Judge Xinis is set to haul the government in front of her bench over the next two weeks and make them explain under oath what they're doing. I know the timeline seems awful given that Kilmar remains locked up. But this is not a case where she can just order him brought back tomorrow, given Bukele. - ThreadSky

reichlinmelnick.bsky.social • 67 days ago

Judge Xinis is set to haul the government in front of her bench over the next two weeks and make them explain under oath what they're doing.

I know the timeline seems awful given that Kilmar remains locked up. But this is not a case where she can just order him brought back tomorrow, given Bukele.

Reposted from Anna Bower

And that's it. Hearing over. There will be an expedited discovery period, with depositions set to be completed by 4/23.

Comments

newfmom29.bsky.social•67 days ago

The government has ALREADY LIED UNDER OATH

dankeevy.bsky.social•67 days ago

Also, I think she is considering that the ACLU likely doesn't have unlimited resources, and that a much quicker timeline would incur them costs now, that may not be offset until much later, both financial and in terms of personnel.

reichlinmelnick.bsky.social•67 days ago

This isn't an ACLU case actually, it's a local firm backed up by Quinn Emmanuel.

dankeevy.bsky.social•67 days ago

Ah, I thought they (ACLU) took the litigation lead on all the pending cases now. Yeah, a small local firm almost entrenches the point even more.

jimmyalto.bsky.social•66 days ago

#FunFact

Quinn Emanuel Urquhart & Sullivan, LLP is an American white shoe law firm headquartered in Los Angeles, California. The firm employs approximately 1,000 attorneys throughout 35 offices around the world.

carpenter22.bsky.social•67 days ago

She can appoint someone to act on the court's behalf to arrest someone for contempt of court. This is part of the civil portion of the legal code we have in the United States and it gives this power to judges in order to circumvent the DOJ in their efforts to defeat the courts.

saikovampiress.bsky.social•67 days ago

And Civil contempt arrests can not be pardoned. It's best that every step of this is meticulous.

thinlyveiledtruth.bsky.social•67 days ago

It’s also lightning speed compared to discovery in other cases.

youkillmyfather.bsky.social•67 days ago

Odds they just get him sent back to make this moot. Then start deporting proceedings.

iwantyoustudio.bsky.social•67 days ago

I have designed a poster in support of Kilmar Abrego Garcia. If you would like a print file of it to print out and display in your window or use at a protest (or whatever else), please message me. : )

brettmccabe.bsky.social•67 days ago

The Church Lady asks: Hmmm, is there anyone who could have him returned immediately? Hmmmm, maybe Satan?!!

woozleweasels.bsky.social•67 days ago

They have not stopped, what they did stop was ability to track those flights by removing flight trackers, how many more innocent people have been disappeared? My guess is lots.

abeyerl.bsky.social•67 days ago

I'm not lawyer- what will the government be explaining and to what end?

peanut24.bsky.social•67 days ago

I appreciate how aware she was of the irreparable harm to him, how she keeps mentioning it, and how quickly she is trying to dot the i's and cross the t's to make her record.

mynahleague.bsky.social•67 days ago

So if DHS says if he arrives at any port, he’ll be denied entry and returned to El Salvador, does the judge have any say? Also if DOJ show judge some paper Bukele signed re :terrorism, then what?

1donaldlee.bsky.social•67 days ago

I'm not a lawyer, so this could be foolish: It seems Xinis is about this the wrong way. If the courts would hold that all admin officials, including POTUS, are subject to civil and criminal liability for violating civil rights previously recognized by the courts then Kilmar would be back in hours.

yolowinr.bsky.social•67 days ago

Andry Hernandez Romero, a gay makeup artist who came to the United States last year in search of asylum, is one of 238 Venezuelan migrants who were flown from the U.S. to a maximum security prison in El Salvador three weeks ago.

darinnajem.bsky.social•67 days ago

Yes, the justice always seems so slow when lives are in actual danger. But let's not lose faith in justice just yet, the fight goes on and is far from lost.

dustinheron.bsky.social•67 days ago

As long as she understands that he will probably never be seen alive again, i guess.

savannahskeath.bsky.social•67 days ago

Unfortunately, holding the government in contempt or trying to give Bukele orders also means any chance of him coming home collapses. It’s a trade-off between deserved consequences and the safety of the innocent.

dustinheron.bsky.social•67 days ago

He is not coming home.

dustinheron.bsky.social•67 days ago

Furthermore, they are not giving Bukele orders. They have a MOU with El Salvador and have brought people back before. This is a choice and it is in defiance of the courts.

