Welcome to The Logoff: Today I’m focusing on a showdown between the administration and the courts over a wrongful deportation, a critical test of the judicial branch’s ability to check Donald Trump’s power.
What’s the latest? Justice Department lawyers told a federal judge on Sunday that they were not required to bring back a man who was wrongfully sent to El Salvador. And at a White House visit today, El Salvador’s president made clear that he’s not sending the man back either.
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What’s the context here? Kilmar Armando Abrego Garcia was sent to a Salvadorian prison last month despite an order forbidding his deportation, which the administration concedes was the result of an “administrative error.” The Supreme Court ordered the administration last week to “facilitate” the man’s release and sent the case back to a lower court for oversight.
What does the administration say? Justice Department lawyers said the Supreme Court order to “facilitate” Abrego Garcia’s release only meant removing domestic hurdles to his return, arguing the courts have no authority to require the administration to work with El Salvador on it.
They’re relying largely on two lines in Supreme Court ruling: The decision said it was unclear the lower court could order the administration to “effectuate” Abrego Garcia’s release, and that the lower court should clarify that order “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
What does all this mean for Abrego Garcia? Abrego Garcia remains in a mega-prison that is a “legal black hole” with documented human rights abuses, and Salvadorian President Nayib Bukele said the question of returning him was “preposterous” during a visit to the White House today.
Okay, so is this the judicial crisis we’ve been warned about? The administration says it is complying with the Supreme Court, even though the steps they’re taking, by Bukele’s admission, won’t result in Abrego Garcia’s release.
But if the judiciary is going to serve as a check on Trump’s power, its rulings have to have the power to meaningfully change the administration’s behavior when judges say it’s breaking the law. Here, that’s not happening.
And with that, it’s time to log off…
I really appreciated this Atlantic piece (you may hit a paywall) on how to defend yourself against gaslighting. (Felt apt today!) If that’s not for you, I want to re-recommend Vox’s “Good Robot” podcast on artificial intelligence. It really helped me get my head around a topic that I wanted to understand but found really intimidating. Thanks so much for reading, and I’ll see you back here tomorrow.
