Reply to Supreme Court Sides With Wrongly Deported Migrant

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]What Judge Xinis is banking on is that the government does not want to spend two weeks in discovery. Two big things can happen:

(1) They just make the call and get him back

(2) They spend two weeks creating a public record of their own screw-ups and then get sanctioned and then hope he is still alive and get him back.

God forbid he gets killed in prison, the backlash will be tremendous. It is already brewing.[/quote]

Not really. With all due respect, she has to tread very carefully so as not to violate separation of powers. The Supreme Court has already admonished the district court (albeit politely). If the district court does it again through pursuing discovery to compel executive actions, that will not be a good look. This entire situation turns on the word "facilitate"

Perhaps the contract with El Salvador allows the US to ask for the return of someone improperly deported there.  Even if it does, that may be of little use if the El Salvador government determines that such return would violate itsn own laws [/quote]

She is allowing discovery to determine what was done to facilitate his return. Failing to answer that as the administration (and you) have done is not a good look, as you say.[/quote]

She's free to do that, within the bounds of separation of powers. [/quote]

There is no separation of powers issue in asking information about whether the government is complying with the order.  SCOTUS itself told the government to provide that information.  Stop being stupid.

[/quote]

Again, she can order discovery, but if the goal is to impose contempt if the US Government doesn't exercise its Article II powers, that's a problem.

Serious question. If the President of El Salvador has refused to release him, what more can the judge order that doesn't violate separation of powers?  Perhaps discovery may reveal that the US has a contractual right to ask for his return. [b]But the El Salvador Government has already said no.[/b]  One of the reasons given by the El Salvador Government is that the man is a member of MS-13, which has been deemed a foreign terrorist organization by the US. Is the judge going to order the President of the US to lift that declaration for him? [/quote]

The El Salvadoran President said "No"to a question posed by a reporter.  The US Government has not yet asked.

If the Us Government (Trump) asks and the El Salvadoran government says "No", that will probably render the entire program unconstitutional because the likelihood of an irremediable error is high.  That deprives people of due process.  And given that this case is about a "mistake", the government cannot say that the chances of error are so remote that there is no constitutional issue.
[/quote]

I wonder why people are engaging with that PP. he’s not going to change his mind. And his position is so extreme that even the Trump justice department is not arguing it.[/quote]

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