savannahskeath.bsky.social•67 days ago

Xinis has brought up the possibility of direct judicial communication with El Salvador if refusal to facilitate continues—mostly to say that she’s not addressing it—but just mentioning it makes a point. It’s a weird grey area under both IL and the structure of US gov.

dustinheron.bsky.social•67 days ago

That's all well and good but the question before her has an obvious answer that everyone in the country already knows.

yinzer.bsky.social•67 days ago

Maybe this is naive of me but I feel like these next two weeks are (in part) designed to create a water tight record of the government’s disobedience for when the DOJ inevitably appeals her order at the end.

youtackything.bsky.social•67 days ago

I suspect it's also intended to pressure the government into changing course. They don't want discovery.

gschenendorf.bsky.social•67 days ago

That, and/or justification for contempt of court

saikovampiress.bsky.social•67 days ago

It also an air tight case for civil contempt. This would allow arrests that can not be pardoned. It may not happen quickly, but having a solid record is better than haphazardly making a final ruling.

sarahtoninnnn.bsky.social•67 days ago

I mean, yes she can. She can order them to take specific steps and I’m guessing she is going to do that today or tomorrow.

eric1990s.bsky.social•67 days ago

SCOTUS might’ve intervened with the deadline but at least that allowed us to know that scotus doesn’t tolerate this “no due process” bullshit. It also makes it more dangerous for the doj to mass deport with risks of contempt.

tznkai.bsky.social•67 days ago

That read to me like her laying the ground for criminal contempt.

louisamiller.bsky.social•67 days ago

Amazing what these people are putting the country, him, his family through rather than say, "We listened to one very questionable cop who 7 yrs ago said something unsubstantiated and maybe effed up."

sgemmill.bsky.social•67 days ago

Thank you for covering this and bringing us the facts, Anna!

fredgrott.bsky.social•67 days ago

maybe we get the added bonus of most DOJ staff refusing to enter court to loose their license and forcing upper DOJ staff including Bondi to show up and loose their law license...

noelly25.bsky.social•67 days ago

Where are the contempt of court charges?

exadyto.bsky.social•67 days ago

She’s doing exactly what a judge would do to set up contempt of court. More quickly than normal, believe it or not.

jjjessee.bsky.social•67 days ago

What force of Nature or goodwill could bring them to the deposition table?

isauntervaguely.bsky.social•67 days ago

What happens if Kilmar dies in the camp before the end of April? Those conditions are not good. Does this case just end and there's no chance for it to become a precedent?

If so, that would set up a pretty chilling pattern.

kilocharlie237.bsky.social•67 days ago

Good point .
It's a prison. Put a hit on him by a native prisoner and sponsored by the prison.
Guarantee financial reward and support to the family.

buttercup123.bsky.social•67 days ago

If that happens, I hope someone with clout sues every single person involved (including Trump) for every penny they have or ever will have 😡😡😡

freethinker65.bsky.social•67 days ago

Probably hoping Discovery, airing Trump's true rationale for deporting Hispanic tattooed males denied due process to a foreign prison funded by U.S. money, but with no U.S. authority upon the deportees arrival, is not something Trump wants to be made public.
There's an easy way to avoid discovery!

teedublavee.bsky.social•67 days ago

LFG!

jvansul.bsky.social•67 days ago

Justice always seems to move as a glacier while injustice is an avalanche.

xpatngdl.bsky.social•67 days ago

Like that trashed supreme 🤮🤮🤮🤮🤮🤮 court

dutchiegirlie.bsky.social•67 days ago

I would love to hear DOJ attorney explain how Kilmar Abrego is a member of MS-13 & a child trafficker, & yet his being deported was an administrative error? Pretty clear that the tacking on of these fictitious crimes came AFTER Trump and DOJ were called out for deporting an innocent man

teepiieh.bsky.social•67 days ago

So had he been reasonable ( I know it is paradoxical given the evidence we see to the contrary), in the OO yest., we could have seen this come to a conclusion this week?

genkidesuu.bsky.social•67 days ago

Why can a judge issue an order to turn the planes around (like B a couple weeks ago, which I’m assuming would normally would be abided by), but X can’t order him returned? And how much bc do judges normally take before they order contempt? Ugh.

youtackything.bsky.social•67 days ago

The planes were American planes flown by American pilots, and so the planes were under the direct control of the American government.

Abrego Garcia is not currently under the direct control of the American government.

