plane around---but the Trump administration said it was too late. If they can get the one out of the El Salvador prison, then they can bring them all back. That's what I'm hoping will happen.

elliottoberman's avatar

Excllent analysis, by Andrew, right on the button with the angles, well done!

Shalom Fisher's avatar

Yes, the convicted orange felon is wreaking his vindictiveness and cruelty on the basics of American democracy.

His goal seems to be to destroy America as a viable, functioning democracy, as well as to torture and destroy anyone who might have given him the slightest insult or opposition.

Peggy Burns's avatar

Thank you both for your ongoing commitment to both the truth and the constitution.

SSMaine's avatar

Maybe I'm missing something, but given that the U.S. government paid El Salvador to take these people, how is this not human trafficking?

RRiveter's avatar

The whole thing that jumps out to me, in addition to the enormous injustice and illegality of it, is Trump's buddy relationship with this mafioso dictator of El Salvador. But if you read this guy's background, it is totally understandable. He comes from money, his father became a convert to Islam with Palestinian and Lebanese grandparents ( any terrorism connection? I don't know). Mom is Catholic apparently. He worked in his father's business, then went into politics to clean up El Salvador which was admittedly ridden with gangs and crime. He has been successful at that, and apparently has been reelected with great success. BUT, he has autocratically cracked down on the freedom of the press, on citizens' rights, on the judiciary, etc etc. Gee, sound familiar? I couldn't understand why Trump reached out to this guy, but boy, I do now.This young man is the South American Trump. These rich maniacs all stick together, stabbing the rest of us in the back, front and sides. And apparently, El Salvadorans are just peachy with all of this. No problem. I mean, look at the guy, straight out of The Godfather.

Cathron Cobb's avatar

As Chis Hayes just said, “this is the literal nightmare of the Founders” (it’s precisely what they constructed the Constitution to avoid). Can Justice Xinis refer lawyers who are not arguing in good faith for the Gov position refer them to their State law law licensing boards for lying about the facts of their case and even misreading the meaning of the SCOTUS directive??