First thing this morning, his lawyers filed a “sur-reply” in the Supreme Court. They did so to point out just how egregious the “shifting sands of lies” have been, as to his abduction, kidnapping, actually — and rendition to a Salvadoran hell-hole.
Wake up, Justices KBJ, Kagan and Sotomayor — demand a quick straw-vote, on the petition the Chief is… sitting on. Summarily order his immediate release — get him home — on a government plane today. Right now — here is that new filing, and a bit:
…The Government’s attack on the injunction’s use of the verb “effectuate” all but concedes that the order appropriately requires it to “facilitate” Abrego Garcia’s return. To “facilitate an alien’s return” includes “engag[ing] in activities which allow a lawfully removed alien to travel to the United States.” Reply 6 (citing ICE Policy Directive No. 11061.1, § 3.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens (Feb. 24, 2012) (capitalization omitted)). The only thing preventing Abrego Garcia from returning to the United States is the Government’s arrangement to have him incarcerated in El Salvador. See SA096-100; Opp. 2. . . .
Recognizing that the Government’s concession below that it lacks a “satisfactory” answer as to why it “can’t” bring Abrego Garcia back is case-dispositive, the Government’s Reply (at 5) takes the extreme step of disavowing its own lawyer’s statements. Yet the Government still has not supplied a satisfactory answer to that central question. It points to no evidence—only pure conjecture about El Salvador’s general views on criminal enforcement. But Abrego Garcia left El Salvador as a teenager in 2011 and has not been charged with a crime there (or here). The United States arranged his incarceration and surely can arrange his release.
Nowhere in any of its briefs has the Government stated that the United States is actually powerless to facilitate and effectuate Abrego Garcia’s return. It can and it should….
Courts would cease to function if they could no longer rely on concessions by counsel at oral argument. There is no basis for the Government to withdraw the good-faith admissions of its experienced agent simply because it now finds them inconvenient….
This is an astonishingly deplorable position the US has taken, in the person of Kristi Noem. Onward!
नमस्ते
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