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“Do something, bitch!”* Kristi Noem Dressed Russia’s Useful Idiot Up to Cosplay CBP

The White House denies that Kristi Noem told President Trump that she was going to zero out counterterrorism funding for the cops in NYC who protect — among other high profile potential targets — Trump Tower.

That’s where we start this very very long story of stupid things DHS is doing that are awful in real time but, with concerted focus, may backfire. We’re seeing it in NY, we’re seeing it in the Portland and Chicago invasions, and we see the potential result in the Kilmar Abrego case.

Kristi Noem didn’t warn Trump she was stripping security funding from New York City

As New York described it in a lawsuit, on the last day of the fiscal year last week, the state learned that DHS had zeroed out security grant funding for New York City’s MTA from a news article; as of the filing of that suit, DHS had not notified New York it had withdrawn funding.

4. New York learned about the Reallocation Decision not from the government but from an online news story, which reported earlier today that “[t]he federal government will deny the [the Metropolitan Transit Authority (“MTA”)] tens of millions of dollars in requested security grant funding, withholding every dollar the agency asked for because New York City and New York state are ‘sanctuary jurisdictions.’” Dave Cole & David Myer, BIG ZERO: Trump Stiffs MTA in ‘Sanctuary City’ Tantrum, STREETSBLOG NEW YORK CITY (Sept. 30, 2025), https://nyc.streetsblog.org/2025/09/30/trump-admin-zeros-out-mta-security-grant-funding. At this time, MTA has not even received formal notice that their award was cut to nothing.

5. Upon information and belief, New York’s award was changed from the $33,898,500 that FEMA had targeted New York to receive in the Notice of Funding Opportunity (“NOFO”) to $0. As of the filing of this complaint, New York has received no explanation from DHS or FEMA, despite repeated attempts to contact the agency through the Department of Justice. But upon information and belief, New York has been targeted because the administration believes it is a “sanctuary” jurisdiction. FEMA also did not treat all “sanctuary” jurisdictions evenhandedly. Upon information and belief, at the same time as it eliminated New York’s allocation, FEMA made increases to other States’ allocations, including other “sanctuary” jurisdictions.

[snip]

9. Now today, FEMA issued increased TSGP award notifications for other states, and Plaintiffs have discovered the Reallocation Decision through the media. At 1:07 PM today, counsel in Illinois v. FEMA and Illinois v. Noem sent an email communication to the Department of Justice inquiring about the story, asking for New York’s notice of award, and alerting the government that they would file the instant lawsuit and a TRO motion before the end of the federal fiscal year tonight. Counsel followed up that email with a second. At the time of filing, New York has not received a response. The New York Attorney General’s Office was sent (not by Defendants) a power-point presentation that appears to be a genuine document prepared and presented to Congressional staff, which is aligned with the online story. That document, attached as Exhibit 3 to the Affirmation of Rabia Muqaddam, identifies the MTA as the only applicant for TSGP funding that was denied, while other applicants received greater than originally allocated awards. It further states that MTA did not receive their award “because it is based in a Sanctuary Jurisdiction city.” Id. at *25.

In a NYT article providing more details of the funding, Kathy Hochul aptly described this as Republicans defunding the cops.

“A Republican administration literally defunding the police is the height of hypocrisy — and walking away from the fight against terrorism in the No. 1 terrorist target in America is utterly shocking,” Gov. Kathy Hochul of New York said in a statement on Tuesday.

The decision to strip NY of counterterrorism funding directly violated an order issued just days earlier in a lawsuit seeking to enjoin this kind of politicized DHS process.

There’s the legal issue: how DHS continues to double down on politicizing security grants in defiance of court orders, just as the government is trying to defy Karin Immergut’s order enjoining the deployment of the Guard to Portland. A judge in NY’s lawsuit issued a TRO to prevent the cuts, as Immergut did in Oregon; a judge will hold a hearing Thursday in Chicago’s challenge to Trump’s invasion.

But holy hell! In pursuit of politics, Kristi Noem cut counterterrorism funding created in response to 9/11 to the city of New York.

At least according to the White Houseno one told the President that DHS was going to strip counterterrorism funding from a city where he owns significant property.

The cuts, which represented the largest federal defunding of police operations in New York in decades, were made by the Department of Homeland Security, without explanation and without the approval of President Trump, White House officials said.

Indeed, President Trump was blindsided by the decision to defund the police, not learning of the cuts until Gov. Kathy Hochul of New York called him on Sunday to protest the change after the fact, according to three people with knowledge of the call.

The other politicized cuts rolled out in recent days, both the cuts to transportation projects cherished by New Jersey commuters and to energy projects focused on swing congressional districts, will be fairly easy to politicize.

But to cut counterterrorism funding for New York City is self-evidently insane by any measure.

And also put Donald Trump’s flagship branded property at risk, which is probably one of the reasons he reversed the decision so quickly.

Trump Federalizes Oregon National Guard based off Fox News propaganda

The claim — however incredible — that Trump had no idea DHS was cutting counterterrorism funding from NYC is important background to the repeated pieces of evidence that Trump deployed the National Guard to Portland because he believes the propaganda he sees on Fox News.

By his own description, Trump did so based on seeing things on television “that are different from what’s happening,” as described by Governor Tina Kotek.

In an NBC News interview on Sunday, Trump himself appeared to question the narrative he used to justify the deployment following a phone call on Saturday with Kotek, who said Trump told her he’d seen videos of fires in the city that may have been from the 2020 protests.

“I spoke to the governor, she was very nice,” Trump said in the interview. “But I said, ‘Well wait a minute, am I watching things on television that are different from what’s happening? My people tell me different.’ They are literally attacking and there are fires all over the place…it looks like terrible.”

As Salon noted, Trump was under a mistaken belief that what he sees on Fox News reflects reality.

“I told him in very plain language there is no insurrection or threat to public safety that necessitates military intervention in Portland or any other city in our state,” Kotek said. “Putting our own military on our streets is an abuse of power…Here’s the deal. “We cannot be looking at footage from 2020 and assume that that is the case today in Portland.”

On Sunday, Oregon and Portland filed a 41-page lawsuit in federal court against Trump’s actions. The suit referenced a recent Fox News report cited by the president that misled viewers by wrongly presenting “outdated protest footage from 2020.” As Oregon’s Democratic Sen. Ron Wyden told reporters on Friday, “If [Trump] watches a TV show in the morning and he see Portland mentioned, he says it’s a terrible place.”

But even after Trump’s announcement, Fox continued to use old footage to paint Portland as a lawless state.

The initial order from Judge Karin Immergut, a Trump appointee, enjoining the deployment focused on how unnecessary the deployment was.

The protests generally were limited to fewer than 30 people and were “largely sedate.” Id. ¶ 25. If the protests were to increase or threaten public safety, PPB could call on additional available resources. Id. ¶ 26. But the protests have been such a minor issue, that the normal nightlife in downtown Portland has required more police resources than the ICE facility. Id.

[snip]

Defendants also express concern about danger in Portland because of incidents that have occurred elsewhere in the country. Id. ¶ 21. Most concerning is the sniper shooting in Dallas, Texas, targeting an ICE van, and the protest that followed in Chicago when a protestor was found with a firearm. Id. ¶¶ 21–22.

[snip]

Defendants’ declarants describe only four incidents of protesters clashing with federal officers in the month of September preceding the federalization order—on September 1st, 9th, 12th, and without further specification, the second week of September. Wamsley Decl., ECF 38 ¶¶ 16, 18; Cantu Decl., ECF 40 ¶ 15. The first involved protesters setting up a makeshift guillotine to intimidate federal officials; the second involved four people shining overpowered flashlights in the eyes of drivers; the third involved someone posting a photograph of an unmarked ICE vehicle online; and the last involved additional drivers having flashlights shone in their eyes. Cantu Decl., ECF 40 ¶ 15; Wamsley Decl., ECF 38 ¶¶ 16–18. These incidents are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces. They also occurred at least two weeks before President Trump issued his directive.

She compared that to the nonsense Trump put in his Truth Social posts leading up to his declaration.

On September 19, 2025, President Trump explained that the administration was going to “get rid of” the “problems” in cities, including Chicago, Memphis, and Portland. Marshall Decl., ECF 9 ¶ 25. He described that in Portland people were “out of control” and “crazy.” Id. On September 25, 2025, the President again described Portland, exclaiming that “nobody’s ever seen anything like it” with activity happening “every night,” with people that “just burn the place down.” Marshall Decl., ECF 9 ¶ 26. President Trump commented on “professional agitators” in Portland who are “paid a lot of money by rich people,” “anarchists,” and “crazy people” who try to “burn down buildings, including federal buildings,” with Portland having activity “every night . . . for years.” Id. He promised to do a “pretty big number” on the “people in Portland that are doing that.” Id.

