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You are here: Home / Open Threads / Excellent Read: ‘Three Wise Judges, One Mad King” by Jay Kuo

Excellent Read: ‘Three Wise Judges, One Mad King” by Jay Kuo

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This post is in: 

Yesterday, 3 federal judges stepped up to weigh in on King “we can’t give everyone a trial, it would take too long” Trump’s recent abuses of power.

Read the whole article by Jay Kuo,

In Maryland, Judge Paula Xinis is overseeing the Abrego García case.

“That ends now.”

In Maryland, Judge Paula Xinis is overseeing the Abrego García case. She is tasked with implementing the unanimous ruling by the Supreme Court that the government must “facilitate” the return of Abrego García to the U.S. Her efforts have been stymied by Justice Department lawyers who, at least perhaps until yesterday, have refused to provide information about what steps they have taken to secure his release from custody and what they will do to facilitate his return.

Judge Xinis ordered what’s known as “discovery” over why the government won’t simply cooperate. That opened the door for plaintiffs to pose questions, known as “interrogatories,” to the government and to demand production of relevant documents. Among the interrogatories were some quite basic ones…
…
Judge Xinis could barely contain her ire. She wrote in her order,

Defendants—and their counsel—well know that the falsehood lies not in any supposed “premise,” but in their continued mischaracterization of the Supreme Court’s Order. That Order made clear that this Court “properly required the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”

In New York, Judge Alvin Hellerstein leaned in hard during a contentious hearing on whether to extend his existing hold on the deportation of migrants under the Alien Enemies Act proclamation.

“People are being thrown out…because of their tattoos.”

In New York, Judge Alvin Hellerstein leaned in hard during a contentious hearing on whether to extend his existing hold on the deportation of migrants under the Alien Enemies Act proclamation. That hold has been in place temporarily since April 9.

The backdrop here is important. Since his initial restraining order, the government has admitted that many of the migrants it rendered to the CECOT prison in El Salvador did not have criminal records. Rather, it only suspected they were gang members because of their tattoo markings. There have been several highly publicized cases of innocent people—a soccer player, a barber—being detained and summarily deported to CECOT on their tattoos alone, even when the markings had nothing to do with gang activity.

Judge Hellerstein took the government to task. “This is not a secret court, an inquisition from medieval times. This is the United States of America. People are being thrown out of the country because of their tattoos.” He added that the White House cannot “hire a jail in a foreign country” to subject people “to cruel and unusual punishment not allowable” here.

As for their suspicions of gang membership, the judge was equally firm. “The law is clear: If you are kicking out a person, you give them an opportunity to defend themselves,” the judge said. “You can’t kick someone out by guilt by association.”

Per reporting by the Wall Street Journal on the hearing, Hellerstein criticized the government’s current methods of “notifying” detained migrants that were slated for deportation, saying such notices came too late, needed to be in their native languages instead of only English, and needed to include details about how to obtain counsel. He also raised deep concerns about the treatment of those who had been shackled and sent to CECOT, saying that future detainees ought to be afforded greater protections and more humane treatment.

Judge Hellerstein extended his temporary order into a preliminary injunction while he considers a more permanent one.

In Colorado, Judge Charlotte Sweeney held a hearing in which she expressed grave doubts over the government’s arguments and broad claims of power under the Alien Enemies Act.

“Invasions contemplate military actions.”

In Colorado on Monday, Judge Charlotte Sweeney held a hearing in which she expressed grave doubts over the government’s arguments and broad claims of power under the Alien Enemies Act. At issue was whether she should issue a temporary restraining order covering affected migrants within the state of Colorado.

The backdrop to this case is highly relevant as well. Just two days before the hearing, the Supreme Court ruled in a similar case in Texas that migrants whom the U.S. government was seeking to deport to El Salvador had to remain in the U.S. until further notice.

That SCOTUS order went down like a scene out of a movie. Buses carrying migrants toward planes bound for El Salvador actually turned around just after the 7-2 Supreme Court order came down.

 

Reader Interactions

58Comments

  1. 1.

    Trollhattan

    Oaths of office actually mean something? Zut alors!

    I assume Trump is scheming on how to remove these particular pesky judges.

