@TexasObserver The CEO of #UnitedHealthcare that was shot by #Luigi Mangione will be remembered as Brian Thompson.
But the first #ICE member to die during an illegal #rendition will simply be remembered as an #American #Gestapo. 
#Resist. #DoNotComply and #DoNotCollaborateWithFascists in #USpol.
Senator #VanHollen — also refreshingly given the lies & obfuscation from the #Trump admin & #DOJ — tells EXACTLY what he did today in #ElSalvador to try to see or speak with #KilmarAbregoGarcia, exactly what the VP of El Salvador said in response to his queries & exactly what steps he will take now.
Ahhh (sigh of relief) #Democrats are so nice that way.
#Maryland Democrat Senator #VanHollen shares update from #ElSalvador as he tries to meet with #KilmarAbregoGarcia.
At the airport Wednesday morning, Van Hollen said he hopes to visit Abrego Garcia to "check on his well-being," & meet w/Salvadoran govt officials.
"I do believe the government of El Salvador, the president of El Salvador will recognize that it's very much in their interest to help bring him home so he can have #DueProcess," Van Hollen said.
“It should be a priority of the US govt to secure his safe release, which is why tomorrow I am traveling to #ElSalvador. My hope is to visit Kilmar & check on his wellbeing & to hold constructive conversations w/govt ofcls around his release. We must urgently continue working to return Kilmar safely home to Maryland,” #VanHollen continued.
I hadn’t seen that the #DOJ actually submitted a transcript of the #Trump / #Bukele presser to the court as part of their status update. Absolutely ridiculous.
STATUS REPORT by Kenneth Genalo, Todd Lyons, Kristi Noem, Marco Rubio Attachment 1: Unofficial Transcript: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.1.pdf
Case main page: https://www.courtlistener.com/docket/69777799/abrego-garcia-v-noem/
#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.
#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].
Xinis: The Govt has taken differing positions in past of what "facilitate means"... it doesn’t necessarily mean you have to gas up plane, but you have done it before…
Ensign brings up the potential for appeal.
Xinis: the Supreme Court has spoken, there is in my view nothing to appeal.... So in my view, we do discovery. Now, do you wish to be heard on scope of 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
Ensign [#DOJ] now points to paragraph 9 of the declaration by a govt official, which it submitted earlier today, regarding what would happen if #AbregoGarcia presented at a point of entry. [see above] The declaration said he'd be removed to 3rd country or back to El Salvador after rescinding the withholding of removal...
Xinis: Have you done it? [Brought him back?] If you haven't done it, then it’s speculative....
Xinis: We're gonna do this by rules of #CivilProcedure. Press conferences won't do. We're gonna do interrogatories...follow rules...
Xinis: I'll remind everyone here that there are no business hours. It'll be 2 weeks of "intense" discovery. Once we have the record, we’ll take it from there.
Ensign: Transcript of oval office meeting sets forth evidence consistent w/ federal rules of civil procedure.
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."
The #DOJ submitted its declaration to Judge Xinis. #ICE official Joe Mazzara says that if #KilmarAbregoGarcia *presented* [magically?] at a US port of entry today, #DHS would detain him, "remove him to a third country" or end the block on his #deportation & ship him back to #ElSalvador.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.77.0.pdf
So that is what they’re claiming now is the reason for why they won’t facilitate bringing him back to the #UnitedStates.