The order is best understood as laying out that DOJ was absolutely unable to substantiate the things Trump said in his Truth Social posts that were the ostensible purpose for the deployment. This great Greg Sargent interview with Oregon’s Attorney General, Dan Rayfield, describes how easy it was to prove Trump deployed the Guard based on delusions.

Sargent: Well, to go into the guts of that, by law, Trump can only federalize the National Guard if there’s an invasion by a foreign nation, a rebellion, or if the laws can’t be executed with regular forces. The crucial thing though is that while the president has a fair amount of deference in determining whether those things are happening, you can’t just make it up whole cloth. The judge cited a few examples of violence but said it doesn’t come close to reaching those conditions. Can you talk about the importance of that aspect of the ruling?

Rayfield: Yeah, and I think it’s important for all of us to be grounded. We actually do want a rational president to have deference in being able to determine when there’s an emergency that might necessitate the military, right? You wouldn’t want to second-guess a president—is this an invasion or is this not? You want to give them a ton of deference to react immediately.

What made this very unique is that, right now, it’s not even a close call. You can give all the deference you want to the president, and still—none of those circumstances exist.

And I often joke, the only rebellion going on in Oregon right now is when I try to feed my son a vegetable. So it’s just a very strange dynamic. The president is really just fixated on social media gossip, which is incredibly reckless to rely upon when you’re deploying the United States military.

Sargent: Well, I want to try to get at Trump’s bad faith in all this. The judge cited a tweet from Trump after a period of really minimal activity outside the Portland ICE facility. Trump tweeted that he’s directed the defense secretary to protect, quote, “war-ravaged Portland and any of our ICE facilities under siege from attack by Antifa and other domestic terrorists.”

The judge looked at that and said Trump can’t just make up “facts on the ground”—said Trump was “untethered from the facts.” So, AG, didn’t Trump’s bad faith work against him here?

Rayfield: Unquestionably, right? But that’s what’s so amazing about our court system in the United States. It’s a place where we get to go in and talk about truth. We get to talk about facts. And we have a judge—no matter where they come from in life—who gets to evaluate the circumstances on the ground and make these decisions.

It doesn’t matter what the president says. You can say whatever you want, but you still have to be able to back it up with real facts. And to be able to push back against the president and say, Hey, no, this is unacceptable, is incredibly important.

The man is delirious. DOJ cannot substantiate the reality he is living in.

And yet the far right keeps churning out propaganda in hopes of justifying an invasion. Even as this hearing was going on, right wing provocateur Nick Sortor was whining that he had been arrested outside the ICE facility.

Not only did DHS get him released from Portland custody, but one after another top official decided they were going to investigate Portland for arresting an outside agitator.

Trump even took some time out to encourage the outside agitator.

There are multiple problems with this big rush to defend Sortor. Not only does Sortor have a history of doing this and ties to far right extremists, not only was the conflict caught on video showing him making physical contact first, not only has ICE elsewhere violently assaulted real journalists (meaning Civil Rights Division is selectively intervening), but according to the press release, Federal authorities started arresting people before Portland arrested Sortor.

PPB was monitoring the protest during the evening and observed some protest participants engaging in fights.

At about 8:09 p.m., PPB Dialogue Officers (DLOs) observed two men fighting near the ICE building driveway. The DLOs called in additional resources and officers were responding when the fight ended following one participant being knocked to the ground. He did not lose consciousness and never requested medical help. Both involved were detained by federal law enforcement and were later released. Neither party indicated they wanted to make a police report.

PPB continued to monitor the situation and responded after seeing additional fights break out. At about 11:16 p.m., RRT moved in and arrested three people were arrested and all booked into the Multnomah County Detention Center (MCDC) on charges of Disorderly Conduct in the Second Degree:

Angela Davis, 49, of Vernonia, Oregon

Nicholas Sortor, 27, of Washington, DC

Son Mi Yi, 43, of Portland

DOJ is saying that Portland can’t arrest people who travel across the country to spark unrest in Portland. And Sortor has been out since then trying to provoke violence.

When this goes to court — and undoubtedly it will in some form — DOJ will be stuck defending the premise that DOD has to invade Portland because right wingers with close ties to the President traveled across the country to stoke unrest.

And they did so in conjunction with an invasion premised on persistent false propaganda shown on Fox News.

Sunday, Trump was babbling some more about what’s going on in Portland, claiming that the reason Mayors don’t want the Guard is that they’re too terrified of … the inflated frog personas, I guess.

Kristi Noem dresses up a Russian useful idiot to produce propaganda about Chicago

Which leads us to Chicago.

I suggested, last week, that one reason Trump’s immigration invasions are so unpopular is they result in so many videos showing ICE butt cracks and beer bellies, poorly trained-men rolling around in a street like greased pigs as they try to arrest brown men. That negative spectacle, going viral, has drowned out the staged attempts to pitch the violence against brown people in eroticized terms.

Which is an important thing to remember when reviewing just the last few days of outrageous abuse: there is the abuse, there is the staged spectacle, and there is the effort (as with Nick Sortor) to use the resultant spectacle to provide a pretext to justify further invasion.

Consider that DHS produced a highly produced video of its assault on a South Shore apartment building last week, which may do more to explain the timing of the raid — which started at 1AM and thus necessitated strobe lighting — than any law enforcement purpose (to say nothing of the fact that judges ordinarily require warrants be executed after dawn). Since it was hours before even the US citizens detained in the raid got back into their apartments, there were few live videos of the raid — though one neighbor took a picture of Noem’s goons apparently traveling the same way the extremist group, Patriot Front, travels: in the back of a rental truck.

It wasn’t until after residents were able to return to their homes that they found that ICE had taken an already squalid place into a hell hole.

Dan Jones stood outside with police officers to file a report after his valuables — from his mattress and iPad down to his air fryer — were stolen after agents broke his door.

Jones slept at an aunt’s house following the raid and returned to find clothing and garbage that wasn’t his all over his apartment floor.

A small moving crew said they had been hired after the raid to clear out now-vacant units — but didn’t say by who. Doors were boarded up. In one room, there were zip ties and blood stains on the floor next to baby shoes. Flies swarmed around open fridges.

Water damage had caved in ceilings. Strollers and air conditioners and more things left behind blocked the middle of dark hallways. The lobby elevators were broken, with their buttons perpetually lit on the down arrow.

There was a strong odor everywhere.

Jones said the building’s “dirty” conditions predated the raid, but this was the worst he’d seen the place. It was the first of the month and his rent was due.

“It looks like hell,” Jones said. “ICE really just a gang.”

There’s reason to suspect that one beneficiary of this raid, like similar ones in Colorado targeted at apartments significantly rented by Venezuelans, is the slum landlord who had neglected the building.

As I noted, Illinois’ lawsuit against the Federal government focuses on how Noem and her chief goon, Greg Bovino, staged a number of other photo ops around the city, including the confrontation they staged with protestors.

I’ve also laid out the significant discrepancies in the claims surrounding CBP’s shooting of Marimar Martinez, discrepancies that could doom that prosecution even if the central allegation, that she rammed the CBP vehicle, were true (which her attorney contests).

Where Noem’s urge to create propaganda may get her in trouble is how she invited Russia’s useful idiot, Benny Johnson, to tag along wearing Border Patrol armor.

Among other things Benny did on his cosplay cop caper was to post a video of protestors as they were being arrested, claiming they were being arrested for “VIOLENT ASSAULT.”

Of the Federal charges filed since then, just one has been from Broadview (it was assault, but even that one sounds like someone charged for being pushed by the Feds). If, in fact, these people weren’t charged — much less with assault — this would be slander. Since he was dolled up as a “Border Patrol Federal Agent,” even if they were arrested, this will be a privacy violation that might endanger any charges the Feds tried to file.

Worse, Benny’s AI slop video from the cosplay should make it easy for Chicago to show that — as in Portland — Trump’s people are simply making (literal) shit up about Chicago.

In multiple states, Trump’s Administration is relying on provocateurs (in Benny’s case, once funded by the Russian government and still scrutinized for his unnatural YouTube growth) to spread outright slop claims to justify these invasions.

There’s so many ways this could backfire.

Kilmar Abrego gets Vindictive Prosecution discovery

Which brings us, after much delay, to the potential consequences for all this.

The other day, Judge Waverly Crenshaw granted Kilmar Abrego discovery associated with his motion for vindictive prosecution. He cited a range of public comments government officials made about the case. He focused closely on Todd Blanche’s admission that the government only started investigating Abrego after his habeas case got traction.

