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Merged Due process in the US

Ooops.

Nearly a dozen immigration officers and eight deportees are sick and stranded in a metal shipping container in the searing-hot East African nation of Djibouti, where they face the constant threat of malaria and rocket attacks from nearby Yemen, according to a federal court filing issued Thursday.

A federal judge in Boston interrupted an Immigration and Customs Enforcement deportation flight taking immigrants from Cuba, Vietnam, Myanmar, Laos and Mexico to South Sudan more than two weeks ago. U.S. District Judge Brian E. Murphy said the flight violated his order prohibiting officials from sending immigrants to countries where they aren’t citizens without a chance to ask for humanitarian protection. He instructed officials to arrange screenings.

Trump officials could have flown the immigrants back to the United States. Instead, they were taken to Djibouti, where in late May officers turned a Conex container into a makeshift detention facility on U.S. Naval Base Camp Lemonnier, according to Mellissa Harper, a top ICE official, who detailed the conditions Thursday in a required status update to the judge.
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This ◊◊◊◊ is so ◊◊◊◊◊◊◊ stupid.
 
abcnews.go.com

Kilmar Abrego Garcia brought back to US, appears in court on charges of smuggling migrants

Kilmar Abrego Garcia appeared in a Tennessee courtroom Friday, hours after he was brought back to the U.S. to face charges of transporting undocumented migrants.
abcnews.go.com abcnews.go.com

Huh. The poster boy for the fight for Due Process Rights. Held up as a hero, an innocent "Maryland Man", a loving father, loving husband.

Will be brought back to the USA to face charges of human smuggling.

I knew this guy was bad news. I knew making him the hero would come back to haunt us.

I knew it.

Luckily the fight for Due Process for all persons in the USA has moved passed this wife-beating, gang-banger associating loser.

The alleged conspiracy spanned nearly a decade and involved the domestic transport of thousands of noncitizens from Mexico and Central America, including some children, in exchange for thousands of dollars, according to the indictment. Abrego-Garica is alleged to have participated in more than 100 such trips, according to the indictment. Among those allegedly transported were members of the Salvadoran gang MS-13, sources familiar with the investigation said.
 
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Andy_Ross said:
Pam Bondi is holding a news conference right now to accuse Abrego Garcia of crimes...
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A fairly transparent attempt to backfill their error. It doesn't matter whether Garcia is a criminal; it was an admitted error to send him to El Salvador. The administration is still trying desperately to argue that Abrego Garcia is a Bad Person and somehow unworthy of due process or the government's adherence to its promises.

Andy_Ross said:
and claim he will be returned to El Salvador following his conviction.
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Not unless they manage to vacate the court order preventing refoulement.

But if they can get Abrego Garcia released from a Salvadoran prison in order to stand trial, then it's largely Game Over. It means they have constructive custody over who is incarcerated in El Salvador, and therefore their claims that the disposition of renditioned prisoners is out of their control is a fiction.
 
You make it sound like it's a bad thing that he'll receive a trial (hopefully a fair one).
 
JayUtah said:
But if they can get Abrego Garcia released from a Salvadoran prison in order to stand trial, then it's largely Game Over. It means they have constructive custody over who is incarcerated in El Salvador, and therefore their claims that the disposition of renditioned prisoners is out of their control is a fiction.
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Note - This is not to dispute this at all, but calling this Game Over rubs me a little wrong. Conceptually, it feels like it's akin to getting someone to kinda sorta admit that water is wet after immense struggle to do so. Everyone in meaningful question knew that water was wet and knew that they knew that water was wet. Even dumping a bucket of water over their head repeatedly hadn't actually stopped them from continuing to argue that water wasn't wet. Claiming that now it's Game Over feels like it's invoking assumptions about what the game was in the first place that likely aren't particularly accurate.
 
Olmstead said:
You make it sound like it's a bad thing that he'll receive a trial (hopefully a fair one).
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All suspects deserve a fair trial.

But there is a lot of Probable Cause against him, he will likely plead.

Federal indictments are notoriously thorough and on the mark.
 
