We shouldn’t be shocked: the Trump administration was prepared, maybe even jonesing for these fights in the courtroom, annoying as they may be. The Trump White House was now aware and prepared to take on the slew of legal challenges they knew were coming when the 2024 race was called. With the activist judges and lawyers out to rewrite the Constitution with these challenges, Trump’s team hopes the Supreme Court can answer the big-ticket items.
Right now, the deportation of Abrego Garcia, an illegal alien with reported MS-13 ties, who was deported to El Salvador, is the latest duel between Trump and the lefty legal community. They want Trump to return this man. The liberal media reported that the Supreme Court ordered Trump to do so, but that’s not what the ruling said. It was nuanced, with key passages dedicated to how district courts overreached in this matter:
The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
So, on that matter, Trump’s team took a blowtorch to this case. The Federalist’s Margot Cleveland broke down the new filings, responding to a motion for additional relief from Garcia’s wife [emphasis mine]:
Trump Administration begins noting that Court invited the Motion Garcia filed for "additional relief," and that the relief sought seeks to micromanage diplomatic relations...It does.
Trump Administration argues the relief would violate SCOTUS directive to respect Article II authority.
Trump Administration then walks Judge through what SCOTUS actually ordered which was NOT an affirmance as she and Garcia continue to inaccurately claim. Here, Trump Administration stressed points I made earlier concerning what SCOTUS said
Namely: a) Clarify "facilitate;" b) facilitate release "from prison"; and c) treat Garcia as he would have been treated if not wrongly removed to El Salvador. SCOTUS did not say facilitate release to United States & that wouldn't be consistent w/ how removal ganger members are treated: They are taken to GITMO…Given that Judge did not clarify what "facilitate" meant, as SCOTUS required her to do, Trump says here's what it means in immigration context and that is what it must mean to be respectful of Article II authority. THIS IS HUGE: Trump is saying he doesn't need to ask El Salvador to do anything.
Trump Administration is telling Judge point blank, you do not have the power to order President to do anything related to foreign relations, with a subtle dig about what SCOTUS cautioned her against.
Throw down the gauntlet, Mr. President.
Brace yourselves, guys—the ‘Trump is a dictator’ commentaries are being re-filed.
🚨BOOM: Trump files second document in Garcia case opposing Garcia's various requests in his Motion for Additional Relief. 1/
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
4/ Trump Administration argues the relief would violate SCOTUS directive to respect Article II authority. pic.twitter.com/DqrliZtXn0
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
6/ Namely: a) Clarify "facilitate;" b) facilitate release "from prison"; and c) treat Garcia as he would have been treated if not wrongly removed to El Salvador. SCOTUS did not say facilitate release to United States & that wouldn't be consistent w/ how removal ganger members
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
8/ 🔥🔥🔥WHOA! Given that Judge did not clarify what "facilitate" meant, as SCOTUS required her to do, Trump says here's what it means in immigration context and that is what it must mean to be respectful of Article II authority. THIS IS HUGE: Trump is saying he doesn't pic.twitter.com/DoIAYJrTdv
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
10/ Trump Administration is telling Judge point blank, you do not have the power to order President to do anything related to foreign relations, with a subtle dig about what SCOTUS cautioned her against. pic.twitter.com/5GGZBKc47c
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
11/ Trump then punches down idea of discovery as infringing on Article II: pic.twitter.com/THaeuZbJPe
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
13/ Prediction: Judge isn't going to back down, but will enter order to show cause, grant some discovery (but allowing briefing on any privilege claims), and will continue to ignore SCOTUS.
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
15/ I will say, though, I've changed my view on what Trump should do now (from bring him to US and then take to GITMO) because Trump Administration's briefing made me realize principle behind order: needing to make clear Article III cannot tell Article II what it must try to do…
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
17/ But it was entirely predictable that SCOTUS wasn't going to achieve a "can't we all just get along solution," as I said after the order dropped in what might be my most accurate hot take ever: https://t.co/1xTLYUZ8jj
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
18/18 Things are going to just get messier this week and SCOTUS will eventually need to admit the obvious: Article III can't remedy the mistaken removal of Garcia to El Salvador.
— Margot Cleveland (@ProfMJCleveland) April 13, 2025
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