Most tellingly, Attorney General Bondi’s direct report, Deputy Attorney General Todd Blanche, linked Abrego’s criminal charges to Abrego’s civil lawsuit in Maryland. Strikingly, during a television interview Deputy Attorney General Blanche revealed that the government started “investigating” Abrego after “a judge in Maryland . . . questioned” the government’s decision, found that it “had no right to deport him,” and “accus[ed] [the government] of doing something wrong.” Kilmar Abrego Garcia was indicted on ‘very serious’ charges, US deputy attorney general says, Fox News (June 6, 2025), https://www.foxnews.com/video/6373969491112.

[snip]

Deputy Attorney General Blanche’s remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights to bring suit against the Executive Official Defendants, rather than a genuine desire to prosecute him for alleged criminal misconduct. 1

1 It may be that Deputy Attorney General Blanche’s opinion distressed former Chief of the Criminal Division of the U.S. Attorney’s Office in the Middle District of Tennessee, Ben Schrader. It is alleged that Mr. Schrader resigned on May 21, 2025—the day Abrego was indicted—because of what some have suggested were his “concerns that th[is] case was being pursed for political reasons.” Katherine Faulders et al., Kilmar Abrego Garcia Brought Back to US, Appears in Court on Charges of Smuggling Migrants, ABC News (June 6, 2025), https://abcnews.go.com/US/mistakenly-deported-kilmar-abrego-garcia-back-usface/story?id=121333122.

Judge Crenshaw suggested this list, from Abrego’s lawyers, would be a good starting point for discovery (though he said bullet e should be narrowed):

a. Material concerning the predication and reasons for opening the investigation that led to the indictment, including, but not limited to, communications between the Department of Justice (“DOJ”) and DHS, such as email, text messages, and other correspondence;

b. Communications among DOJ, DHS, the State Department, and/or the White House about the inception or progress of the investigation, such as email, text messages, and other correspondence;

c. Material concerning the decision made by the Federal Bureau of Investigation (“FBI”) and/or Homeland Security Investigations (“HSI”) in or around 2022 not to pursue any investigation or prosecution of the November 30, 2022 traffic stop;

d. Material concerning the government’s change in position and decision to prosecute this case;

e. Material concerning negotiations and the decision to return Mr. Abrego to the United States after he was removed from the United States to El Salvador in March of 2025, including, but not limited to, communications among DOJ, DHS, the State Department, the White House, and/or the government of El Salvador, such as email, text messages, and other correspondence;

f. Material concerning the departure of Ben Schrader, formerly the Chief of the Criminal Division of the U.S. Attorney’s Office in Nashville, Tennessee, whose resignation was reportedly prompted “by concerns” that the instant case “was being pursued for political reasons.”1 See, e.g., United States v. Adams, 870 F.2d 1140, 1146 (6th Cir. 1989) (allowing discovery in connection with vindictive prosecution claim); United States v. Fieger, No. 07-CR-20414, 2008 WL 205244, at *16 (E.D. Mich. Jan. 24, 2008), as amended (Feb. 1, 2008). [my emphasis]

Bullets b and f get you directly from decisions made in the White House and shared with Blanche to their effect on the AUSA who quit because of the way this went down — and it may well lead to a deposition of both Blanche and Schrader.

We’re in uncharted territory here. Even if DOJ doesn’t find a way to appeal this, there will be a heated fight over privileged communications (which will implicate Trump v. US when this inevitably gets to SCOTUS).

But this was the predictable outcome of a bunch of boneheaded things DHS and DOJ did back in April.

It’s also a measure of where all the things they’re doing right now could be headed … a few months down the road.

* The “do something bitch” comment is what a CBP officer said before shooting Marimar Martinez on Saturday in Chicago.

Update: Now Oregon’s GOP is making fabrications about what Portland looks like, based off old pictures of South America. And Broadview’s Mayor is claiming ICE made false 911 calls to their office.

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Kristi Noem’s Non-Stop Slander Invites Congress to Ask Melania about Her Close Ties to Jeffrey Epstein

Kristi Noem loves to slander Kilmar Abrego Garcia.

DHS has long wanted to claim — but failed to substantiate — that Abrego is a member of MS-13.

For example, the whistleblower complaint from Erez Reuveni describes how DHS wanted to make such claims about Abrego, but had no evidence. When he failed to make such an argument in court, his boss Drew Ensign called to complain, explaining that the White House had wanted DOJ to make such a claim.

Ensign asked Mr. Reuveni why he did not argue that Mr. Abrego Garcia was a member of a terrorist organization or that being a member of such organization meant Mr. Abrego Garcia’s protection from removal to El Salvador was nullified. Mr. Reuveni told Ensign he did not make those arguments because: 1 ) those were not arguments in the government’s briefs, which Ensign had reviewed; 2) there was no evidence in the record to support the arguments; and 3) the laws governing withholding of removal do not support a theory that declaring someone a member of a terrorist organization retroactively nullifies a grant ofwithholding relief. Ensign had little reaction but called again a few minutes later asking similar questions and informing Mr. Reuveni that these inquiries were prompted by the White House. Mr. Reuveni again repeated the same concerns he had on the first call.

Todd Blanche fired Reuveni after he refused to sign on a brief claiming that Abrego was a terrorist, a claim not made to the District Court.

And when DOJ attempted to convince two judges that Abrego was a dangerous terrorist, they failed. Magistrate Judge Barbara Holmes laid out that the evidence presented to her of MS-13 membership largely amounted to the feeling of a cooperating witness whose family has ties to a competing gang, but their key cooperating witness said he knew of no evidence Kilmar was a MS-13 member.

The government’s evidence that Abrego is a member of MS-13 consists of general statements, all double hearsay, from two cooperating witnesses: the second male cooperator and N.V. Those statements are, however, directly inconsistent with statements by the first cooperator. In interviews, the second male cooperator, whose general unreliability the Court addressed above, stated broadly to Special Agent Joseph that Abrego was “familial” with purported gang members. Other than this vague statement, there is no evidence of when these interactions occurred or in what context (other than as general greetings), how the second male cooperator determined those other unidentified individuals to be known gang members, or precisely how some perceived interaction between Abrego and other unidentified individuals substantiates gang membership.

Cooperating witness N.V. stated to Special Agent Joseph that she “believed” Abrego to be a member of MS-13. N.V. is a 20-year-old female individual who gave interview statements, but not sworn testimony, of her interactions with Abrego from more than five years earlier, when she was 14 or 15 years old. She has been previously compensated for providing information to law enforcement but is not receiving compensation in this case. NV’s family is also affiliated with the 18th Street or 18 Barrio gang. Other than N.V.’s general belief about Abrego’s gang membership, no other testimony was offered of when, in what context, how, or why N.V. came to arrive at that belief.

Contrary to the statements of the second cooperator and NV, the first male cooperator told Special Agent Joseph that, in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member. This statement specifically repudiates any outward indicia that Abrego belongs to MS-13, in stark contrast to the non-specific second cooperator’s and N.V.’s feelings that Abrego may belong to MS-13. Given these conflicting statements, the government’s evidence of Abrego’s alleged gang membership is simply insufficient.

[snip]

25 Given the volume of resources committed to the government’s investigation of Abrego since April 2025, according to Special Agent Joseph, the Court supposes that if timely, more specific, concrete evidence exists of Abrego’s alleged MS-13 gang membership or a consistent pattern of intentional conduct designed to threaten or intimidate specific individuals, the government would have offered that evidence at the detention hearing.

When asked to review Holmes’ decision, District Judge Waverly Crenshaw agreed, finding that the government’s claims “border on fanciful.”

Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful.

But Noem and her flunkies keep publicly claiming that Abrego is an MS-13 member.

Abrego has requested on four different occasions (one, two, three) for the judge in his criminal case to gag the government from making such inflammatory claims, most recently last Thursday. Each time, Judge Crenshaw has ordered parts of the government to comply — first the lawyers subject to local rules, and then anyone before the court — but he noted that it was not clear whether DHS is before him.

ORDER as to Kilmar Armando Abrego Garcia: Before the Court are Abrego’s Motion to Ensure Compliance with Local Criminal Rule 2.01 94 and Supplemental Motion regarding the same 98 . To the extent the Motions 94, 98 seek clarification that Local Rule 2.01 applies both to the Department of Justice and the Department of Homeland Security, it is not clear on the record before the Court whether that is true of the latter. Nevertheless, for those before this Court, compliance with Local Criminal Rules 2.01(a)(1) and (a)(4) is not discretionary for all attorneys and their firms or agencies. To ensure that Abrego receives a fair trial, all counsel are subject to Local Criminal Rules 2.01(a)(1) and (a)(4) and Tennessee Rule of Professional Conduct 3.8(f). All counsel and those working with counsel shall ensure that any proper public communications include that the Indictment only contains allegations. Our Constitution requires that Abrego is presumed innocent unless and until proven guilty beyond a reasonable doubt by a jury.

Noem, of course, doesn’t care.

