Judge hammers Trump lawyer after Ábrego García timelines don't add up
Judge Paula Xinis probed the U.S. Justice Department over a timeline that doesn't add up in the case of Kilmar Ábrego García, the Maryland man sent to a brutal prison in El Salvador by accident.
A DOJ prosecutor previously told the judge that Ábrego was deported as a result of a "clerical error," ABC News reported in April.
Politico legal reporter Kyle Cheney and Lawfare's Anna Bower were live-posting about the hearing on X and Bluesky. The DOJ seeks to have the case dismissed and said that it is moot, given that Ábrego is back in the U.S.
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"The idea behind the motion was that [the] DOJ/government had no power to facilitate [the] return of Ábrego, and thus that the court had no jurisdiction. Xinis says she has questions about the motion bc DOJ never withdrew it," wrote Bower.
Among the observations Cheney pointed out was that the judge was "pressing [the] DOJ on why they claimed on May 27 they had no power to bring Abrego Garcia back to the U.S., even though they had secretly secured a grand jury indictment against him 6 days earlier."
"When you filed the motion, did counsel know that this was happening and that his preparations were being made for his return?" the judge asked, according to Bower. There was then a "long pause." Ultimately, DOJ lawyer, Bridget O'Hickey, admitted that is "correct." She said that they were negotiating with the government of El Salvador.
"But you had the idea that defendants needed a criminal indictment to secure their release?" the judge asked.
"Hard to say without getting into specifics of negotiations," O'Hickey replied.
"Was the indictment one of the steps the government made to facilitate Abrego's return?" the judge then asked. Bower said that there was an even longer pause.
O'Hickey said that Ábrego "was under investigation anyway."
"He wasn't under investigation until April 28," corrected the judge.
"I don't think that's true," the DOJ said.
"It was in sworn testimony," the judge replied.
"Ok," the judge continued, "so indictment wasn't the sole purpose to facilitate return, but it was part of it. Is that DOJ's position?"
Bower said that there was another long pause before O'Hickey said, "No. He wasn't indicted for the purpose of bringing him back. He was under investigation."
Xinis asked if it played a role, and O'Hickey said she couldn't "represent that to the court."
"Can't, or won't?" the judge hammered.
"I know he was indicted because he was investigated," said O'Hickey, with no further details.
Cheney noted that the DOJ attorney contradicted "the government's sworn testimony from the Tennessee criminal case, saying Ábrego García's criminal probe began before April 28."
Ultimately, the DOJ attorney "says she can't explain the contradiction."
See the full quote thread from Bower here.
Judge Paula Xinis probed the U.S. Justice Department over a timeline that doesn't add up in the case of Kilmar Ábrego García, the Maryland man sent to a brutal prison in El Salvador by accident.
A DOJ prosecutor previously told the judge that Ábrego was deported as a result of a "clerical error," ABC News reported in April.
Politico legal reporter Kyle Cheney and Lawfare's Anna Bower were live-posting about the hearing on X and Bluesky. The DOJ seeks to have the case dismissed and said that it is moot, given that Ábrego is back in the U.S.
Want more breaking political news? Click for the latest headlines at Raw Story.
"The idea behind the motion was that [the] DOJ/government had no power to facilitate [the] return of Ábrego, and thus that the court had no jurisdiction. Xinis says she has questions about the motion bc DOJ never withdrew it," wrote Bower.
Among the observations Cheney pointed out was that the judge was "pressing [the] DOJ on why they claimed on May 27 they had no power to bring Abrego Garcia back to the U.S., even though they had secretly secured a grand jury indictment against him 6 days earlier."
"When you filed the motion, did counsel know that this was happening and that his preparations were being made for his return?" the judge asked, according to Bower. There was then a "long pause." Ultimately, DOJ lawyer, Bridget O'Hickey, admitted that is "correct." She said that they were negotiating with the government of El Salvador.
"But you had the idea that defendants needed a criminal indictment to secure their release?" the judge asked.
"Hard to say without getting into specifics of negotiations," O'Hickey replied.
"Was the indictment one of the steps the government made to facilitate Abrego's return?" the judge then asked. Bower said that there was an even longer pause.
O'Hickey said that Ábrego "was under investigation anyway."
"He wasn't under investigation until April 28," corrected the judge.
"I don't think that's true," the DOJ said.
"It was in sworn testimony," the judge replied.
"Ok," the judge continued, "so indictment wasn't the sole purpose to facilitate return, but it was part of it. Is that DOJ's position?"
Bower said that there was another long pause before O'Hickey said, "No. He wasn't indicted for the purpose of bringing him back. He was under investigation."
Xinis asked if it played a role, and O'Hickey said she couldn't "represent that to the court."
"Can't, or won't?" the judge hammered.
"I know he was indicted because he was investigated," said O'Hickey, with no further details.
Cheney noted that the DOJ attorney contradicted "the government's sworn testimony from the Tennessee criminal case, saying Ábrego García's criminal probe began before April 28."
Ultimately, the DOJ attorney "says she can't explain the contradiction."
See the full quote thread from Bower here.