Second Update @ 5:20 pm EDT: He is travelling with a private security detail, and will have 24/7 private protection — in Maryland. So any MAGA nut out there be warned: you will be… literally taking your life in your hands, should you try to confront our men. End, second update. [See comment box, here — for the first update.]

The details of this order were already agreed, two hearings ago, in Courtroom 3D in Music City. So, likely later today, we will see that release on ankle monitor order.

And it pains me to say this (as in other notable federal nominally-criminal cases, like Martin Shkreli’s), I’ve posted when the defendant is moved from one federal facility to another.

But to be clear, there will be no such disclosure here — even though I will see it, privately.

There is a quite-credible basis to fear MAGA idiot lawlessness, if they were able to triangulate on this information (given the earlier death threats his wife and children received, when Noem posted her home address) — and credible basis to think at least some Noemites / ICE / DHS officers might use it to violate the court’s orders, and try to re-detain and/or… deport him.

So, we will go silent after we post the release order — and until something protective is published (likely in the Maryland federal district courts), on his All Writs Act claims. There you have it — a very troubling time in our 250 year quest for the supremacy of the rule of law — not tiny men and women.

Onward, just the same.

नमस्ते

We have our insouciant answer from Team Noem / Tangerine 2.0: Mr. Abrego Garcia will be released very shortly in Nashville.

He will promptly fly to Maryland — and hopefully he will be in a “safe house”. Hopefully, Noem doesn’t think she’s the Stazi. We shall see. Here’s the awfully intemperate Noem filing just now, in Music City — and a bit of it:

…The United States of America, by and through Robert E. McGuire, Acting United States Attorney, and makes the following response to the Defendant’s Motion to Amend Release Conditions (DE # 106). The United States has steadfastly objected to the Defendant’s release from custody citing his danger to the community and the risk of flight. By making the following response, the United States, to be clear, is not now abandoning that position.

The United States is aware that the Court ordered the defense to respond on behalf of the Government regarding the Government’s position if the Government did not oppose and only ordered the Government to respond if there was opposition to the Defendant’s Motion. However, undersigned counsel believed it was important to file the Government’s position on the record even though the Government is not opposing the Defendant’s Motion to Amend. Undersigned counsel has conferred with the defense and with Pre-trial services as ordered and hopes that the Court will accept this filing in lieu of the defense filing [Ed. Note: Geez! — the hubris of these Noemites!] since it accomplishes the same end: to alert the Court that the Government does not oppose the Motion….

…[S]hould the Defendant be released the United States submits that it has no objection to allowing the Defendant to have 48 hours to travel to Baltimore, Maryland once he is released from U.S. Marshals Custody. The United States understands that, pursuant to this Court’s prior ruling, that the Defendant will be placed on an electronic monitoring device before he is discharged from the facility where he is housed (and, thus, prior to his travel to Maryland) and has confirmed that Pre-trial Service and the U.S. Marshals Service are prepared to effectuate that part of the Court’s order. Therefore, the United States does not oppose the Defendant having 48 hours to travel to Maryland….

Similarly, the United States does not oppose, and would not oppose, the Defendant having access to his attorneys to prepare for trial should he be taken into immigration custody by the Department of Homeland Security at a future point. The United States has an obvious and significant interest in providing the Defendant sufficient access to counsel in order to secure a fair trial for both parties in this case. However, the United States would note that, should the Defendant be removed from the United States to another country via deportation [Ed. Note: what crazy manner of… a lawless pile of lies, might such an operation entail?!], the United States would no longer be in a position to facilitate the Defendant’s access to his attorneys at that point….

[That last bit of insouciance, in the final paragraph, has been counter-manded by no fewer than three courts. One of them a US Court of Appeals — and at least by implication, has been counter-manded by the Supremes, themselves in early April of 2025.] Damn. What an evil pack of miscreants. Out.

नमस्ते

Both sides have significant legal obligations here.

And it would not shock me to see Noem directly violate all the prior federal court orders (in Nashville and Maryland and the US Supreme Court!), and try to re-arrest him — in a “more friendly” (to her) jurisdiction. We shall see — but here’s where things stand, on this overnight motion, from Abrego Garcia’s excellent legal team:

…ORDER as to Kilmar Armando Abrego Garcia:

On 8/19/2025, the defendant Kilmar Armando Abrego Garcia (“Abrego”) filed a motion to modify conditions of release and issue release order. (Docket No. [106].)

If neither the government nor Pretrial Services opposes the requested relief, Abrego must, by 5:00 p.m. (CDT) on 8/20/2025, file a notice of no opposition.

Otherwise, the government must, by no later than noon on 8/21/2025, file any response in opposition to any aspect of Abrego’s motion.

If the government opposes any relief requested by Abrego, a hearing will be held on 8/25/2025 at 10:30 AM.

The U.S. Marshal is directed to transport Abrego for the scheduled hearing.

The stay of issuance of the release order, see Docket No. [97], shall remain in effect pending a ruling on Abrego’s motion to modify conditions of release.

Signed by Magistrate Judge Barbara D. Holmes on 8/20/2025….

Now you know. We await day’s end, to see which of the above shoes… fall, next. Onward, resolutely. Will the ICE-idiots try to kidnap him again? We shall see.

नमस्ते