Perhaps as a deliberate incitement Sunday, she went on Face the Nation, and repeated the same unsubstantiated claims that Holmes and Crenshaw both judged they had no evidence to prove, including that Abrego, “was a known human smuggler, an MS-13 gang member, an individual who was a wife beater, and someone who was so perverted that he solicited nude photos from minors.”

CBS cut that claim, and now Noem, Trump’s top propagandists, and Trump’s right wing mob is trying to liken it to CBS’ editing of the Kamala Harris interview.

In other words, even as Abrego asks the court to make DHS adhere to long-standing policies of public statements regarding pretrial defendants, Noem is deliberately stoking slander.

She’s doing so, presumably, comfortable in the knowledge that DOJ would substitute the government for Noem if Abrego sued. That is, she’s hiding behind the immunity of government employ to stoke a false propaganda campaign against a guy she trafficked to a concentration camp based on false claims.

I can’t help but note that Noem is gleefully engaged in slander in the wake of Melania Trump’s efforts to bully multiple entities — first Daily Beast, and then James Carville — into withdrawing reports about Jeffrey Epstein’s claims that he had role in introducing Melania to her spouse (or that they first fucked on his plane). Melania attempted to do the same with Hunter Biden, but he refused (and in the process, Hunter noted that NYT had published Epstein’s claim he introduced them before he died, with no retraction).

But while Mr. Trump has dismissed the relationship, Mr. Epstein, since the election, has played it up, claiming to people that he was the one who introduced Mr. Trump to his third wife, Melania Trump, though neither of the Trumps has ever mentioned Mr. Epstein playing a role in their meeting. Mrs. Trump has said that her future husband simply asked for her phone number at a party at the Kit Kat Club during Fashion Week in 1998.

Thus far, Melania has not made good on her threat to sue Hunter into oblivion.

Melania also got a British publisher to withdraw a more incendiary claim in online versions of a new book on Prince Andrew.

As Congress returns today, Epstein will remain a key focus, with a politicized inquiry unfolding under James Comer in House Oversight and a more aggressive effort pushed by Ro Khanna and Tom Massie, who have a discharge petition queued up for a vote. Both efforts have real cause to ask why Trump moved sex trafficker Ghislaine Maxwell to a minimum security prison camp close to Bryan, TX schools (including Texas A&M) to shut her up, and whether it has anything to do with Melania’s litigious interest in tamping down any questions about her ties to Epstein.

Those same members of Congress might take a lesson from Noem (or, for that matter, the members of Congress who made false claims about Hunter Biden).

The entire Trump Administration treats government employ as a platform for incendiary slander.

As Trump faces renewed scrutiny of his efforts to cover-up his ties to Jeffrey Epstein, that could get awkward for Melania.

I am assuredly not saying that Ro Khanna should deliberately lie about Melania, as Noem is deliberately lying about Abrego. But I am saying that one basis for Trump’s sensitivities about Epstein (the other being the fact that Epstein and Maxwell “stole” his spa girls, forcing one — Virginia Giuffre — into sex slavery) appears to be Melania’s ties to the sex trafficker. And Congress does have the interest and authority into probing those ties.

Update: Corrected inaccurate description of Abrego as a “pretrial detainee.” He has been released under Bail Reform, but then was detained anew by ICE.

Update: Fixed Judge Crenshaw’s first name.

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Two Maryland Men and a Michigan Woman: A Topology Trump’s Witch Hunts

Back on Friday, before Women’s World Cup Rugby distracted me for a long weekend, I started this post with the claim, “As of this moment, both Kilmar Abrego and John Bolton are free men.”

That claim, of course, has been overtaken by events.

Friday started with a search of Bolton’s Maryland home, reportedly in a renewed investigation into the mishandling of classified information that went into his book (see Ben Wittes’ first hand account here). In an interview taped (and partially released that day), JD Vance revealed not only that he was part of the investigative decisions targeting Bolton, but effectively admitted this was a fishing expedition, basically a search of the Trump critic’s home to find out if they could target him with a crime.

VICE PRES. JD VANCE:

We’re in the very early stages of an ongoing investigation into John Bolton. I will say we’re going to let that investigation proceed. What I can tell you is that, unlike the Biden DOJ and the Biden FBI, our law enforcement agencies are going to be driven by law and not by politics. And so if we think that Ambassador Bolton has committed a crime, of course, eventually prosecutions will come. But as you know, Kristen, this is all part of gathering evidence, trying to understand something that we’re worried about. And, of course, I’ll let the FBI comment on the next stage of the investigation.

KRISTEN WELKER:

What’s at the root of this? Is this about classified documents?

VICE PRES. JD VANCE:

Well, again, I’ll let the FBI speak to that. Classified documents are certainly part of it. But I think that there’s a broad concern about, about Ambassador Bolton. They’re going to look into it. And like I said, if there’s no crime here, we’re not going to prosecute it. If there is a crime here, of course, Ambassador Bolton will get his day in court. That’s how it should be. But again, our focus here is on did he break the law? Did he commit crimes against the American people? If so, then he deserves to be prosecuted.

This was heavy handed dick-wagging, the White House making it clear they were personally directing searches of Trump’s defectors.

Meanwhile, Abrego was free on Friday when I started this post. He was released from pre-trial detention in Tennessee, only to be detained at an ICE check-in on Monday. Judge Paula Xinis has ordered the government not to deport him — to Uganda — until she can review the evidence of retaliation for his decision to contest first his illegal deportation and then the Tennessee charges against him. He has formally requested to be deported to Costa Rica.

Abrego’s very good attorney, Sean Hecker, described how much courage it took Abrego to fight this fight:

One of Mr. Abrego Garcia’s lawyers, Sean Hecker, said after the detention that the threat of deportation came even as Costa Rica was willing to take him in as a refugee. “The government’s campaign of retribution continues because Mr. Abrego refuses to be coerced into pleading guilty to a case that should never have been brought,” he said.

After the Bolton search, a number of people claimed it represented some new low in Trump’s efforts to demonize his opposition. Such claims always depended on misrepresenting the Durham investigation and ignoring the way Bill Barr’s DOJ framed Joe Biden. But after the confirmation that Durham chased Russian disinformation for two more years after concluding the underlying pretext for his investigation was fabricated, such assertions border on pathology.

That said, the Kilmar Abrego treatment is new; in the first Trump term, after all, DOJ would simply reverse wrongful deportations. So, too, is Trump’s claimed firing of Fed Governor Lisa Cook after Bill Pulte snooped in her mortgage records and conjured up a mortgage fraud referral. This is an Administration pushing the means by which it attempts to criminalize its opponents — but that overreach may (and in Abrego’s case, arguably already has) backfire.

I want to write a series of posts on how and what he is doing.

In this post, I will lay out a kind of topology of what he is doing — and how various executive authorities overlap in them. These attempts are efforts to push the bounds of criminal prosecution, sometimes by forgoing the actual prosecution, sometimes by fabricating evidence.

In a second post, I will discuss the players. It matters that Todd Blanche has been named in two separate vindictive prosecution filings, particularly given the ruling that Alina Habba was not properly acting as US Attorney during the period when DOJ claimed not to have body cameras for two of the key witnesses in the LaMonica McIver prosecution. It matters that Kash Patel, who harbored a grudge against Bolton going back years and included him in his enemies list, gleefully tweeted as the search of Bolton’s home began. It even matters that Pulte appears to be trawling the financial records of Trump’s enemies, even while Trump’s other policies harm the housing industry.

In a third post, I’ll consider outcomes. Trump is doing this for more than just his desire to attack his enemies. But it’s not clear whether, particularly after purging the Department of Justice of competent prosecutors, he can achieve his objectives. As I’ve noted in the past, Trump is trying to satisfy a mob of rabid conspiracy theorists. While I believe the Hunter Biden prosecution raised real concerns, in general, the criminal justice system still adheres to basic laws of gravity. And those rules may thwart Trump’s effort to redefine “justice.”

In a fourth post, I’ll review John Roberts’ opinion in Trump v. US. The opinion did more than immunize Trump’s own crimes; it created conflicts that will soon land before SCOTUS.

Immigration

It is my belief that, on top of being a raging white nationalist, Stephen Miller identified immigration law as an area where the expansiveness of Presidential authority provides ready tools for fascism. After all, Miller plotted for years to use the Alien Enemies Act as a way to send hundreds of men to a concentration camp with no due process, an effort that was thwarted (for now, at least) by the Continuing Resolution that kept government open over the weekend of March 14, Chief Judge James Boasberg’s willingness to work while on vacation, and key disclosures about the lies on which the effort was based.

