(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
DOJ MisQuotes U.S. Supreme Court Opinion in the Abrego Garcia Case [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-04-23
Citing a discussion on Blue Sky, Above the Law is reporting that The United States Department of Justice has misquoted the U.S. Supreme Court’s opinion in its objections to discovery requests about efforts to return Kilmar Abrego Garcia to the U.S. to challenge his deportation.
DOJ has objected on the ground that the order to produce information is “based on the false premise that the United States can or has been ordered to facilitate Abrego Garcia's release from custody in El Salvador.” (first emphasis added)
In support of its claim that this premise is false, DOJ cites the U.S. Supreme Court as ordering the U.S. to “take all available steps to facilitate the return of Abrego Garcia to the United State” [sic]. That is, DOJ is asserting that the Court’s order only required the U.S. to help return Garcia to the U.S. if he were released from custody. But the Court did not, DOJ is asserting, order the U.S. to facilitate his release.
In fact, though, the Supreme Court wrote that the District Court’s order “properly requires 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.” (emphasis added).
DOJ quotes language appearing in the Supreme Court opinion’s introductory paragraph describing the deadline to comply, which had been rendered moot by the Chief Justice’s administrative stay. That quote — as would be clear and obvious to any lawyer -- is not a statement of the Court’s order. And that would be true even if the very next paragraph of the opinion had not articulated the order in a way that makes absolutely clear beyond all cavil that the actual order is exactly what the DOJ is calling a “false premise.”
Posters on Blue Sky are speculating that the objections to the discovery request were generated by AI. Perhaps that gives the DOJ lawyers too much credit.
[END]
---
[1] Url:
https://www.dailykos.com/stories/2025/4/23/2318327/-DOJ-MisQuotes-U-S-Supreme-Court-Opinion-in-the-Abrego-Garcia-Case?pm_campaign=front_page&pm_source=more_community&pm_medium=web
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
