Fed up judge takes swift action against Trump - Brian Tyler Cohen

[TexasTowelie]

Legal Breakdown episode 508: ‪@GlennKirschner2‬ discusses an exchange between Trump's attorneys and Judge Xinis.

Transcript:

you're watching the legal breakdown
glenn we're obviously coming off of the
cataclysmic 9 to nothing unanimous
decision forcing the Trump
administration at the hands of the
Supreme Court to bring back wrongly
deported by virtue of an administrative
error at Brago Garcia now the Trump
administration had to go back to the
district court level and figure out the
intricacies of that thing so the the
federal government met with the judge
met with Garcia's lawyers today can you
explain what just happened in court yeah
Brian there was a lot of give and take
and it seemed to get heated at times
because I don't know why but it seems
like the Trump administration is
determined to drag its feet even though
the Trump administration the DOJ lawyers
admitted that what they did was unlawful
and the Supreme Court in no uncertain
terms said it was unlawful it was
unconstitutional a violation of due
process it was in violation of a federal
judge's order that Garcia not be
deported specifically to the country of
El Salvador but they went back into
federal district court in Maryland where
the case originated and you know the DOJ
lawyers tried to make it seem like oh we
we just need to know more about what a
four paragraph basically Supreme Court
ruling means and here is the problem the
Supreme Court's ruling by the by the
majority of the justices even though it
was unanimous you know it said "Well we
understand that the Maryland federal
judge ordered the Trump administration
to quote facilitate and effectuate
Garcia's return." The Supreme Court said
"We know what facilitate means but gosh
we're trying to figure out what
effectuate means and we want the trial
court judge in Maryland to explain what
she meant by effectuate." I I swear
Brian it made me feel like we were back
in that congressional hearing when Bill
Bar had to grapple with what the word
suggest means remember remember back to
the days of like Bill Clinton i that
depends on your what your definition of
is is you know you know sometimes these
politicians just can't give it up um so
you know the the problem now is the DOJ
lawyers jumped on that and they said
well judge you know we need to
understand what you mean by effectuate
and then there's another line in the
Supreme Court opinion that I would say
the DOJ lawyers used as an excuse to try
to engender more delay into this process
and let me tell you they are playing
with the life of Mr garcia who fled El
Salvador because he was receiving death
threats and his parents were being
extorted a judge in the United States
ordered that he not go back to El
Salvador because his life is in danger
and now you got these DOJ lawyers
playing this stupid dangerous hopefully
not deadly game of delay but here's the
other line in the Supreme Court opinion
the Supreme Court justices said "Well
the government the Trump administration
should be prepared to share what it can
with the trial court judge concerning
the steps it has taken and the prospect
of further steps if that's not
sufficiently merely mouthed." And so
what did the DOJ lawyers argue today
well the Supreme Court said "We should
be prepared to share what we can judge
we're not yet prepared to share anything
we need some more time we need some more
information so you know this is a an
ugly game the Trump administration is
playing so here is what the judge said
Judge Shines she said that she is
ordering the Trump administration to
take all available steps to facilitate
the return interestingly she got rid of
the word effectuate alto together from
her order facilitate the return of
Abrego Garcia to the United States as
soon as possible and the judge put them
on a short leash and said "I want
immediate and frequent updates on Mr
garcia's location on Mr garcia's status
and on what steps you have taken and
what steps you intend to take to
facilitate his return." So I think
they're going to be back in court early
and often until the federal courts you
know get out of the Trump administration
what they ordered them to do glenn I'm
going to read a quote from the judge she
said "I hope you will in good faith
comply and we'll take it from there i do
know that I want daily updates until
this matter is resolved if your daily
update is zero then that is what it will
be it's important to go on record as to
what you're doing or not doing." So this
sounds a little bit differential to kind
of put all of this in the hands of a
Trump administration which you know on
its face would be fine if it was a
normal administration but this is an
administration that's already shown
itself to be acting in bad faith so why
give them that difference why say that I
hope you will in good faith comply and
will take it from there knowing that
these people will get an inch and take a
mile yeah i I don't know i read that
same quote and I was disheartened
because the Trump administration acting
in good faith when it comes to the way
they deal with immigration matters is
like me saying you know well I hope that
you know a unicorn lands in my backyard
wearing a saddle bag filled with a
million dollars i mean I think what the
judge needs to do is set hard and fast
deadlines guidelines and measuring
sticks to get this damn thing done or
else the Trump administration is going
to continue in my opinion to play these
dangerous and I'm going to say it again
hopefully not deadly games with Mr
