Reagan appointed judge slams Trump.

[berg80]

Despite MAGA's characteristically dishonest attempt to make this about Garcia, it's not. It's about something much bigger.

Well, in fairness, maybe they're not being dishonest. Maybe they don't even have the ability to see it.

I would love to be in the presence of a MAGAist while reading this aloud.

The Supreme Court’s decision remains, as always, our guidepost. That decision rightly requires the lower federal courts to give “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” Noem v. Abrego Garcia, No. 24A949,slip op. at 2 (U.S. Apr. 10, 2025); see also United States v. Curtiss-Wright Exp. Corp., 299U.S. 304, 319 (1936). That would allow sensitive diplomatic negotiations to be removed from public view. It would recognize as well that the “facilitation” of Abrego Garcia’s return leaves the Executive Branch with options in the execution to which the courts in accordance with the Supreme Court’s decision should extend a genuine deference. That decision struck a balance that does not permit lower courts to leave Article II by the wayside.

The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” Abrego Garcia, supra, slip op. at 2. “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. See Abrego Garcia, supra, slip op. at 2 (“[T]he Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”). The plain and active meaning of the word cannot be diluted by its constriction, as the government would have it, to a narrow term of art. We are not bound in this context by a definition crafted by an administrative agency and contained in a mere policy directive.
https://s3.documentcloud.org/documents/25900477/25-1404-ruling.pdf

I'd love to watch them struggle to explain how a rock solid conservative jurist could write such a blistering opinion.

 

[Meathead]

Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an “incipient crisis.”

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case “should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.

Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ‘would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration “facilitate” the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an “administrative error.”

Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.

Ain't shit anyone can do about that thug except Bukele.

 

[Mac1958]

I would love to be in the presence of a MAGAist while reading this aloud.

The Supreme Court’s decision remains, as always, our guidepost. That decision rightly requires the lower federal courts to give “due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” Noem v. Abrego Garcia, No. 24A949,slip op. at 2 (U.S. Apr. 10, 2025); see also United States v. Curtiss-Wright Exp. Corp., 299U.S. 304, 319 (1936). That would allow sensitive diplomatic negotiations to be removed from public view. It would recognize as well that the “facilitation” of Abrego Garcia’s return leaves the Executive Branch with options in the execution to which the courts in accordance with the Supreme Court’s decision should extend a genuine deference. That decision struck a balance that does not permit lower courts to leave Article II by the wayside.

The Supreme Court’s decision does not, however, allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” Abrego Garcia, supra, slip op. at 2. “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear. See Abrego Garcia, supra, slip op. at 2 (“[T]he Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”). The plain and active meaning of the word cannot be diluted by its constriction, as the government would have it, to a narrow term of art. We are not bound in this context by a definition crafted by an administrative agency and contained in a mere policy directive.
https://s3.documentcloud.org/documents/25900477/25-1404-ruling.pdf

I'd love to watch them struggle to explain how a rock solid conservative jurist could write such a blistering opinion.

Yeah, he didn't mince words. You don't see something like that very often. He's deeply worried about what he's seeing.

Obviously they'd respond with RINO, as they do with all the other horrified conservatives who have been brave enough to speak out.

 

[BrokeLoser]

He was 16 years old when he came to the United States to escape the gang, to live with his brother who is a U.S. Citizen in Maryland.

When he is returned because of the ADMITTED MISTAKE by the Trump admin for illegally, in violation of a judicial order to NOT send him there...

The admin can request the protection order be removed by the court, Garcia gets his due process as well, and if the admin succeeds in such, they can send him back to the Gulag in ElSalvador.

This is simply about the rule of law.

Not whether Garcia is a bad guy or not, and not whether he is an illegal or not, and not even if he belonged to a gang in the past or not.

It's about the rule of law.

Under a declaration of emergency when dealing with one who’s been declared a terrorist the Executive is “the rule of law”…homosexual purple haired nose ringer globalists don’t get a say in it.
This is the play that Democrats have forced….Ya’ll can’t get out of your own way.

 

[berg80]

Yeah, he didn't mince words. You don't see something like that very often. He's deeply worried about what he's seeing.

Obviously they'd respond with RINO, as they do with all the other horrified conservatives who have been brave enough to speak out.

Still, I'd like to observe how one of them would reflexively try to twist reality in order to maintain their need to see the world in absolute terms. Clinging to the notion that any criticism directed at Don must come from a place of evil, or malice, and not a place with constitutional grounding.

 

[Mac1958]

Still, I'd like to observe how one of them would reflexively try to twist reality in order to maintain their need to see the world in absolute terms. Clinging to the notion that any criticism directed at Don must come from a place of evil, or malice, and not a place with constitutional grounding.

That's true. In fact, you'd probably get three or four TDS! before your first RINO!

 

[berg80]

That's true. In fact, you'd probably get three or four TDS! before your first RINO!

TDS has become a convenient escape hatch to avoid dealing with the substance of irrefutable observations of the demonstrable unfitness to be prez Don exhibits during his every waking hour. Like "fake news" it provides them with a vehicle to not confront the bankruptcy of their devotion.

 

[pknopp]

Ain't shit anyone can do about that thug except Bukele.

We could send dog killer Barbie again.

The courts are going to continue to act. 9-0 in the Supreme Court.

 

[Toddsterpatriot]

He was 16 years old when he came to the United States to escape the gang, to live with his brother who is a U.S. Citizen in Maryland.