From that expansive authority, DOJ has explicitly tried to criminalize support for migrants. Last week, for example, Acting Los Angeles US Attorney Bill Essayli crowed that he convinced a grand jury to indict Adrian Andrew Martinez, the kid whom CBP assaulted after he called out their detention of an old guy in his Walmart parking lot. While his indictment (from nearly a week ago) is not yet docketed, the complaint against him claims Martinez was blocking the CBP vehicles. Before charging Martinez, DOJ attempted to subpoena his contacts with media, as if the media will be implicated in this conspiracy.

The charge against Martinez — conspiracy to impede a federal officer — is the same DOJ has used against David Huerta, the President of CA’s SEIU, who also was assaulted at a protest. That case keeps getting continued, which could reflect that it is one of the cases that prosecutors are having a hard time getting a grand jury to indict, or could indicate that politicized prosecutors are using the initial charge to rifle through SEIU coffers to try to substantiate something larger.

There are four other cases where Trump’s DOJ has attempted to criminalize Democrats with a crime for countering DHS’s dragnet.

I suspect that Brad Lander, who was violently detained days before the NYC Mayoral Primary, would have been charged if not for Emil Bove’s prior statements about how even prosecuting Eric Adams was election interference.

Trump’s other key targets — Milwaukee Judge Hannah Dugan, Newark Mayor Ras Baraka, and Newark Congresswoman LaMonica McIver — all did have official purpose to do what Trump is trying to criminalize. But on top of that official purpose, as all three cases moved to discovery, the accused caught the government in apparent false claims. Dugan, for example, claims that DOJ falsely accused her of sending the undocumented man before her down a stairwell (the more damning alleged facts in the case against Judge Shelly Joseph, whom Trump charged in his first term).

2 On this small detail, Judge Dugan follows the government on one of its forays outside the scope of the indictment. It is undisputed—and indisputable, given the video evidence—that E.F.R. entered the public hallway about 15 feet to the right of the usual courtroom door, where two agents watched him emerge. So Judge Dugan never “optimized” the man’s avoidance of federal agents. Contra Dkt. 46 at 28. On the government’s own witness statements, she certainly never directed E.F.R. “to access a stairwell.” Dkt. 46 at 21. To the contrary, she pointed him to the public hallway. None of this is dispositive now, one way or the other, especially because the magistrate judge found these acts part of a judge’s job, Dkt. 43 at 30, and the government does not dispute that finding. But it begs the question why the government overstates or misstates its evidence.

In the Baraka and McIver case, the sworn affidavit of Ricky Patel in the Baraka case does not match the alleged facts in the McIver indictment — and that’s before you get into the missing Body Cam footage in McIver’s case.

Which is to say that Trump’s DOJ is having to make shit up in their quest to criminalize oversight for immigration enforcement.

Revenge

The criminal case against Ksenia Petrova — the Harvard researcher first detained, then arrested, for bringing frog samples into the country — is unclear. Speedy Trial should have expired on that case.

With Abrego, of course, is it much more clear.  Rather than move Abrego back to the US and initiate a deportation procedure to a third country, they instead immunized and freed people who’ve committed the crime they’re alleging against Abrego. Two judges reviewed the evidence and both found it so flimsy that it didn’t merit detention. Then, after he accused the government of classic vindictive prosecution — the filing of charges because he availed himself of his rights under the Constitution, they tried to coerce him to plead guilty in order to win deportation to Costa Rica instead of Uganda.

That’s why the stakes on Abrego’s case are so high. He is challenging the government’s bid to ratchet up legal jeopardy when anyone fights for their rights. While so many others lay low in hopes they’ll avoid further targeting, Abrego — perhaps out of necessity — has pushed to vindicate rule of law.

Data dives

Meanwhile the head of Fannie and Freddie, Bill Pulte, appears to be trawling through mortgage records to find dodgy paperwork to refer to Trump’s Director of Weaponization, Eagle Ed Martin. Thus far, Pulte has referred Tish James, Adam Schiff, Lisa Cook, and two more unnamed people.

As Abbe Lowell noted in a latter to Martin regarding his stalking of Attorney General James, somehow Pulte missed that Ken Paxton has one more “primary residence” than Pulte claims that his Dem targets do.

This conclusion is supported by your other appointed title, Special Attorney. Whileprofessing to be acting to address “mortgage fraud,” Attorney General Bondi and you have statedthat your targets are Ms. James (Democratic Attorney General of New York) and Adam Schiff(Democratic Senator of California). Notably, absent from your mandate is Kenneth Paxton(Republican Attorney General of Texas). Given that the same news reports raising questions aboutMs. James and Mr. Schiff have reported that, somehow, Mr. Paxton has three different properties that he claims to be his “primary residence,”3 it seems to indicate your title ought really be,“Special Assistant for Mortgage Fraud [Alleged Against Democrats Adverse to President Trump].”

3 Texas Attorney General Ken Paxton, a Senate hopeful, claimed 3 homes as his primary residence,Associated Press (July 24, 2025), https://apnews.com/article/paxton-mortgages-trump-primary-residence-homestead-deduction-bd259b6bd122afcaf4f11eac5a3a152e.

One thing that’s missing from all of this, however, is that Ed Martin is the one receiving these referrals, not a competent prosecutor (note, too, that the metadata of an earlier letter Martin sent Lowell showed that Jared Wise, an FBI agent who incited January 6 rioters to kill cops, was the author of the letter).

These are men who stated their job was to name and shame, not prosecute.

Ed Martin described himself at a press conference as the “captain” of the group that is investigating prosecutors who launched past investigations into Trump and his allies.

“There are some really bad actors, some people that did some really bad things to the American people. And if they can be charged, we’ll charge them. But if they can’t be charged, we will name them,” Martin said. “And we will name them, and in a culture that respects shame, they should be people that are ashamed. And that’s a fact. That’s the way things work. And so that’s, that’s how I believe the job operates.”

[snip]

“I will say that the prosecutor’s role, and at this moment in our history, is to make clear what the truth is and to get that out,” Martin said. “It can’t be that the system is stifling the truth from coming out because of some procedure.”
Martin said he would have a “more public-facing” role as director of the Weaponization Working Group.

“When I was asked to switch over here, I was told, you know, this job, you need to be out more and talk about what’s going on. So I think we’ll be a little bit more outward facing in terms of talking about what’s happening,” Martin said.

Trump has now claimed to have fired Cook — in spite of a recent Supreme Court ruling that explicitly said the President can only fire Governors for cause, even though Pulte chose to share the referral with someone who brags that he is not conducting himself according to DOJ guidelines.

The extralegal nature of this is of particular concern. In a matter of ten days, a partisan official offered up a Black woman to target, and Trump responded by firing her without the due process he was afforded.

And I expect that Pulte is just the tip of what will soon become an iceberg. Trump has done completely unprecedented consolidation of government-held data (indeed, there’s a new allegation that DOGE is mishandling Social Security data). So we should expect more such attempts to criminalize Trump’s adversaries as his minions data mine more data.

Counter-investigation

Meanwhile, Trump is trying to find a way to claim those who investigated him are themselves criminals.

To be sure, he has already gutted DOJ and FBI of experience by purging those who worked on Trump’s cases (which by purging the really talented prosecutors, might make it harder to succeed with other edge cases DOJ is pursuing).

But Eagle Ed Martin claims to be search for a way to prosecute Tish James. There are hints that DOJ is trying to pursue people like Liz Cheney.

And rather than concerning himself with Trump’s coddling of Russian and China, Tom Cotton referred Jack Smith to Office of Special Counsel for investigation. According to a NYT report, OSC has not contacted Smith or his team at all (suggesting that under Trade Rep Jamieson Greer, the office is not working according to normal protocol). This may be just another attempt to document dive — beyond what Trump himself attempted — to try to invent conflicts where none exists.

Conspiracy theories

Then there’s the at least third attempt to do what John Durham spent four years attempting to do, but failed — to find some way to claim that the counterintelligence and criminal investigation of Trump in 2016 was itself criminal.

The latest incarnation stems from Tulsi Gabbard’s adoption of an obvious conspiracy theory, one based on provably false claims about the shift in the intelligence review in 2016, the content of the Intelligence Community Assessment, and John Clapper’s view of the Steele dossier briefing to Trump.

Trump is attempting, with shoddier prosecutors, what Durham went to lengths he himself said were criminal himself.

Old news

And then finally there’s the old news — the attempt to mine from prosecution declinations — of Jim Comey under Bill Barr in 2020 and of John Bolton under Merrick Garland sometime in the last four years. Both these investigations attempt to criminalize the men for the same thing Trump was himself charged with: mishandling classified information. They aspire to do so with declination decisions from past prosecutors.