  2. 2.

    debit

    I realize the wheels of justice grind slow, but I am waiting for something to happen that will wipe the “just try and make us” smirk off Trump’s DOJ.  Maybe start imprisoning them. Start with Bondi.

  3. 3.

    Goku (aka Amerikan Baka)

    @debit:

    I agree. The one issue is that Trump could pardon them for criminal contempt. Doesn’t mean it shouldn’t be tried if it comes to it

  7. 7.

    Captain C

    @Belafon: We should endeavor to make sure “Lawless Republicans” is the first thing law-and-order voters think of when they think of Republicans.  The cultists will ignore it, but every little bit chipped off their voter base will help.

  8. 8.

    Trollhattan

    Headline I never imagined I’d see.

    Residents flee as wildfire burns in New Jersey

  10. 10.

    ArchTeryx

    @Kristine: Johnson’s threatening to defund the courts entirely and probably sell off the buildings. Congress does have the power to add or subtract district courts, but defunding them may be a whole different can of worms.

  11. 11.

    Kirk

    That SCOTUS order went down like a scene out of a movie. Buses carrying migrants toward planes bound for El Salvador actually turned around just after the 7-2 Supreme Court order came down.

    Completely exposing the stupidity of Alito’s “we didn’t have to do this in the middle of the night” whine.

  14. 14.

    rikyrah

    A lawyer that I listen to on TikTok said something this week.

    He said, all the bullshyt that the right-wing spouts on TV about Mr. Garcia?

    They haven’t found one lawyer willing to put that shyt in writing in front of a judge. A judge that could hold them responsible, if what they put on paper and sign their names to – is found to be A LIE.

    Not one.

  17. 17.

    gene108

    In the OP link, there is a Trump social media post, where he declares we cannot give due process to the hundreds of thousands of immigrants he wants to deport, because it’d take 200 years.

    The deports hundreds of thousands of people each year, for the past several years, while following the law.

    The constant gaslighting by Republicans needs to be pushed back against.

  19. 19.

    NotMax

    Wishing Judge Xinis would amend the order to read “facilitate with all deliberate speed.”

  20. 20.

    rikyrah

    Barack Obama (@BarackObama) posted at 11:28 AM on Wed, Apr 23, 2025:
    As an Illinois voter, I couldn’t be prouder that our senator for the last 28 years has been one of the finest in the country. Dick Durbin has always fought the good fight on behalf of working families, and his integrity shines through in everything he does.

    It’s also true that I would not have been a United States Senator – and certainly would not have been President – had it not been for Dick’s support. He has been a great and loyal friend, and Michelle and I wish him and Loretta all the best in their next chapter.
    (https://x.com/BarackObama/status/1915080417876517007?t=lKJrIOBFUiiFEu02PL5axg&s=03)

  24. 24.

    WaterGirl

    @rikyrah: I don’t like to embed Twitter anymore, but I don’t see this anywhere else. Worth a watch, it’s short but powerful.

  25. 25.

    rikyrah

    anyone_want_chips (@anyonewantchips) posted at 8:27 PM on Sun, Apr 20, 2025:
    When Lloyd Austin didn’t notify the WH of his hospitalization, Republicans blew a gasket & called for him to resign – but when Pete Hegseth risks the lives of our pilots by sharing sensitive Yemen war plans on Signal, at least twice – where’s the Republican outrage. https://t.co/MICGhXChse
    (https://x.com/anyonewantchips/status/1914128945844265040?t=JBDTygXhUNLOGsxZfQWZpQ&s=03)

  27. 27.

    NotMax

    @Goku (aka Amerikan Baka)

    If found in criminal contempt that would rapidly result in disbarment of the license to practice law by the attendant bar association(s).

    A pardon does not expunge the commission of a crime.

    (Mandatory IANAL, so my language here may be imprecise.)

  28. 28.

    SiubhanDuinne

    @gene108:

    it’d take 200 years.

    The “200 years” that the FFOTUS asserts assumes that the “due process” hearings or trials would be held in only one venue, consecutively. I don’t even know if the math is right under that revised assumption, but in point of fact many of these take only a few minutes each; an efficient immigration court could get through quite a few procedures in a day; and of course there would (should) be courts all over the country hearing these cases concurrently.

