Looking forward to seeing President Bukele, of El Salvador, on Monday! Our Nations are working closely together to eradicate terrorist organizations, and build a future of Prosperity. President Bukele has graciously accepted into his Nation’s custody some of the most violent alien enemies of the World and, in particular, the United States," Trump wrote. "These barbarians are now in the sole custody of El Salvador, a proud and sovereign Nation, and their future is up to President B and his Government. They will never threaten or menace our Citizens again!"It also doesn’t do what he wanted to do.
This statement, according to multiple experts, is a "retreat" from his earlier position.
The prisoners being sent to El Salvador aren’t being dumped at the border and arrested under Salvadoran law. They are being shipped to El Salvador under an arrangement with the U.S. government, an arrangement negotiated and made by the Trump Administration. Trump even says here the two governments are working together. That means Trump could obtain the release and return of any prisoner sent there by the U.S.
The trial court has to establish that this is the situation. Trump just did that. With no countervailing evidence from the DOJ, the court can take this on judicial notice and conclude that the government can “facilitate” the return of Mr. Garcia. (The DOJ has screwed up any defense or contrary evidence by refusing to answer the judge’s questions. They can’t now say “Oh no, there’s nothing we can do. That first guy was just stupid, we now know what’s going on!”) Even a majority of the Supremes can see what’s going on.
This is a joint agreement. Bukele is taking prisoners from the U.S. on our behalf. It would be a small matter for Trump to ask the return of one if the Supreme Court tells him to.
The alternative is Trump dropping anyone he wants in that black hole and saying “Nothing to be done about it now!” Which, despite the ambiguous language of the Court’s order, is hardly consistent with their ruling.
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