Security clearance

The second area in which Trump is exploiting expansive Executive authority is in security clearances. He started his term by stripping security clearance from any of the 51 spooks who truthfully said that the Hunter Biden hard drive packaged as a laptop had the hallmarks of a Russian influence operation. A move to strip the security clearance of anyone in the Big Law firms he targeted is the one aspect of those Executive Orders that might survive on appeal (Trump has appealed all those decisions, on delayed basis). There were select cases of targeting — perhaps most importantly, Mark Zaid, since Zaid is one of the defense attorneys with most experience adjudicating clearance issues. And then in recent weeks, Tulsi started stripping the clearance of top spies based on her conspiracy theories.

The expansiveness of Presidential power on this issue will matter in criminal cases insofar as it prevents someone like John Bolton from enjoining the witch hunt into him.

Previous posts

May 27: The Law, Conspiracism, and Gravity

June 12: Pam Bondi’s Four Political Prosecutions

August 16: LaMonica McIver Prepares to Hoist Todd Blanche with His Own Petard

Dockets

Hannah Dugan docket

Ras Baraka criminal docket

Ras Baraka civil docket

LaMonica McIver docket

David Huerta docket

First Kilmar Abrego civil docket (MD)

Second Kilmar Abrego civil docket (MD)

Kilmar Abrego criminal docket (MDTN)

Ksenia Petrova criminal docket

 

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DOJ’s Past Lies Continue to Backfire

A lifetime ago in the history of Stephen Miller’s dragnet (that is, Monday) I contemplated writing a post on how Magistrate Judge Barbara Holmes’ opinion — finding that DOJ was not entitled even to a hearing at which to argue in favor of detaining Kilmar Abrego Garcia pre-trial. but even if they were, that argument would fail — might influence his lawsuit in Maryland.

I got distracted with other things.

And now, it’ll be a dramatically different post.  A bunch of things have happened in the interim, including:

  • SCOTUS wrote an unfathomable order that got Trump’s DOJ off the hook for blowing off a District Court order by, instead, permitting Miller to deport migrants to slavery and torture (read Steve Vladeck for more)
  • NYT published a story about a complaint Erez Reuveni submitted to DOJ Inspector General, alleging (in part) that, at a meeting about what to do in the face of an at-that-point-hypothetical order not to deport planeloads of migrants based on an Alien Enemies Act declaration, Emil Bove said “D.O.J. would need to consider telling the courts ‘fuck you’ and ignore any such order”
  • Deputy Attorney General and sometime Trump defense attorney Todd Blanche went on a rant on Xitter, claiming newsworthy journalism (implicating him in alleged grave ethical violations) should not be “tolerated”

As it is, there are two key details from Holmes’ opinion that may have resonance both in KAG’s criminal case and the lawsuit.

Barbara Holmes: Is that your final answer?

She begins her opinion by noting that KAG is accused of human smuggling, not human trafficking.

To be clear, the offenses of which Abrego is charged are human smuggling, not human trafficking. Although “smuggling” and “trafficking” were sometimes used interchangeably during the detention hearing, there is a distinct difference between the two under the law. They are not transposable. According to the United States Citizenship and Immigration Services (“USCIS”) Policy Manual:

Federal law distinguishes between the crimes of human smuggling and human trafficking. Trafficking is a crime committed against a person regardless of the person’s immigration status or the crossing of a transnational border, while smuggling is a crime committed against a country’s immigration laws and involves the willful movement of a person across a country’s border.

A person may voluntarily consent to be smuggled. In contrast, an act of trafficking must involve both a particular means, such as the use of force, fraud, or coercion, and a particular purpose, such as subjection to involuntary servitude or a commercial sex act.

USCIS POLICY MANUAL, Difference Between Trafficking and Smuggling, Vol. 3, Pt. B, Ch. 2, § B.7, https://www.uscis.gov/policy-manual/volume-3-part-b-chapter-2. The Cornerstone Report,7 a quarterly bulletin highlighting key issues related to investigations by ICE Homeland Security Investigations (“HSI”), also explains the difference between human trafficking and human smuggling:

Human trafficking and human smuggling are often confused. The two crimes are very different and it is critical to understand the difference between the two.

Human trafficking involves exploiting men, women, or children for the purposes of forced labor or commercial sexual exploitation.

Human smuggling involves the provision of a service—typically, transportation or fraudulent documents—to an individual who voluntarily seeks to gain illegal entry into a foreign country.

The Cornerstone Report, Human Trafficking vs Human Smuggling, Vol. XIII, No. 1, Summer 2017, p.1. As the report states: “Smuggling is transportation-based. Trafficking is exploitation-based.” Id. “These are not interchangeable terms.” Id. [emphasis original]

The distinction matters for a key issue in the opinion, that even if there were minors present in a van KAG drove, that doesn’t necessarily make them victims of the crime.

Nevertheless, Holmes only returns to the issue of trafficking once more in her opinion, when pointing out that if the government had evidence of human trafficking, she hopes that DOJ would charge it.

The Court supposes – or at least hopes – that if children are victimized as part of their undocumented entry into this country, the government would pursue appropriate human trafficking charges against the human traffickers.

She makes a similar aside in her discussion of MS-13. KAG’s alleged gang membership is not charged. The only reason it was pertinent to a detention decision is in how it might substantiate a risk of obstruction. As Holmes laid out, the evidence that KAG actually was a member of MS-13 was weak hearsay.

The government’s evidence that Abrego is a member of MS-13 consists of general statements, all double hearsay, from two cooperating witnesses: the second male cooperator and N.V. Those statements are, however, directly inconsistent with statements by the first cooperator.

[snip]

Contrary to the statements of the second cooperator and NV, the first male cooperator told Special Agent Joseph that, in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member. This statement specifically repudiates any outward indicia that Abrego belongs to MS-13, in stark contrast to the non-specific second cooperator’s and N.V.’s feelings that Abrego may belong to MS-13. Given these conflicting statements, the government’s evidence of Abrego’s alleged gang membership is simply insufficient.

But even if KAG were a member of MS-13, that would only be relevant to the detention determination if he were trying to intimidate people because of that gang membership. And the vague allegations don’t get there, she says at the end of that passage.

Here, the government’s evidence of hearsay testimony of a cooperating witness’s general feeling of intimidation without any description of specific language used or actions taken by Abrego is not enough to establish by a preponderance that Abrego poses a serious risk of obstructing justice within the meaning of § 3142(f)(2)(B). 25

25 Given the volume of resources committed to the government’s investigation of Abrego since April 2025, according to Special Agent Joseph, the Court supposes that if timely, more specific, concrete evidence exists of Abrego’s alleged MS-13 gang membership or a consistent pattern of intentional conduct designed to threaten or intimidate specific individuals, the government would have offered that evidence at the detention hearing.

Which elicits a similar footnote as she made regarding trafficking: “If you had evidence of these things that might implicate the detention determination,” she seems to be saying about both trafficking and KAG’s alleged MS-13 membership, “you surely would mention it.”

As noted, those asides did have a role in the opinion (if not as big a one as the page-long discussion about the smuggling/trafficking distinction would seem to suggest).

But they’re important for another reason.

Holmes is basically noting that the government presented no evidence of two claims that top Administration officials, including Trump himself along with Pam Bondi, made repeatedly. The government didn’t share the doctored photo claiming KAG’s knuckles came coded for MS-13. The government presented no evidence that KAG was the threat Pam Bondi claimed he was.

Accumulating evidence about Trump and his top aides lying about KAG

The discrepancy between what the government said publicly and what they actually charged will presumably be the subject of a selective prosecution motion, as well as a slew of other efforts to preserve KAG’s right to a fair trial.

But the disjunct between what top Trump officials said publicly and what they’re willing to say in response to KAG’s lawsuit are a central prong of his motion for discovery sanctions in the lawsuit, which argues that the government is simply not cooperating with his ability to discover what happened regarding his detention. An exhibit, described as “a non-exhaustive list” of the public things that government officials said about KAG, quotes 21 allegations that KAG engaged in human trafficking and 60 claiming he was MS-13. As one example, it cites this screed from Stephen Miller in a press conference on May 1, at least a week after the grand jury already started investigating KAG.

There has been even more evidence that has been made public about [Abrego Garcia’s] violient [sic], repeated threats and assaults against his spouse, someone who had repeated documented human trafficking and human smuggling offenses, somebody that has extensively documented membership in MS-13, a terrorist organization, and of course someone [who] had MS-13 tattooed on his knuckles. This is a person who is a clear and present danger to the safety of the American people and it is a sad reflection on the state of our media and many of the outlets represented in this room that you incessantly try to shill for this MS-13 terrorist.

The filing compares public officials’ refusal to cooperate in discovery, their bogus privilege invocations, and depositions designed to obfuscate with this NY story (included as an exhibit as well), which describes emailed conversations about what to do with KAG that should be subject to the discovery order.

They use the article — for example — to argue that one of the people who did sit for a deposition, DHS Acting General Counsel Joseph Mazzara, “may have given untruthful testimony.”