Aridas said:
Conceptually, it feels like it's akin to getting someone to kinda sorta admit that water is wet after immense struggle to do so.
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In this case it matters in court. In the other cases, the government is claiming state-secret privilege when asked to describe the relationship between the U.S. government and the dictator of El Salvador. This prevents courts from examining the claim that there is nothing that can be done, and therefore the courts are compelled to accept the government's representation to that effect. If the government were to demonstrate that it could return prisoners from El Salvador when it suits their purpose—and thereby that they are constructively in United States custody—then the government's state-secret defense is undercut. Habeas plaintiffs in the other cases can say, "It doesn't matter now that you won't tell us the details of the arrangement you have with El Salvador; you've shown that it does in fact allow you to ask for the prisoners back, and we order that you do so now."

Aridas said:
Even dumping a bucket of water over their head repeatedly hadn't actually stopped them from continuing to argue that water wasn't wet.
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I agree. Given the government's abandonment of the rule of law, you'd be excused if you thought it all seemed a bit performative.
 
JayUtah said:
A fairly transparent attempt to backfill their error. It doesn't matter whether Garcia is a criminal; it was an admitted error to send him to El Salvador. The administration is still trying desperately to argue that Abrego Garcia is a Bad Person and somehow unworthy of due process or the government's adherence to its promises.
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Not just Garcia but all brown migrants.

Every. Single. One.
 
Oh, how precious. The indictment alleges that Abrego Garcia was a member of MS-13, but their allegations boil down to the subordinate allegation that some of the unnamed people Abrego Garcia is accused of trafficking later turned out to be MS-13 members. Now you can see why the government has been desperate to deny him due process.
 
Andy_Ross said:
Pam Bondi wraps up her press conference by accusing Abrego Garcia of being a child-groomer human trafficker and gang member and the walks away

https://twitter.com/x/status/1931081376175890834
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From ABC News:

"The grand jury found that over the past nine years, Abrego Garcia has played a significant role in an alien smuggling ring," Bondi said. "They found this was his full time job, not a contractor. He was a smuggler of humans and children and women. He made over 100 trips, the grand jury found, smuggling people throughout our country."
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You'd think the country's top law enforcement official would understand that that's not what grand juries do- they don't make findings of fact like that, they determine whether, based on only the prosecution's presentation and with no hearing of the defense, there is sufficient cause to try a case in a court of law before a jury which will then make the determination that she's so eager to make (or, as the case may be, one that she won't like). This whole thing smacks of face-saving by the administration- a case they could have made before of things they never alleged (that I can recall) as cause to deport him then is suddenly a lock?
 
The irony is stinging...Trump hs always claimed that the charges against him were politically motivated and that no prosecutor would have brought charges against him if they were not in a witch hunt, now these charges against Garica could not be any more blatantly motivated by politics.
 
Hercules56 said:
abcnews.go.com

Kilmar Abrego Garcia brought back to US, appears in court on charges of smuggling migrants

Kilmar Abrego Garcia appeared in a Tennessee courtroom Friday, hours after he was brought back to the U.S. to face charges of transporting undocumented migrants.
abcnews.go.com abcnews.go.com

Huh. The poster boy for the fight for Due Process Rights. Held up as a hero, an innocent "Maryland Man", a loving father, loving husband.

Will be brought back to the USA to face charges of human smuggling.

I knew this guy was bad news. I knew making him the hero would come back to haunt us.

I knew it.

Luckily the fight for Due Process for all persons in the USA has moved passed this wife-beating, gang-banger associating loser.

The alleged conspiracy spanned nearly a decade and involved the domestic transport of thousands of noncitizens from Mexico and Central America, including some children, in exchange for thousands of dollars, according to the indictment. Abrego-Garica is alleged to have participated in more than 100 such trips, according to the indictment. Among those allegedly transported were members of the Salvadoran gang MS-13, sources familiar with the investigation said.
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Hercules, the point of due process is not merely to give innocent people a day in court. It is to give everyone, regardless of what they are alleged to have done, their day in court.

The fact that you have already made your mind up on his guilt because you just “knew he was bad news” says less about those calling for due process and more about those people such as you who rationalized your cheerleading to send people to a hell-hole prison in El Salvador without establishing guilt.

You still have no idea if he is guilty yet immediately doubling down on your belief that he must be somehow.
 
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