NYTIMES: “A federal appeals court in Virginia reaffirmed on Thursday that the White House needed to play a more active role in seeking the release of a Maryland man who was deported last month to a prison in El Salvador, despite a court order expressly forbidding that he be sent there.
In a sternly worded ruling, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit expressed exasperation at the Trump administration’s continued recalcitrance in refusing to help free the man, Kilmar Armando Abrego Garcia.”
“The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order,” Judge J. Harvie Wilkinson III wrote on behalf of the panel. “Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”
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"The panel also took issue with the White House’s repeated efforts to describe Mr. Abrego Garcia as a gang member and a terrorist, effectively dismissing the accusations as a sideshow irrelevant to the central issue in the case: that a man had been wrongfully deported to a foreign prison and the administration that made the error had essentially washed its hands of him.
“ 'The government asserts that Abrego Garcia is a terrorist and a member of MS-13,' the panel wrote. 'Perhaps, but perhaps not. Regardless, he is still entitled to due process.' ”
5 comments:
The collapse of American Democracy, the rule of law, constitutional guarantees and rights, and our cherished liberties may be soon things of the past.
Authoritarianism and rule by the whims of a malignant narcissist with hate coursing through his veins is what this nation chose for it's president. Even with his prior criminality and his displays of authoritarian and vindictive personality traits.
The clock is ticking and when he, like authortarians past and present there will be no going back.
As the judges said... Garcia, un US law, is entitled to due process, essentially, his day in court. Period. Full Stop.
If he is guilty, as the President and his team allege, then after being adjudicated, he can de deported. This is how it's done under the law in a Constitutional Republic.
Easy peasy, simple Simon for the folks like -FJ, Joe Con, Thersites and the rest of the anti, law & order, non Constitutional trolls who read and comment here.
Hard to believe that today, 250 years ago, Paul Revere made his infamous ride to alert a nascent America of a coming British invasion.
We used to celebrate the lives and actions of ppl like Revere alongside the hopes and dreams their actions embodied.
Now, as evidenced by the actions of the Trump Admin in the case of Garcia and their MAGA supporters, not so much.
Trump Admin official Sebastion Gorka, himself an immigrant to America, on NewsMax recently characterized those of us who believe in due process in the Garcia case, as such...
“It’s not left and right, It’s not even Republican or Democrat. There’s one line that divides us: Do you love America or do you hate America? It’s really quite that simple.”
For Gorka, apparently we cannot demand the Constitution be followed and still love America. But, as it always does, it got worse when he went further, saying...
“...you have to ask yourself, are they [he speaking of those of us supporting due process] technically aiding and abetting them [ppl who are to be presumed innocent until proven guilty] ? Because aiding and abetting criminals and terrorists is a crime in federal statute.”
This is America under the Trump Admin.
Following the Constitution IS loving America. Ignoring the Constution and the Rule of Law IS hating America.
The Felon President and those supporting his path to authoritarian tyranny actually hate America and its democratic process and institutions. It's why they are working at tearing it all down.
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