“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.