She already *did* order the government to work on returning him.

sarahtoninnnn.bsky.social•67 days ago

She can order the specifics steps they need to take immediately to start getting him back which I’m sure she will do today or tomorrow

genkidesuu.bsky.social•67 days ago

Knocking on all the wood! And when they inevitably don’t follow those orders, she can hold them in contempt, yea? Thanks for your input!

sarahtoninnnn.bsky.social•67 days ago

This expedited discovery alone will find them in contempt,

genkidesuu.bsky.social•67 days ago

🙏🙏🙏

genkidesuu.bsky.social•67 days ago

Ugh the errors 🙇‍♀️🤦‍♀️ @bsky.app please edit function!😩

avernalaw.bsky.social•67 days ago

A finding of contempt is, in some ways, a last resort. The judge needs to make sure that the judge is not jumping to that. Here, she is asking for discovery (information) to fill in holes. Then she can say that counsel is not following her orders and show multiple issues.

avernalaw.bsky.social•67 days ago

I've been in front of Judge Xinis. I found her to be fair to both sides, even when I didn't think she was correct. She knows what the rules say and what the proper boundaries are. But do not mistake that for weakness or being sanguine. She's pissed.

genkidesuu.bsky.social•67 days ago

Oh wow thank you for the response! This is really helpful and clarifying 💗

betsysmom.bsky.social•67 days ago

Will Pam Bondi be hauled in?

vmg-ylw.bsky.social•67 days ago

They’re -all- going to get deposed. Kristi Noem (as Sec. DHS) is a party to the case. She is named as a defendant in Kilmar Abrego Garcia v. Kristi Noem, along with other officials such as the Acting Director of U.S. ICE, the Attorney General, and the Secretary of State.

vmg-ylw.bsky.social•67 days ago

🙈 Acting Director of U.S. ICE: Tom Homan
🙉 Attorney General: Pam Bondi
🙊 Secretary of State: Marco Rubio

krisve.bsky.social•66 days ago

The gov’t was ordered to facilitate and they’re ignoring that order under the over of their double talk word games and propaganda

diplockcourts.bsky.social•67 days ago

A must-read:

Trump's Slave Trade 2025: Kidnapped, Trafficked, and Sold
https://www.thepensivequill.com/2025/04/trumps-slave-trade-2025-kidnapped.html?m=1

robvo.bsky.social•67 days ago

Ive seen reporting that some of the other 8 who have been returned were already in El Salvador's custody. If they can return those folks...

lordaang.bsky.social•66 days ago

I don't understand the original premise of the concern. The president said this guy was undocumented and part of a designated terrorist organisation, MS 13. He is from el salvador. Why is it an issue that he was deported?

travalanch.bsky.social•67 days ago

Man you just know that any internal communications about his status are gonna be absolutely packed with slurs

numlock.bsky.social•67 days ago

So, how’s Bukele getting paid for this? Flat fee for each prisoner for however long he bothers to keep them alive? Recurring payments for everyone still locked up? What happens if the payments stop coming? Pretty bleak when the best case scenario involves life in prison with no court sentence

jamiecarracher.bsky.social•67 days ago

Where does this lead then? The government has to show some indication it has tried to get him returned? Why couldn't they say they asked and the dictator said "no" and that's that?

mattprorok.bsky.social•67 days ago

Because he didn't say no; there's no evidence that they asked him, for starters, and the only evidence we have of his position is the press conference, in which he said (in effect) that he couldn't send Abrego Garcia back to the US because it would violate US law.

jamiecarracher.bsky.social•67 days ago

Right. But could they ask him to return Garcia *wink wink* and the answer be "Sorry, can't do it"? I don't understand why they don't just do that because they are already playing games.

langdongrant.bsky.social•67 days ago

Seems like the actual written agreement between the US and El Salvador (if there is one) is key here. If it says the US retains control over the disposition of the deportees, that's pretty much game over for the Trump administration, right?

/1

makani-noho.bsky.social•67 days ago

And it would be absurd if there is no written agreement. But theyʻll probably try to obfuscate with "national security" or "executive privilege" BS.

langdongrant.bsky.social•67 days ago

At which point the judge will say, "OK, instead of providing the agreement to the plaintiffs, file it under seal with the court and I'll review it to see what it says and decide whether some or all of it can be disclosed." Plenty of precedent for her to do that.

makani-noho.bsky.social•67 days ago

Thanks, excellent point.

langdongrant.bsky.social•67 days ago

They'd no longer be able to argue "We have no authority to get him back, it's up to El Salvador" when their own agreement with El Salvador says the US retains control over the deportees.

If, on the other hand, the agreement cedes control of the deportees to El Salvador, then I think...