When he is returned because of the ADMITTED MISTAKE by the Trump admin for illegally, in violation of a judicial order to NOT send him there...

The admin can request the protection order be removed by the court, Garcia gets his due process as well, and if the admin succeeds in such, they can send him back to the Gulag in ElSalvador.

This is simply about the rule of law.

Not whether Garcia is a bad guy or not, and not whether he is an illegal or not, and not even if he belonged to a gang in the past or not.

It's about the rule of law.

He was 16 years old when he came to the United States to escape the gang, to live with his brother who is a U.S. Citizen in Maryland.

That's a shame.

It's about the rule of law.

Exactly. Illegal aliens need to leave; it's about the rule of law.

 

[j-mac]

Reagan appointed judge slams Trump over his refusal to understand he is not above the law.


A federal appeals court rejected the Trump administration’s request that it halt the next steps Judge Paula Xinis is seeking to take in the case concerning a migrant who was wrongly deported to El Salvador, with a strident warning about the rule of law and the possibility the dispute presented an “incipient crisis.”

The 4th US Circuit Court of Appeals said in its seven-page ruling Thursday that the Trump administration’s assertions in the case “should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

The unanimous ruling was written by Judge Harvie Wilkinson, an appointee of former President Ronald Reagan.

Appeals court backs judge in Abrego Garcia case, saying Trump DOJ ‘would reduce the rule of law to lawlessness’

He was joined by Supreme Court justices in WV.


Two West Virginia judges on the 4th Circuit Court of Appeals joined a fiery order concluding that a conflict over a man’s mistaken deportation to a megaprison must adhere to America’s rule of law.

The appeals judges declined to lift a judge’s order that the Trump administration “facilitate” the return of a sheet metal worker and father-of-three from Maryland who was removed from the United States through an “administrative error.”

Appeals judges from West Virginia join order: Due process requires return of man deported in error - WV MetroNews

WV is an extremely red state but they won't even side with Trump.

It’s sad to watch these Judges murder their credibility…

 

[Care4all]

Under a declaration of emergency when dealing with one who’s been declared a terrorist the Executive is “the rule of law”…homosexual purple haired nose ringer globalists don’t get a say in it.
This is the play that Democrats have forced….Ya’ll can’t get out of your own way.

Trump team, illegally sent him there in defiance of a Court order....the admin admits they made the mistake....they need to make an honest effort, to rectify their mistake and facilitate his return in order to do that....

Once he is back here the admin can petition the Court to reneg his deportation protection to ElSalvador, when and if granted by the court, the admin can send him to the death sentence gulag in ElSalvador.....with no chance to leave the prison ever again, except in a coffin....we pay several million a year to ElSalvador to keep these ElSalvadoran citizens imprisoned until they die, I guess???

 

[Care4all]

He was 16 years old when he came to the United States to escape the gang, to live with his brother who is a U.S. Citizen in Maryland.

That's a shame.

It's about the rule of law.

Exactly. Illegal aliens need to leave; it's about the rule of law.

Do you know the difference between deporting them back, and paying the foreign country millions a year to hold them in their prison that is known for torture, and torturous conditions and the only way to exit the place is through a coffin, without trial or sentence, (with no means or possibility to defend themselves from their accusers)?

What if the govt made a mistake, and swept up your brother in law by this mistake....can Trump ignore the SC decision for him to facilitate his return? There has to be some means for due process which helps prevent these mistakes, human errors, from happening.... Imho!

 

[Toddsterpatriot]

Do you know the difference between deporting them back, and paying the foreign country millions a year to hold them in their prison that is known for torture, and torturous conditions

One of them is a deterrent to illegal aliens and the other is REALLY a deterrent to illegal aliens.

What if the govt made a mistake, and swept up your brother in law by this mistake

My brother-in-law isn't an illegal alien who made a fake asylum claim or a gang member or a domestic abuser or a human smuggler.

 

[jc456]

The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process.

I agree, he deserves every minute of the 5-minute hearing he should get.
Followed by immediate deportation.

Here you go

 

[berg80]

Illegal aliens need to leave; it's about the rule of law.

The rule of law says in Garcia's case his deportation must first be adjudicated. It's a simple concept. Why do you struggle with it?

 

[Toddsterpatriot]

The rule of law says in Garcia's case his deportation must first be adjudicated. It's a simple concept. Why do you struggle with it?

I don't struggle with it at all.
A 5-minute adjudication is fine with me.
It can even be done via Zoom.
From his cell.

 

[Oddball]

He's in more danger, the gang members proven to the judge, to be after him when he was 16 and escaped to America, are now all in the same prison they have him in.....

The gang that he's allegedly "afraid of" doesn't exist anymore....Meanwhile, he's proven MS-13 and has no fucking business in this country.

 

[pknopp]

I don't struggle with it at all.
A 5-minute adjudication is fine with me.
It can even be done via Zoom.
From his cell.

And when the judge enforces the previous ruling?

 

[whitehall]

"A fiery order" directed at the Executive branch of government and an overwhelmingly popular president by a couple of unelected bureaucrats? Isn't it time that democrats understood that persons who are illegally in the U.S. are subject to deportation?

 

[pknopp]

"A fiery order" directed at the Executive branch of government and an overwhelmingly popular president by a couple of unelected bureaucrats? Isn't it time that democrats understood that persons who are illegally in the U.S. are subject to deportation?

9-0 supreme court.