More recently, credible press reports suggest that Mazzara—DHS’s Acting General Counsel—may have given untruthful testimony. At the deposition, Mazzara was asked whether he knew by April 12 [redacted]. He ultimately answered: [redacted] ECF No. 129-9 Tr. 76:9–13. When pressed about whether anyone at DHS [redacted] Mazzara claimed he had [redacted] Id. Tr. 155:10–7. According to the New York Times, however, Mazzara “told his colleagues that [DHS Secretary] Kristi Noem . . . had taken steps to seek Mr. Abrego Garcia’s segregation from other inmates, including members of Barrio 18.” See Ex. C. The report cites specific emails from Mazzara on or around March 28 in which he noted, “We’re also trying to keep him where he is.” Id. On March 30, James Percival, another custodian from whom Plaintiffs have received no documents,12 admitted that Abrego Garcia’s removal was “an administrative error,” but added: “(Not that we should say [so] publicly).” Id.

Another heavily redacted passage suggests that, based on how and when he was charged, DOJ lied about what Pam Bondi knew when.

The filing also compares what Noem and Bondi testified to Congress versus what the timeline of the criminal investigation shows actually happened.

That NYT article describes several conversations, involving but not limited to Erez Reuveni, about ways to fix the error of deporting KAG without endangering the deportation of the 200 other men that day. Reuveni was actually trying to mitigate the risk that the KAG case would endanger the larger argument about the Alien Enemies Act; as described, at least, he was trying to protect the decision to send 200 people to torture under the AEA.

As Mr. Reuveni pointed out to the group, the case potentially “jeopardizes many far more important initiatives of the current administration.” If the government fought and lost, it could have legal repercussions, not least of which for the nearly 140 Venezuelans who were sent to the same facility under the authority of a rarely used wartime law, the Alien Enemies Act of 1798.

That was where things stood two weeks ago, when KAG’s lawyers were asking for sanctions because of the secrets DOJ is hiding.

Reuveni ties DOJ’s actions with White House lies

Yesterday — the day before Emil Bove’s confirmation hearing to become a Circuit Court Judge — Reuveni submitted a whistleblower declaration to DOJ’s Inspector General, the Acting Special Counsel (who happens to be Trade Rep Jamieson Greer), and the leaders of House and Senate Judiciary Committees, which NYT was the first to report. As part of the complaint, Reuveni claims the public explanation Todd Blanche gave for why he was put on leave — because he was not zealously advocating for his client — is not the real reason. He says he was fired because he refused to implement commands to ignore court orders.

Since April 2025 it has been widely reported that according to DOJ sources Mr. Reuveni was put on administrative leave by DOJ for allegations offailure to follow directive from his superiors failure to zealously advocate on behalf of the United States and for arguing against Homeland Security and the State Department” when he truthfully represented to the court that Mr. Abrego Garcia’s removal was in error.² These statements by Attorney General Pamela Bondi and her deputy Todd Blanche are false and misleading Indeed it has since been reported that prior to the April hearing Senior Counselor to the Secretary of Homeland Security and Trump appointee James Percival conceded that Mr. Abrego Garcia’s removal was an administrative error (Not that we should say publicly.)

Nevertheless White House officials have publicly disparaged Mr. Reuveni to justify their refusal to comply with the Constitution and with court orders.4 White House Deputy Chief of Staff Stephen Miller falsely stated, “The only mistake that was made is lawyer put an incorrect line in legal filing,” and labeled Mr. Reuveni “saboteur, a Democrat.” 5 Referring to Mr. Reuveni, President Trump stated, “Well the lawyer that said it was mistake was here long time was not appointed by us—should not have said that should not have said that.”6

He cites more than the quote that Emil Bove said that they might have to tell courts “fuck you.” Reuveni claimed he defied three illegal orders:

  • Trump’s DOJ blew off Judge James Boasberg’s injunction on deporting people under the Alien Enemies Act
  • After Judge Brian Murphy issued a nationwide TRO on deportations without notice to involve a Convention Against Torture challenge, Reuveni was repeatedly admonished for trying to implement that injunction, in writing
  • After correctly saying on April 4 that DOJ made a mistake when they deported KAG, Reuveni repeatedly objected and ultimately refused to sign an appellate brief claiming KAG was a terrorist (based on the MS-13 claim)

Reuveni’s description of the third illegal order describes how Drew Ensign responded when press headlines misrepresented Reuveni’s mere adoption of ICE’s admission that KAG was deported in error. Ensign scolded Reuveni twice, the second time, in response to a prompt from the White House.

A few minutes after the hearing, Mr. Reuveni went from the courtroom to the U.S. Attorney’s office space in the court building. The press had been present at the hearing, and bythe time he was leaving the courtroom, Mr. Reuveni had already received multiple text messages sharing news headlines about his statements to the court. Mr. Reuveni also received an email from Ensign directing Mr. Reuveni to call him, which Mr. Reuveni did. On that call, Ensign asked Mr. Reuveni – for the first time – why Mr. Reuveni had not argued that Mr. Abrego Garcia was a terrorist and that therefore his withholding ofremoval order was invalid. Mr. Reuveni told Ensign words to the effect of, “I understand you’ve seen the headlines, but read the transcript, I did not say the things the headlines say that I said.”

Ensign asked Mr. Reuveni why he did not argue that Mr. Abrego Garcia was a member of a terrorist organization or that being a member of such organization meant Mr. Abrego Garcia’s protection from removal to El Salvador was nullified. Mr. Reuveni told Ensign he did not make those arguments because: 1 ) those were not arguments in the government’s briefs, which Ensign had reviewed; 2) there was no evidence in the record to support the arguments; and 3) the laws governing withholding of removal do not support a theory that declaring someone a member of a terrorist organization retroactively nullifies a grant of withholding relief. Ensign had little reaction but called again a few minutes later asking similar questions and informing Mr. Reuveni that these inquiries were prompted by the White House. Mr. Reuveni again repeated the same concerns he had on the first call. [my emphasis]

Reuveni describes his repeated objections to an appeal claiming that KAG was MS-13 and therefore a terrorist. Hours after he refused to claim he was, Blanche put him on administrative leave.

Flentje told Mr. Reuveni that he should sign the brief, and that he had signed up for the responsibility to do so when he accepted the Deputy position. Mr. Reuveni responded, “I didn’t sign up to lie. ” Ultimately, someone else signed that brief, making arguments contrary to law, which was filed at 1:41 a.m. on April 5.

Less than seven hours later, Mr. Reuveni was placed on administrative leave for alleged “failure to follow a directive from your superiors; failure to zealously advocate on behalf ofthe United States; and engaging in conduct prejudicial to your client.” The letter signed by Deputy Attorney General Todd Blanche placing Mr. Reuveni on administrative leave was leaked to the press and reported that same day.51

Erez Reuveni claims that he was placed on leave (and ultimately fired) because he refused to lie and say there was evidence that KAG was an MS-13 member and therefore a terrorist.

Todd Blanche confesses he was in the thick of it all

The press focus on Reuveni’s complaint has been, justifiably given his confirmation schedule, on Emil Bove. Todd Blanche’s name appears just five times in the complaint, three times in association with a letter to him, the other two for his public claims about why Reuveni was fired. And Blanche’s name doesn’t appear at all in the appendix of public false claims top Trump officials have made about KAG.

But immediately after the NYT published its story, Blanche implicated himself personally, claiming to be at the meeting about the CECOT deportations and declaring taht public reporting of something newsworthy, “should not be tolerated.”

The New York Times article describes falsehoods purportedly made by a disgruntled former employee and then leaked to the press in violation of ethical obligations. The claims about Department of Justice leadership and the Principal Associate Deputy Attorney General are utterly false which is likely why the author gave the Department of Justice 15 minutes this morning to respond (they wrote that we did not “immediately respond with a comment”) before releasing this garbage. Note that [1] not a single individual except the disgruntled former employee agrees with the statements cavalierly printed by this purported news outlet. [2] I was at the meeting described in the article and at no time did anyone suggest a court order should not be followed. This is disgusting journalism. Planting a false hit piece the day before a confirmation hearing is something we have come to expect from the media, but it does not mean it should be tolerated.

Blanche’s claim that he was at that meeting conflicts with Reuveni’s; the whistleblower claims Bove was the senior DOJ official present.

That same day, following news reports that the President intended to sign a presidential proclamation invoking the Alien Enemies Act (AEA), Mr. Reuveni was summoned to a meeting by Deputy Assistant Attorney General (DAAG) of OIL, Drew Ensign. At the meeting were Principal Assistant Deputy Attorney General (PADAG) Emil Bove, Counselor to the Deputy Attorney General James McHenry, Associate Deputy Attorney General (ADAG) Paul Perkins, DAAG Ensign, Acting Director for OIL and Mr. Reuveni’s direct supervisor, August Flentje, and other OIL attorneys. [my emphasis]

That said, there’s a logical problem with Blanche’s claim. He clearly claims to have checked the story of the people who were in the meeting, marked with a [1] above. And then claims he was at the meeting, marked with a [2]. Those are the claims of a guy who has manufactured a cover story. Which — in light of the phone traffic documented by Reuveni that responded to his own emails — looks pretty suspect.