/2

langdongrant.bsky.social•67 days ago

...the Trump administration has even bigger problems, because it'll mean they've not just deported people, but have effectively extradited them to the indefinite punitive custody of a foreign government without any process, ergo the whole arrangement is illegal and must be shut down.

/end

makani-noho.bsky.social•67 days ago

Particularly if he ever tried to use it against American citizens!!

jamesmcgowan.bsky.social•67 days ago

We the taxpayers are paying for government lawyers to flagrantly break the law. Over and over. All across the country. Burns me up.

basedbot.bsky.social•67 days ago

https://bsky.app/profile/basedbot.bsky.social/post/3lmuvzvluts27

julia.cool•67 days ago

everything is happening extremely slowly but from what i understand, in legal terms, this is lightning fast, right?

sacornus.bsky.social•67 days ago

Outsider to the law world too- and most legal literate people say- things are moving fast for the courts!

The 2 weeks for discovery is apparently the bare minimum she can offer.

ostensiblyethan.bsky.social•67 days ago

Seems like she's very worried about creating snap appellate points, too. She knows they're itching to throw this back up on appeal, so she's trying to get as much done as she can before they can inject more appellate delay (they'll try anyway).

corynwolk.bsky.social•67 days ago

I understand the distress but not the outrage at judges following legal procedure in these cases. If people are upset that a judge orders an intermediate step that will likely be defied, why do they think a judge ordering the end goal on less airtight grounds would bring a faster resolution?

location3.bsky.social•67 days ago

I hope they remember that they don’t have immunity

rachaelkoev.bsky.social•67 days ago

Question: How is this different from what they've been doing for the last few days?

dustinheron.bsky.social•67 days ago

It's been the same shit every day for weeks and the judges keep saying "ok I'll give you another chance tomorrow to tell me something different."

mdasilva.bsky.social•67 days ago

Members of the administration will have to testify in-person, under oath.

gracipher.bsky.social•67 days ago

What if they refuse to appear?

mdasilva.bsky.social•67 days ago

Then the officials in question will be found in contempt of court.

irishwhisky24.bsky.social•67 days ago

I mean, at this point, what's stopping them from lying under oath?

proudlyblue.bsky.social•67 days ago

Why won't Chief Justice John Roberts issue a quick statement to more clearly state his court's meaning of the word 'facilitate'?

mmorgenschoen.bsky.social•67 days ago

because he doesn’t give a shit and is quite comfortable with what trump is doing?

mmorgenschoen.bsky.social•67 days ago

what will happen next if bondi refuses to let people show up for discovery?

reichlinmelnick.bsky.social•67 days ago

Because, like or not, he IS in Salvadoran custody right now. That fact makes everything different and more difficult. And Bukele is playing obtuse on purpose. https://bsky.app/profile/genkidesuu.bsky.social/post/3lmuxaztgv22u

bradybutler.bsky.social•67 days ago

Why is the custody argument is valid? If Trump did this with an American citizen, couldn't they play the same "sovereign control" card?

And, if that is the case, wouldn't that mean they've found a way to circumvent the constitution?

So doesn't the "sovereign control" argument have to be invalid?

eric3161.bsky.social•67 days ago

Can’t stand it when people give power to the wrong person (Bukele) and not enough focus on the power that got him there in the first place. It is obvious Trump can un disappear him as quickly as he disappeared him. It is a constitutional showdown and focus on Bukele is the DOJ narrative.

audreyii.bsky.social•67 days ago

But why isn't the lawyer who signed Sat/Sun/Mon's non-update updates in contempt?

emexastris.bsky.social•67 days ago

Legal requirements: https://bsky.app/profile/izzos.us/post/3lmuwswrm322y

clarissasorenson.bsky.social•67 days ago

This whole too cute 'we can't even make a request because he's in their custody, and besides he refused' from the admin to Bukele's 'of course I can't do something you didn't ask me to do' just to justify condemning men to prison without trial because we subcontracted to a lawless country

clarissasorenson.bsky.social•67 days ago

If the terms of the contract/treaty/whatever the fuck this arrangement is are that these men are beyond legal remedy and held without trial, the agreement should never have been made and might be illegal in itself

sarahtoninnnn.bsky.social•67 days ago

Bukele is paid off to say he won’t give anyone back. Bukele would lick trumps butthole if he asked nicely. So this makes no difference to me.

swiffy.bsky.social•67 days ago

If she were to order someone in DHS or State to make an affirmative request to the prison and coordinate transportation, could the US side refuse to comply? On sep of powers? Or the game is that they will tell Bukele to refuse on the sly, no matter how that flies in the face of the court?

