This Was An Astonishingly-Stupid Gambit By Kristi Noem — Now She’ll Reap The Whirlwind. Order Below!

The very capable USDC Judge Paula Xinis has entered her order, from today’s hearing.

I reproduce it below, in full — it is a BANGER! Enjoy:

…For the reasons discussed during today’s status conference, the Court finds that the Defendants have failed to comply with this Court’s Order at ECF No. 51. In advance of the conference, the Court had directed Defendants to file a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. ECF No. 51. Defendants made no meaningful effort to comply. Instead, they complained that the Order is “unreasonable and impracticable,” and involves “sensitive country-specific considerations wholly inappropriate for judicial review.” ECF No. 59 at 2.

During the hearing, the Court posed straightforward questions, including: Where is Abrego Garcia right now? What steps had Defendants taken to facilitate his return while the Court’s initial order on injunctive relief was in effect (from the afternoon of April 4, 2025, through the morning of April 7, 2025, and since 6:35 PM last night)? Defendants’ counsel responded that he could not answer these questions, and at times suggested that Defendants had withheld such information from him. As a result, counsel could not confirm, and thus did not advance any evidence, that Defendants had done anything to facilitate Abrego Garcia’s return. This remained Defendants’ position even after this Court reminded them that the Supreme Court of the United States expressly affirmed this Court’s authority to require the Government “facilitate” Abrego Garcia’s return. See Noem v. Abrego Garcia, 25A949, 604 U.S. ___ (2025), Slip Op. at 2.

From this Court’s perspective, Defendants’ contention that they could not answer these basic questions absent some nonspecific “vetting” that has yet to take place, provides no basis for their lack of compliance.

Accordingly, it is hereby ORDERED that beginning April 12, 2025 [a Saturday & Sunday!], and continuing each day thereafter until further order of the Court, Defendants shall file daily, on or before 5:00 PM ET, a declaration made by an individual with personal knowledge as to any information regarding:

(1) the current physical location and custodial status of Abrego Garcia;

(2) what steps, if any, Defendants have taken to facilitate his immediate return to the United States;

(3) what additional steps Defendants will take, and when, to facilitate his return.

A follow-up in-person hearing will be scheduled for Tuesday, April 15, 2025, at 4:00 PM.

To the extent Plaintiffs seek additional relief, their motion shall be filed no later than 5:00 PM ET on Saturday, April 12, 2025. Defendants shall file any response by 5:00 PM ET on Sunday, April 13, 2025.

So Ordered….

Way to go, Kristi — you’ve pissed off the wrong very capable USDC Judge. Get ready to have your a$$ handed to you. Grinning ear to ear — even as we know Mr. Abrego-Garcia remains in danger of some very bad event — due solely to Kristi Noem’s fecklessness.

[To be clear, Judge Xinis is making a daily written record, so that she may shortly jail any lawyer who appears before her — for non-compliance. Federal contempt of court is no laughing matter, and whomever Noem sends into court on Tuesday… they probably should leave their belt and watch at home, a wear a worn-out tie — because it may go into a bin, for return to the person incarcerated, after a few days. Damn.] Out.

नमस्ते

[U, X5 — JUDGE ORDERS FILING BY 11:30 AM EDT; Noem Lawyers Miss Deadline!] This Scandalously Brazen Depravity… Ought To Be Denied — But Be Given A Short Reprieve — Only Until 11:30 AM EDT, Today, By The Courageous USDC Judge Xinis.

D A M N A T I O N.

Update Nos. 4 AND 5, here: As of 12:45 AM EDT, Noem has nothing on the record to comply with Judge Xinis’s order — on the status of Mr. Garcia’s safety and well being. End, Nos. 4 and 5.

Stay tuned for 1 PM Hearing.

The monster-show continues, under Kristi Noem. Of course she and her lawyers knew there would be a Supreme Court decision, on Mr. Garcia — at any moment, since Monday. Of course, she suggests they shouldn’t have to work outside of bankers’ 9-5 hours, to save a man’s life?! Of course, she is the reason the man’s life is (wrongfully) in danger.

The able Judge Xinis actually did should only give them until around 11:30 AM Eastern, today. They’ve put a man lawfully in the USA in mortal danger, solely due to what at best looks like a very negligent error — and may have even been… intentional misconduct.

We shall see, but it may mean the next we thing hear is at the 1 PM status conference today (and this is from a grab from the government’s deplorable motion, in text — now rejected and disabled by the court clerk for errors — so I gather this is the sole public copy of it, below):

…[These are CONTRACT private prisons, the US is CONTRACTING with El Salvador — this is no “diplomatic” problem. The US absolutely has the right to order the return of its US prisoners, under the THE CONTRACT.]

It would also be impracticable for Defendants to comply with the Court’s 9:30AM deadline only a few hours after the Supreme Court issued an order in this case. The amended preliminary injunction further is inconsistent with the Supreme Court’s express directive that the compliance “deadline in the challenged order is no longer effective.” Id.

Defendants propose that the Court modify its order to allow Defendants until 5:00 p.m. on Tuesday, April 15, 2025, to submit its supplemental declaration, and to reschedule any hearing on this matter until Wednesday, April 16, 2025….

UPDATE @ 10AM EDT: The purported filing above was bounced for rule errors, in the filing — and disabled — but not before I got a PDF of it. This is a “corrected copy” — missing the inflammatory language (do stay tuned, right here — but the govt. is now in default on a court order from Judge Xinis!):

“…NOTICE regarding: [52] Motion for Extension of Time filed by Kenneth Genalo, Kristi Noem, Marco Rubio, Todd Lyons, Pamela Bondi, Nikita Baker. It has been noted as FILED IN ERROR, and the document link has been disabled.

**The name of the attorney who e-filed the motion does not appear on the document and the attorneys whose names are on the document are not admitted to the Maryland Federal Bar nor have they been granted a Special Appearance. An attorney may not e-file a document on behalf of another attorney. See Local Rule 102.1(a)(i) When a party is represented by counsel, the Clerk shall accept for filing only documents signed by a member of the Bar of this Court whose appearance is entered on behalf of that party. Use of any of the methods for signing an electronic document established by the Court, including use of an attorneys login and password to electronically file a document, constitutes the attorneys signature on the document….

Update No. 2 — Mr. Garcia’s lawyers have forcefully pushed back, thus: …the Government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk. Its request for an extension — filed this morning in defiance of the Court’s rules requiring consultation with Plaintiffs’ counsel — is another stunning display of arrogance and cruelty. It did not take that time to ponder whether to remove Garcia — which it effectuated within 72 hours of his unlawful seizure — and it does not need that time to comply with this Court’s and the Supreme Court’s rulings. We vigorously oppose the Government’s motion, and we further request that the Government immediately report on Mr. Abrego Garcia’s safety and well being. We will attend the scheduled hearing at 1 p.m….

End update No. 2.

Damn these soulless cowards, under Kristi Noem — and the political advisers / leaders of ICE, Stephen Miller, Marc Rubio and Tangerine hisself. Damn them. Stay tuned for 11:30 AM, and then… 1 PM EDT.

नमस्ते