The Supreme Court of the United States (SCOTUS) gave a clear order. Not a suggestion. Not a guideline. An order.
Return Abrego Garcia to the United States. And yet—almost a month later—he remains locked in a foreign prison without charges, without due process, and without a shred of legal justification. This isn’t a law school hypothetical or a political talking point. It’s a direct affront to the rule of law, carried out under the watch of Donald Trump, President of the United States.
If you're not alarmed yet, you’re not paying attention.
Here are Direct Quotes from the SCOTUS Order
“On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.”
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“The United States Government arrested Kilmar Armando Abrego Garcia in Maryland and flew him to a “terrorism confinement center” in El Salvador, where he has been detained for 26 days and counting. To this day, the Government has cited no basis in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison.”
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“The Government now requests an order from this Court permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.”
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“The 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.”
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“... the Government must comply with its obligation to provide Abrego Garcia with “due process of law,” including notice and an opportunity to be heard, in any future proceedings.”
Look, this isn’t a close call.
I’ve been practicing law for more than three decades.
What this order tells me, and I would challenge any lawyer to argue to the contrary, is that pursuant to the SCOTUS order, the government was required to facilitate Garcia’s release from prison in El Salvador and to return him to the United States for properly handling (which is explained in the order you can read in full below).
The common definition and understanding of the term “facilitate” is: to make a process, task, or action easier or smoother by helping it move forward effectively.
It doesn’t mean do nothing.
It doesn’t mean look the other way.
It doesn’t mean disregard an order from SCOTUS and act like it never happened.
It means to do whatever you need to do to help return Garcia back to the United States for a due process hearing.
By the way, and not that it matters either way on the issue of due process, there is zero evidence that Garcia is a gang member of MS-13. Let me say that again. There is ZERO EVIDENCE that’s been produced that Garcia is a gang member of MS013.
In fact, per SCOTUS– “To this day, the Government has cited NO BASIS (emphasis added) in law for Abrego Garcia’s warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison.”
And as a reminder, SCOTUS confirms the government wanted the court to enter a disgusting order “permitting it to leave Abrego Garcia, a husband and father without a criminal record, in a Salvadoran prison for no reason recognized by the law.”
These aren’t my words. They’re straight from the United States Supreme Court.
So ask yourself—what the hell is going on?
Because what’s happening here? It’s reckless. It’s lawless. It’s un-American.
And yes—you should be outraged.
Every single American should care when due process gets trampled and the rule of law is treated like an inconvenience.
Mitch Jackson, Esq. | links
Here’s a link to the SCOTUS opinion. Please take a few minutes and read it. What Trump, Miller, Bondi and others are saying about this case is misleading and untrue.
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Chief Justice Roberts likes to talk about the integrity of the Supreme Court. Now’s the time to do more than talk.
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https://cryptadamus.substack.com/p/we-need-to-talk-about-el-salvador