The Garcia decision from SCOTUS allowed that the court gives the Executive branch deference to run foreign policy. As you might expect, the apparatchiks are out there pushing the narrative that SCOTUS owes deference to the Executive branch, conveniently dropping the qualifier, thus claiming they can do what they want.
All while delaying the decision, effectively ensuring thereâd be no trial, even if theyâd issued the expected normal and just decision.
Yeah, Roberts is much more likely to remembered as a corrupt sycophant than a judicial hero.
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The lower courtâs ruling was so clear, unequivocal and damning of the plaintiffâs argument that he could simply have not taken the case and let it stand.
Ray, you are miles off base in your understanding of our judicial systemâs procedures and your reading of judicial opinions. I understand what you want the outcome to be (same as I do), but your knee jerk criticism is not always correct. Appellate courts (I clerked for a Fifth Circuit judge) are not able to act as quickly as a district court judge.
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I defer to your vastly superior experience as to the law and the routine functioning of the courts, but when they do stuff like immediately issuing a stay on the lower courts order to return Garcia, it looks like they are going out of their way to do harm.
Especially when they then affirm the ruling 9-0 but ask the lower court not to use big words that the Trump admin wonât understand. So all SCOTUS achieved was to leave Garcia rotting in an El Salvadorian gulag for a few more days where his life is in very real danger.
The whole thing is horrific and any delay in inexcusable. The value of 9-0 decision confirming sanity might pay off down the road but there are literal lives at stake. Procedurally they could have done it without the stay and spare that guy a few extra days of torture.
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Ironically, they can offer eleventy-million examples of their own incompetence as support for their argument.
They forced the lower court to issue a new order which has allowed the administration to make a new appeal to such new order (see MM above) inserting further delay into the process and perhaps now requiring further intervention by SCOTUS.
SCOTUS either still doesnât understand who theyâre dealing with, or knows exactly who theyâre dealing with and teeing this up for them.
Roberts is nowhere near as corrupt as some of the other members, but history is going to be very, very unkind to him. Not that that gives me any consolation right this second.
And by the way, I donât see how any of this is foreign policy. Just because you lawlessly send some poor bastard to a foreign country does not make this foreign policy. This pertains to the criminal justice system, and the relevant courts are well within their rights to issue judgments and directives.
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We have a winner.
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True, but only because others on his court are astonishingly, blatantly and unabashedly corrupt.
I think the most generous interpretation is that heâs concerned that this administration wonât follow a supreme court order so heâs giving them cover until thereâs something so outrageous that even Trump wonât have the chutzpah to ignore. And even that damning by faint praise doesnât necessarily jive with the bizarre immunity opinion.
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Even if true, itâs galactically naive of Roberts to think that Trump will not fight harder the more thatâs on the line.
Why is there anything on the line, though? This is a straightforward situation. They fucked up, ok, just call the guy down there and tell him to shut his Coinbase down for a second, pluck that guy out of prison and send his ass back here.
The fact that the administration refuses to do this tells me that they fully intend to use unlawful deportations as a means of domestic terrorism. See that anti-genocide protest over there? Go round all of them up and send them all to a gang infested third world prison. We know damn well that SCOTUS isnât going to do shit about it. Hey, foreign policy.
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They have just released a 1-minute âcommercialâ, starring Kosplay Kristi, stating exactly this.
They have also admitted to a plan to âdeportâ citizens to El Salvador too.
If they accept that even one non-citizen is protected from being trafficked to their offshore gulag, then they will have to accept that other non-citizen - and actual citizens - have the same protection.
This does not exist.
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Hereâs a thread on the Garcia hearing this afternoon.
If you want a preview as to how it went, it opens with the Trump administrationâs lawyers refusing even to acknowledge that they know where Garcia is.
The judge explicitly ordered that the admin send someone familiar with the case, but their lawyer just plead ignorance as to even the most basic details. Their main defense is that this is all happening too quickly, to which the judge said (paraphrasing): not fast enough for Garcia.
Admin lawyers claimed they cannot respond to the courtâs orders on the courtâs timetable. She called their bluff and has ordered daily briefings starting tomorrow. âJust so weâre clear: there are no business hours in this court.â She told the lawyers that they have to come back every day and report what they have done; if itâs nothing, they get to stand in open court and say that.
Theyâre dragging their feet because they have no intention of complying.
Or they know heâs already dead.
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Itâs this. They cannot have him coming back and telling his story.
The whole âhow are we supposed to get him back - we donât control El Salvadorâ is complete nonsense. They sent him there, they are paying El Salvador to keep him there, they can get him back.
There didnât seem to be any problem gaining access for Kosplay Kristi to do a Tik Tok in front of the prisonersâŚ
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