Reason: Federal Appeals Court Rejects Trump Administration’s Attempt To Block Return of Kilmar Abrego Garcia

“This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear,” Judge J. Harvie Wilkinson warned.

Warning that the executive branch’s claims should shock “the intuitive sense of liberty” of Americans, a panel of judges for the U.S. Court of Appeals for the 4th Circuit today unanimously rejected the Trump administration’s attempts to stay a lower court order to release Kilmar Abrego Garcia from a prison camp in El Salvador.

The U.S. Supreme Court ordered the Trump administration last week to facilitate the release of Abrego Garcia, a Salvadoran man that three government officials admitted was mistakenly sent to El Salvador’s most notorious prison, along with several hundred other alleged gang members. However, the Trump administration has done nothing to comply with that order; it insists it has no power to return Abrego Garcia from another sovereign state—nor does a court have the authority to force it to do so. 

When the federal district judge overseeing Abrego Garcia’s case attempted to enforce the Supreme Court’s order, the Trump administration requested an emergency stay from the Fourth Circuit Court. 

Judge J. Harvie Wilkinson, a Ronald Reagan appointee to the Fourth Circuit, wrote that allowing the administration’s passive interpretation of “facilitate” would “reduce the rule of law to lawlessness and tarnish the very values for which Americans of diverse views and persuasions have always stood.”

“It is difficult in some cases to get to the very heart of the matter,” Wilkinson wrote. “But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done.”

“This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear,” Wilkinson warned.

And just to state the already obvious:

Trump administration officials have made no secret of its contempt for the concept of due process. 

https://reason.com/2025/04/17/federal-appeals-court-rejects-trump-administrations-attempt-to-block-return-of-kilmar-abrego-garcia

Karen Wells: Charles Pierce Writes

CHARLES PIERCE WRITES: “In my life, I have watched John Kennedy talk on television about missiles in Cuba. I saw Lyndon Johnson look Richard Russell squarely in the eye and and say, “And we shall overcome.”

I saw Richard Nixon resign and Gerald Ford tell the Congress that our long national nightmare was over.

I saw Jimmy Carter talk about malaise and Ronald Reagan talk about a shining city on a hill. I saw George H.W. Bush deliver the eulogy for the Soviet bloc, and Bill Clinton comfort the survivors of Timothy McVeigh’s madness in Oklahoma City.

I saw George W. Bush struggle to make sense of it all on September 11, 2001, and I saw Barack Obama sing ‘Amazing Grace’ in the wounded sanctuary of Mother Emanuel Church in Charleston, South Carolina.

“These were the presidents of my lifetime. These were not perfect men. They were not perfect presidents, god knows. Not one of them was that. But they approached the job, and they took to the podium, with all the gravitas they could muster as appropriate to the job.

They tried, at least, to reach for something in the presidency that was beyond their grasp as ordinary human beings. They were not all ennobled by the attempt, but they tried nonetheless.

“And comes now this hopeless, vicious buffoon, and the audience of equally hopeless and vicious buffoons who laughed and cheered when he made sport of a woman whose lasting memory of the trauma she suffered is the laughter of the perpetrators.

Now he comes, a man swathed in scandal, with no interest beyond what he can put in his pocket and what he can put over on a universe of suckers, and he does something like this while occupying an office that we gave him, and while endowed with a public trust that he dishonors every day he wakes up in the White House.

“The scion of a multigenerational criminal enterprise, the parameters of which we are only now beginning to comprehend. A vessel for all the worst elements of the American condition. And a cheap, soulless bully besides.

We never have had such a cheap counterfeit of a president* as currently occupies the office. We never have had a president* so completely deserving of scorn and yet so small in the office that it almost seems a waste of time and energy to summon up the requisite contempt.

“Watch how a republic dies in the empty eyes of an empty man who feels nothing but his own imaginary greatness, and who cannot find in himself the decency simply to shut up even when it is in his best interest to do so. Presidents don’t have to be heroes to be good presidents.

They just have to realize that their humanity is our common humanity, and that their political commonwealth is our political commonwealth, too.

Watch him behind the seal of the President of the United States. Isn’t he a funny man? Isn’t what happened to that lady hilarious? Watch the assembled morons cheer. This is the only story now.”

https://www.facebook.com/karin.wells.7/posts/10226527699715625

The Telegraph: Only Europe can stop the slide back to the rule of Trumpian tyrants

Good article except that the journalist appears not to understand the meaning of “sycophant”. Trump is a narcissist, not a sycophant. The sycophants are the suck-ups surrounding him and providing him with the adulation that he craves.

This North Korean level of idolatry for the magnificence of the presidential persona is not normal. It is, indeed, out of character with the spirit of the nation’s historical conception of itself as an egalitarian democracy in which anyone – the child of any family – may rise to the highest office in the land while still remaining, at heart, an ordinary American. Being elected president does not make you a god – or even the bearer of a sacred truth. 

According to the Constitution, it does not even give you the power to do what you like. You are simply the head of the Executive branch of the federal government whose intentions may (indeed, should) be held in check by Congress and the courts. 

I reiterate this point, which I realise that I have made before on these pages, because I still find myself endlessly shocked by the flouting of the basic assumptions of American nationhood which were once ingrained in the consciousness of every schoolchild …

Only Europe can stop the slide back to the rule of Trumpian tyrants