garcia's life well that's the that's the
thing i mean every day that they're that
they're pursuing these delays is another
day that that his life could be in
danger i mean we don't even know if he
if he is alive right now by virtue of
the fact that they're presenting all of
these dilatory tactics these delay
tactics and so isn't there some pressure
that should be placed on the court not
to just kind of give deference to the
Trump administration but know that there
is a life ordeath scenario unfolding and
that we have a vested interest in making
sure that there is no delay that they
just get this person back immediately
because he shouldn't be there absolutely
and instead of saying you know I hope
the government acts in good faith if it
were me I would say by tomorrow at noon
I will expect concrete information
updating his status letting me know he's
okay and telling me what steps you have
taken and when you intend to have him
back on US soil or I will be setting a
show cause order for you to show cause
why Trump administration officials
should not be held in contempt of court
this is the way things need to proceed
because waiting and hoping for goodwill
from the Trump administration is no kind
of plan and so when do you think that we
will move from what is the what does the
federal government need to do to move
from a posture of I hope you'll comply
in good faith and we'll just see what
happens next to we need some information
tomorrow at noon i'm I'm putting on the
schedule a show cause hearing and uh and
we need some answers here when does what
is the impetus for it to go from one to
the other well as of right now Brian
what the judge directed was quote "All
available steps to facilitate his return
must be taken and I the judge want
immediate her word updates on location
status what steps have been taken and
what steps you intend to take." So then
I think you need to haul them back into
court tomorrow perhaps or Monday
hopefully not Monday um and get that
concrete information and if they fall
down on the job if they violate that
directive from the court you have to go
hard you have to move to the next stage
which is potential contempt proceedings
absent that you know this could linger
and again it can linger to Mr garcia's
detriment and do you have any any idea
in your own opinion as to whether this
would be the hill that that the Trump
administration opts to die on in terms
of uh refusing to comply with the court
orders and this by the way isn't just a
federal district court this is also this
is also a directive that was handed down
from the Supreme Court supreme Court
ruled nine to nothing in favor of Bgo
Garcia being returned to the United
States and so this wouldn't just be
defying uh this this federal judge uh
this federal district court judge it
would also be in defiance of nine
Supreme Court justices yeah Brian as
recently as yesterday you and I were
talking about how you know we were in
agreement that this doesn't seem like
the Hill the Trump administration wants
to die on when it comes to immigration
matters because they've already admitted
literally on the record that what they
did was quote illegal they agreed with
that it was unconstitutional it was in
violation of a court order but here is
what my concern is and this concern is
rising as I listen to what went on in
federal court today after the Supreme
Court sent the case back i almost feel
like the Trump administration is afraid
that if courts successfully order the
administration to return anybody from
overseas they are going to lose the
ability moving forward to ship people
overseas and resist court orders
directing them to be brought back in
other words it will set a precedent
maybe an actual legal precedent or maybe
just an atmospheric precedent and I'm
beginning to think that's why they are
playing this game with the courts they
don't want to be ordered to do something
that they think may hamper their ability
to successfully disappear deport uh
people in the future but that's just
kind of me projecting what I think their
bad faith motives might be and finally
last question and you had alluded to
this I think uh just a few moments ago
but um we're obviously you know heading
into a weekend do did the court stop i
mean you know this this the danger that
this person is facing isn't going to
isn't going to uh be mitigated just by
virtue of the fact that it's Saturday or
Sunday but does the court system stop
does the f does the the the Trump
administration's requirement stop just
because we're we're heading into a
weekend no the courts do not stop in the
ordinary course of business the courts
are doing business Monday to Friday 9
to5 however we have seen not
infrequently in this second Trump
goround judges working until midnight
judges working Saturday mornings judges
working Sunday afternoons uh so
especially in the immigration and
deportation arena Judge Boseberg for
example when the first uh plane load of
hundreds of Venezuelan immigrants were
unconstitutionally deported to El
Salvador Judge Boseberg in Washington DC
was issuing orders late Friday night
well into the early morning hours of
Saturday so I suspect we're going to see
the same treatment given to Mr garcia's
case by Judge Shenez in Maryland got it
well um with that said you know you and
I will continue to cover this stuff as
soon as we have any updates for those
who are watching if you want to follow
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channels right here on the screen i'm
Brian Teller Cohen and I'm Glenn Kersner
you're watching the Legal Breakdown