WASHINGTON – The words of President Donald Trump and members of his government harmed the government’s dispute at a court hearing on Wednesday that the country’s deported men under the law of alien enemies and delivered to El Salvador were not in the United States.
At an audience on Wednesday night, the US District Court judge James Boasberg questioned a Justice Department lawyer about whether Trump was telling the truth when he said he could guarantee the release of Abrego Garcia from the installation of Cecot in El Salvador.
Bomberg used Trump’s own words, as well as statements by press secretary Karoline Levitt and internal security secretary Kristi Noem, to move away from the government’s claim that those who are incarcerated in Cecot in El Salvador were not in the United States constructive custody.
“Constructive custody” refers to the legal notion that people can be kept at the request of the government, even if they are not kept under their physical custody.
Trump said last week that “could” have Garcia returning to the United States with a call, while Levitt said the United States were paying El Salvador “about $ 6 million” to keep men and Noem said Cecot was “one of the tools of our tool kit” that the United States could use.
“Isn’t the president telling the truth, or could he guarantee the release of Mr. Abrego Garcia?” Boomberg asked the vice -prosecutor -General Abhishek Kambli, who represented the government on Wednesday.
“The president was telling the truth” when he said he could get the phone and secure Garcia’s release or not? Bomberg asked.
“This goes to the president’s belief about the influence he has,” Kambli replied, saying, “Influence does not equivalent to constructive custody.”
Under Bomberg’s interrogation, Kambli said that a “concession” dated 22 March that was described as for police needs related to the 238 men who were allegedly members of Tren de Aragua, who were recently deported to El Salvador. Kambli confirmed that “subsidies have been made” that “can be used for detention of these individuals.”
Bomberg said the plaintiffs had “many facts in their favor” in arguing that the United States had what is called the “constructive custody” of men – that the Trump government argued inside and outside the court. Bomberg questioned Kambli about whether the government would admit that the transfer of people to Cecot without due process would mean that the government had violated its rights.
“I don’t know if I would put him in these terms,” Kambli replied.
Bomberg ordered the Trump government to provide sworn statements by government officials on the issue of who exactly has the custody of people in Cecot.
Bomberg ordered the lawyers of the American Union of Civil Liberties and Democracy below that they brought the process to review the information and decide by Monday if they should request the discovery – and if so, exactly what questions, testimonials and documents are requesting. After that, Bomberg will decide what to order the government to produce if necessary.
Last month, the Supreme Court raised the order of Bomberg, which temporarily prevented the government from sending members from Tren de Aragua to El Salvador under the law of alien enemies, but did not reach a decision on the merits of Trump’s invocation of the act. Last week, a judge appointed by Trump became the first to overthrow the use of the law by the government, which had already been highlighted only during the 1812 war, World War I and World War II.
While the Trump government proclaimed that it won the Supreme Court’s argument, Bomberg questioned Kambli about the decision, noting that the court had not reached the merits of the invocation of the government of the alien enemies law. Bomberg asked whether Kambli acknowledged that the Supreme Court did not reach the arguments about government use by the government, and Kambli admitted that “it did not analyze this precise issue.”