Reposted from
Steve Vladeck
The question isn’t whether a federal court can order the Salvadoran government to release Garcia; it can’t.
It’s whether the U.S. government has the ability to secure Garcia’s release. If so, then it can be ordered to do so, because then Garcia is in the “constructive” custody of the United States.
It’s whether the U.S. government has the ability to secure Garcia’s release. If so, then it can be ordered to do so, because then Garcia is in the “constructive” custody of the United States.
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