    Somebody with better arithmetic skills and better knowledge of court calendars can do more accurate back-of-the-napkin calculations than I’m capable of.

  29. 29.

    Omnes Omnibus

    There is always civil contempt.  That’s the “put someone in jail or fine the daily until they comply” form of contempt.  No long term effects, but no pardon either.  It’s a tool judges have to enforce their orders.

  34. 34.

    jonas

    @Belafon: Can you imagine the five-alarm shitshow that would have ensued if Nancy Pelosi threatened to cancel the funding of any court that made an anti-abortion ruling or something? The mind reels.

  37. 37.

    JWR

    @SiubhanDuinne: Speaking of back-of-the-napkin calculations, I wonder if anyone’s been keeping track of the billions upon billions of beautiful tariff dollars poring into the “External Revenue Service”? I’ll bet that’s one agency not hurting for cash! /s

  39. 39.

    Butch

    I have quite a few tattoos and I’m not kidding when I say I wear long sleeves to hide them anytime I’m in public lately.

  41. 41.

    DanB

    @rikyrah: The story of his arrest is deeply disturbing.  He whimpered as they shaved his head.  I’m sure he felt terrified of what would happen to him in prison.

  45. 45.

    Jay

    @SiubhanDuinne:

    https://usafacts.org/answers/how-many-people-were-deported-from-the-us/country/united-states/

    1.1 million were “repatriated” in 2023, a record year, but,

    The Biden Admin was a bit hamstrung by DJTdiot 45’s closure of a lot of Immigration Courts, along with their attending Judges, Lawyers, etc,

    and the Biden Admin kept the key focus on criminals.

    So, DJTdiot’s claims of 200 years are the usual completely made up BS.

    There are only roughly 11 million undocumented immigrants in the US.

  47. 47.

    Jay

    @Matt McIrvin:

    Traditionally the Marshall of the Court in question, (part of the US Marshall’s Service).

    However, a Judge can deputize any LEO or Member of the Public to make the arrest.

    Courts do have holding cells for holding the accused during the course of the Court’s day. The cellblock is usually under the management of the Court’s Bailiffs.

  53. 53.

    Omnes Omnibus

    @Matt McIrvin: Courts can deputize people.  It does not require the involvement of the DOJ or the Marshal’s Service.  But, fuck it, what do I know?

  54. 54.

    sab

    @Jay: Ohio just had a case dismissed of illegal voting by a guy who was a legal citizen since 1975. State government referred the charges to the Cuyahoga County prosecutor. The defense attorneys had him apply for a passport, which he got. So the judge threw the case out.

    He was born in Jamaica. His mother immigrated with him when he was a child. She married an American and later was naturalized. Under the law in effect that made him, as her minor child, also a citizen. He had been legally voting since he was 18 with no problem. Then our Republicans at the Sec of State and Attorney General’s office got too clever and decided to go after people without researching the law. What a country we are becoming.

  55. 55.

    rikyrah

    Steven Dennis (@StevenTDennis) posted at 0:49 PM on Wed, Apr 23, 2025:
    President Trump will have an “intimate private dinner” with top 220 buyers of his crypto memecoin at his DC-area golf club, the issuers of the token said on their website. The coin skyrocketed on the news, at one point up 49%… https://t.co/lgyNWm9rN7
    (https://x.com/StevenTDennis/status/1915100677602234862?t=GasUS-2kDeXSIy5FRZSPlA&s=03)

    Chris Murphy 🟧 (@ChrisMurphyCT) posted at 3:19 PM on Wed, Apr 23, 2025:
    This isn’t Trump just being Trump. The Trump coin scam is the most brazenly corrupt thing a President has ever done. Not close.
    (https://x.com/ChrisMurphyCT/status/1915138398714753437?t=OmOdrdgfWhGe90cuCAImqQ&s=03)

  57. 57.

    Keninhogtown

    Good morning.  I have a legal question that has been bouncing around in my head:  can these Judges assign monetary contempt against the government?  Or put the attorneys in jail for contempt right from court?  I know they lack enforcement, but lock them up!!

Comments are closed.