The notion that these young idiots (even if they well-know Trump is a monster), cannot see (in their own interest in self-preservation) that they will end up like Mike Lindell, and Rudy Giuliani — just so much carnage, in Tangerine’s wake… is rather astonishing to me. They have seen this whole dumb show before — in 2018-2021. People acceding to Trump’s base instincts and stepping into the firefight he created, were… jailed; disbarred and bankrupted.
Hey, guys — please: do go ask Jenna Ellis or Mike Lindell how this all ends. Or, just read the newspapers (and federal decisions, on appeal) of the last four years. Damn.
[I will pause, and interject here, that Hinderaker willfully lies about the contours of this case tonight. He fails to mention that the 2019 “police officer” suborned perjury — and was later indicted for sharing cops’ drug trafficking investigative information with a known prostitute, his mistress. That is the caliber of the “evidence” John touts, out of NYC — a place where Mr. Garcia has never lived. John asserts that an MJ / Bulls cap makes one a… gang member. Huh. Am I, too deportable without due process then, Johnnie? Do tell. “First rule of holes — when your in one, stop diggin’, man“. John’s racism is on front street throughout that post, tonight. Back to the main topic, then:]
Here’s tonight’s latest loss, for Baby T on appeal — and the correlative win, for the rule of law — in seven pages of majestic language (and a bit):
…It is difficult in some cases to get to the very heart of the matter. But in this case, it is not hard at all. 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. 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…. [Abrego Garcia is] entitled to due process. If the government is confident of its position, it should be assured that position will prevail in proceedings to terminate the withholding of removal order. See 8 C.F.R. § 208.24(f) (requiring that the government prove “by a preponderance of evidence” that the alien is no longer entitled to a withholding of removal)….
The Supreme Court’s decision does not… allow the government to do essentially nothing. It requires the government “to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” Abrego Garcia, supra, slip op. at 2. “Facilitate” is an active verb. It requires that steps be taken as the Supreme Court has made perfectly clear….
[T]he government’s argument that all it must do is “remove any domestic barriers to [Abrego Garcia’s] return,” Mot. for Stay at 2, is not well taken in light of the Supreme Court’s command that the government facilitate Abrego Garcia’s release from custody in El Salvador…. “Facilitation” does not sanction the abrogation of habeas corpus through the transfer of custody to foreign detention centers in the manner attempted here. Allowing all this would “facilitate” foreign detention more than it would domestic return. It would reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood….
In sum, and for the reasons foregoing, we deny the motion for the stay pending appeal and the writ of mandamus in this case. It is so ordered….
Oh. And Mr. Mazzara filed another insolent, non-responsive sworn “update” again tonight — obstruction of lawful process, and under oath. There, contempt soon lies. Out.
नमस्ते
Powerline Lies... 
Wow, whoever John Hinderaker paid to take the bar exam for him didn’t do him any favors. I mean, did John miss Fifth Amendment day or something?
LikeLiked by 1 person
Well said all the way around!
And — as the cherry on the top of this very ridiculous banana split of lies — ones that John offered…
For about four hours tonight, the picture he was running with his little burping rant… Was not Abrego Garcia, at all.
It was another light brown skinned Latin man… he’s been demonizing.
But after all — “they” all look alike to John anyway.
What an embittered, sad hateful little old man he is.
Out.
LikeLiked by 1 person
In all seriousness, though, Hinderaker’s post is astonishinglhy dishonest, even for him. Red meat for his readers, I know, but still chock-full of falsehoods and mischaracterizations.
This is a lie. Garcia was granted this work permit in 2019 by the Department of Homeland Security, and was employed as a sheet metal apprentice. He had been granted a withholding of removal status, which allowed him to legally work and live in the U.S. This has been well documented. John is lying.
Garcia wasn’t deported. He was sent to an El Salvador prison at the American government’s behest, and U.S. taxpayers are funding his incarceration. He’s essentially a prisoner under the American justice system, but being held in a foreign prison — all without any charges being filed against him in either country. This is ridiculous.
Nope. He wasn’t threatened by a rival gang. Garcia never, ever used that term. His story hasn’t changed: He and his brother were threatened by a gang trying to recruit them, which they both refused to do, and both fled to America. This has been well documented. John is lying.
This anonymous informant (who has never been identified) allegedly told police the arresting officer that Garcia was an active gang member in New York, a place Garcia has never lived. The officer, Ivan Mendez, was suspended days later for leaking confidential police information to a street walker, who was also his mistress. Not exactly an unimpeachable source. As far as I know, his assertion that “a Chicago Bulls jacket and hoodie” was known MS-13 attire has never been substantiated, but even if it has, this “evidence” is very thin gruel. And that’s literally all the evidence that’s been presented to support the MS-13 accusation. The immigration judge who granted the stay found Garcia, who denied any gang affiliation, credible.
Garcia is also a domestic abuser
Garcia has never been convicted (or even charged) with this crime. Even his wife denounces that characterization. In a statement, she said she did seek a civil protective order in 2021 after a disagreement with Garcia, but noted that she had survived a previous relationship that included domestic violence, which triggered her fear. She did not appear at the court hearing, and the matter did not proceed. She has further commented
Is domestic violence a problem? Absolutely? Do some victims stand by their abusers, out of fear or loyalty? Again, yes. But last time I checked (which was right now), Garcia has never, ever been charged with a crime in either the United States or El Salvador, and the punishment for an uncompleted restraining order is not life in a brutal concentration camp. This has all been well documented. John is, at best, mischaracterizing the facts here.
But even if you dismiss all of the above, John is ignoring the Constitution. I assume he didn’t miss Fifth Amendment day in law school. The Fifth Amendment reads (in part):
Notice how it says “person” and not “citizen”? The evidence that Garcia is a person is pretty compelling, and yet he’s been deprived of liberty without due process of law. This is black-letter-law illegal.
But if that doesn’t convince you, let’s now peruse the Fourteenth Amendment:
Notice how it says “citizens” in the first part of the sentence and “person” in the second part of the sentence? That seems pretty important. Maybe John missed Fourteenth Amendment day.
So, even if Garcia is MS-13 (which hasn’t been definitively established in any way, shape or form), his capture and imprisonment is still unconstitutional.
If he were brought back to the U.S., and definitively proven in court, following the rules of evidence, to be a member of MS-13, then by all means deport him and let El Salvador do what they wish, and I won’t shed a single tear for him. But until then, his imprisonment is quite plainly illegal.
John went to law school. He should absolutely know this. But he’s gotta keep throwing that red meat, I guess.
LikeLiked by 1 person