Trump Administration Misled Court in Deportation Case, Judge Rules
Brian Tyler CohenDecember 11, 202513 min253,075 views
25 connectionsΒ·40 entities in this videoβJudge Orders Release from Immigration Detention
- βοΈ A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, ruling he was held without authority for approximately four months.
- π Garcia was initially picked up after being released from pre-trial criminal detention, but the judge found the subsequent immigration detention lacked a final order of removal.
Vindictive Prosecution Claims
- π₯ Garcia is fighting his criminal charges on two fronts, including a major reckoning for vindictive prosecution.
- π― He claims his treatment in immigration detention and subsequent events were purely vindictive, stemming from his win for pre-trial release on smuggling charges.
- β οΈ The government allegedly gave Garcia two options: plead guilty and go to Costa Rica, or fight at trial and risk being sent to Uganda, a basis for his vindictive prosecution motion.
Government Misrepresentation and Appeals
- π€₯ The judge found that the DOJ affirmatively misled the tribunal, particularly regarding Costa Rica's willingness to accept Garcia.
- π° A Washington Post report exposed the government's claim that Costa Rica had changed its mind as a lie, with a Costa Rican official confirming Garcia was welcome.
- π The DOJ is likely to appeal the ruling, but the judge gave the government numerous chances to provide a valid removal option.
Contempt and Personal Liability
- β³ The judge ordered the government to report Garcia's status by 5:00 p.m. Eastern time, with potential for contempt proceedings if defied.
- π« Civil contempt, rather than criminal, is the option dangled by the judge, with potential sanctions for defiance of court orders.
- π§ββοΈ Attorneys have an ethical obligation of candor to the tribunal, and misleading the court can have consequences, potentially impacting law licenses.
Administration's Motivation and Relentlessness
- π© The administration may view Garcia as a canary in the coal mine, aiming to make an example to assert dominance over the broader immigration population.
- β Despite the administration's potential relentlessness, Garcia and his lawyers have fought every step of the way, including up to the Supreme Court, for his release.
- π€ The case highlights a power grab by the administration, potentially seeking to whisk individuals away in defiance of court orders without recourse.
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Whatβs Discussed
Immigration DetentionHabeas CorpusVindictive ProsecutionDeportationDOJDHSCourt OrdersContempt of CourtAppealsCosta RicaEl SalvadorHuman RightsPre-trial ReleaseSanctions
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