genkidesuu.bsky.social•67 days ago

Thanks for answering 💗

bramacosta.bsky.social•67 days ago

Is it not more like Bukkake is a subcontractor? he has Physical custody, but juridically US is still responsible?

kennethconway.bsky.social•67 days ago

#DeportTrump

mullinshere.bsky.social•67 days ago

I took it yesterday that we haven't asked for or made any attempt to enable Abrego Garcia's return. Bukele's "argument" was that if he just let him go, he'd be letting a "criminal" loose in El Salvador.

sagastar.bsky.social•67 days ago

but he's being held in custody *on our behalf*!

doesn't that change anything?

leftysarepeople2.bsky.social•67 days ago

The comments from both Presidents yesterday makes it seem like it's Salvadorian custody without much of a caveat

reichlinmelnick.bsky.social•67 days ago

Whether that's true is something that has to be determined through discovery.

We actually don't that fact for certain because the administration refuses to disclose any details of the agreement.

catherine292862.bsky.social•67 days ago

I predict Discovery is goi g to be a farce and another slap in the face for Democracy.

txlawyer.bsky.social•67 days ago

There are plenty of public statements by the administration that El Salvador is holding all these guys for us. And it's all admissible against the government because they're all statements by a party opponent.

robert-e-630.bsky.social•67 days ago

At this rate it’d be easiest to simply send him to Spain or something

sfmaman.bsky.social•67 days ago

This discovery could be interesting. Shouldn’t what we are paying Bukele be public record? The contracts ? Or was this all done through signal?

sfmaman.bsky.social•67 days ago

How did we get a brand new detention center in El Salvador set up in 60 days? Was Trump making this deal before he was president?

sfmaman.bsky.social•67 days ago

I remember at first they were being sent to Cuba…

dustinheron.bsky.social•67 days ago

Seems like Xinis is treating it as fact 🤷

dustinheron.bsky.social•67 days ago

But theyve said so. Many many times. Publicly. In the transcript the government provided to the courts today, they say so.

youtackything.bsky.social•67 days ago

But not under oath, which matters in court.

dustinheron.bsky.social•67 days ago

I'm sure they'll cooperate to do so.

youtackything.bsky.social•67 days ago

Oh, I know.

reichlinmelnick.bsky.social•67 days ago

Point to where in the transcript it says that. If I've missed it, I'd love to know.

dustinheron.bsky.social•67 days ago

Did they not submit a transcript of yesterday's meeting in the white house?

reichlinmelnick.bsky.social•67 days ago

Yes. Nowhere in the meeting did Bukele or Trump say Kilmer is being held pursuant to a US deal. In fact they went to great lengths to suggest otherwise.

looserooster.bsky.social•67 days ago

If the admin WANTED him back I think they’d have the leverage to make it happen

mifordemocracy.bsky.social•67 days ago

There's a very similar situation that occurred in 2018. The administration was ordered to find and return someone mistakenly deported to Iraq, and they did.
This Isn’t the First Time Trump Has Mistakenly Deported Someone https://www.nytimes.com/2025/04/15/us/politics/trump-deportation-maryland-man.html?unlocked_article_code=1._04.Mk30.XE8zCAAsl_67&smid=nytcore-android-share

mrmoa.bsky.social•67 days ago

Can you be pardoned for contempt, or is that a different kind of thing?

txlawyer.bsky.social•67 days ago

This would be civil contempt, and no, civil contempt is not subject to presidential pardon.

clearlyclaire.bsky.social•67 days ago

Criminal contempt, yes

makani-noho.bsky.social•67 days ago

There is criminal contempt and civil contempt. Contempt is an Article III (judicial) power to retain control of the courtroom. I think there are strong constitutional issues that could be raised if the Executive (Trump) sticks his nose into the judicial branchʻs management of their courtroom.

planetgaia.bsky.social•67 days ago

I’m sure the Constitution has no relevance in Trumps dictatorship !!

tessakewl.bsky.social•67 days ago

I don't like these kinds of comments. It's almost like giving the orange monster a pass.

tameszu.bsky.social•67 days ago

Contempt that’s found due to non-compliance with a Court’s properly issued orders can potentially be purged by the party satisfactorily acting in compliance with the Court

sapphicradagon.bsky.social•67 days ago

His first pardon was a contempt conviction of Joe Arapaio

penman1961.bsky.social•67 days ago

"...over the next two weeks..."

Justice delayed is justice denied.

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