Remember: One of the very first public things Todd Blanche did as DAG was to launch a witch hunt into NYT’s source debunking Trump’s claims in the Alien Enemies Act. Then, when Pam Bondi reversed the media protections put into place by Merrick Garland, she cited that story as well. The seniormost officials at DOJ are using the Department to hunt down evidence of their own complicity in human rights violations. And Blanche’s intemperate response to Reuveni’s allegations looks to be more of the same.

It’s different with criminal prosecutions

Sadly, I don’t think the Reuveni allegations will have much impact on the Bove nomination. Right wingers in the Senate are all too happy to sanction Trump’s unprecedented corruption, as their confirmation of Blanche himself (to say nothing of Kash Patel) makes clear. I doubt that will change with Bove.

But it’s different for criminal defendants. By virtue of being criminally charged, rather than just suing for release, KAG can make a claim to need all of the conflicting stories about how top DOJ officials relayed demands and repeated false claims from people like Stephen Miller.

Perhaps that explains DOJ’s purported concern that if KAG is released pretrial, DHS might just deport him.

Nevertheless, a release of the Defendant into ICE custody poses potentially irreparable problems for the prosecution in this case and, therefore, for the public at large whose interests the Government serves. Should this Court not order a stay, and the Defendant is moved to ICE custody and deported from the United States, the prosecution would lose the meaningful opportunity to try its case. This would be irreparable harm to the public. How fast the Defendant could or would be deported remains to be seen. In candor with the Court, such a potential deportation of the Defendant would not be instantaneous. How fast such proceedings could move are difficult to predict. Yet, these immigration proceedings exist as real, potential, substantial and irreparable harm to the United States.

DOJ has made its problems so much worse by refusing to do the right thing with KAG and the CECOT deportees.

And because they’ve charged KAG, that may actually finally backfire.

Update: In the DVD case (the one in which SCOTUS ruled on Monday), plaintiffs are asking to file a surreply describing Reuveni’s allegations.

Just yesterday, a former high-level official with the Department of Justice’s Office of Immigration Litigation filed a protected whistleblower claim alleging that in this very case, highlevel Department of Justice officials conspired to violate the district court’s temporary restraining order (TRO). The disclosure describes, in painstaking detail, efforts to feign ambiguity in an unambiguous order, failing to disseminate the fact and terms of the injunction, and purposefully failing to respond to Plaintiffs’ inquiries. See Protected Whistleblower Disclosure of Erez Reuveni Regarding Violation of Laws, Rules & Regulations, Abuse of Authority, and Substantial and Specific Danger to Health and Safety at the Department of Justice at 16-21, https://s3.documentcloud.org/documents/25982155/file-5344.pdf.1

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Does Stephen Miller Know Pam Bondi Is Harboring Criminal Aliens?

The magistrate judge who presided over a detention hearing for Kilmar Abrego Garcia (KAG) last week, Barbara Holmes, has ruled that the government is not entitled to further review of his detention, but even if they were, they would not meet the standard under the Bail Reform Act to keep him jailed pre-trial.

The takeaway of her ruling is that the government’s attempt to claim the alleged presence of minors in the van he drove made his alleged crime — transporting undocumented migrants — serious enough to merit detention failed. The evidence didn’t pass the sniff test.

But the ruling is important because it documents just how shitty the case against KAG is, which (as far as I saw), just Adam Klasfeld and Katelyn Polantz attempted to do before this.

The alleged kid in the van

There were two main problems with the evidence. First, the evidence that one of the guys in the van KAG was driving through Tennessee when he was stopped back in November 2022 was a minor is based on hearsay after hearsay.

The TN State Trooper who stopped KAG passed around a piece of paper and asked everyone in the van to write down their name and date of birth. The government introduced this part of the roster, claiming it showed that one guy was born in 2007, and so would have been 15 at the time. That was the primary basis of their claim that KAG’s alleged crime involved a minor.

But the direct witness to that would be the guy in question, and the government hasn’t tracked him down.

The next most direct witness would have been the Trooper, who (Holmes noted) could have described whether he thought that guy looked young. But for some unstated reason, the government didn’t call him as a witness. Instead, everything came in through the government’s sole witness, whom Holmes describes as ICE HSI Special Agent Peter Joseph.

Note, I’ve seen other people say Joseph is an FBI Agent; if he really is HSI, it would make another of these politicized cases that don’t involve the FBI. Thus far, the sole exception is the Hannah Dugan case.

The Trooper’s own body cam got purged; what was presented was his partner’s. And while that body cam footage corroborates the hearsay claim that the Trooper got the roster, it doesn’t capture the guys filling it out.

While the body camera footage – which is itself hearsay – includes the passing around of a piece of paper among the vehicle occupants at the direction of a THP trooper on the scene, the detail of the roster is visible only briefly in the body camera footage.

The Trooper claims that he photographed the passports and saw no entry stamps. But those photos can’t be found. And the body cam footage that exists doesn’t show him taking photos.

However, even though the photograph of the roster was produced, the photographs of the passports cannot be located, according to Special Agent Joseph’s testimony. 17

17 According to Special Agent Joseph, THP Trooper Foster also stated he is almost 100% certain that none of the vehicle occupants’ passports had stamps from port of entry. However, the body camera footage, which the Court fully reviewed, does not show THP Trooper Foster taking any passport photographs or even that he was provided with passports. The Court recognizes that the footage is not from THP Trooper Foster’s body camera. The footage does, however, appear to show THP Trooper Foster’s entire interaction with the vehicle occupants.

And all that’s before you look at the number, which (KAG’s lawyers pointed out in the hearing) looks like it could have been overwritten, and even if it weren’t, Holmes observes, 1s and 7s are numbers that can be confused.

So Holmes found that that allegation was not credible enough to win the government a further detention hearing.

The criminal aliens Pam Bondi wants to free

The other primary claims about KAG go through three familially-related cooperating witnesses. As I noted when I unpacked the indictment, this entire case rests on their credibility.

As Holmes described it, this was double (or triple) hearsay testimony of three witnesses all of whom hope to remain in the country, two of whom are felons the government will or already has freed. And the testimony of those guys as to whether KAG brought his special needs kids with him is not remotely credible just as a matter of logistics.

Special Agent Joseph testified that the first and second (male) cooperators testified or stated in interviews that Abrego typically took his children with him on trips during which he was allegedly smuggling undocumented people from one place to another. The first female cooperator testified to also having knowledge of this alleged conduct. Importantly, each cooperating witness upon whose statements the government’s argument for detention rests stands to gain something from their testimony in this case.

The first cooperator, who provided interview statements and grand jury testimony, has two prior felony convictions, has previously been deported five times, and was released early from a 30-month federal prison sentence for human smuggling as part of his cooperation in this case. He is the purported domestic leader of the human smuggling organization in which Abrego is accused of participating. He has been granted deferred action on deportation in exchange for his testimony. Special Agent Joseph acknowledged on cross-examination that the first cooperator will likely be granted work release as part of the conditions of the halfway house in which he currently resides following his early release from prison.

The second cooperator is also an avowed member of the human smuggling organization and is presently in custody charged with a federal crime for which he hopes to be released in exchange for his cooperating grand jury testimony. He has also been previously deported and has requested deferred action on deportation in exchange for his cooperation. The second cooperator is a closely related family member of the first cooperator.

The first female cooperator is also closely related to the first and second male cooperators. She testified before a federal grand jury in Texas about the investigation of Abrego and has requested deferred action on deportation in exchange for her cooperation. Special Agent Joseph did not personally interview this first female cooperator.

The Court gives little weight to this hearsay testimony – double hearsay through Special Agent Joseph’s testimony – of the first male cooperator, a two-time, previously-deported felon, and acknowledged ringleader of a human smuggling operation, who has now obtained for himself an early release from federal prison and delay of a sixth deportation by providing information to the government. Nor do the hearsay statements of the second male cooperator on this issue fare any better, as his requested release from jail and delay of another deportation depends on providing information the government finds useful. Even without discounting the weight of the testimony of the first and second male cooperators for the multiple layers of hearsay, their testimony and statements defy common sense.

Both male cooperators stated that, other than three or four trips total without his children, Abrego typically took his children with him during the alleged smuggling trips from Maryland to Houston and back, some 2,900 miles round-trip, as often as three or four times per week. The sheer number of hours that would be required to maintain this schedule, which would consistently be more than 120 hours per week of driving time, approach physical impossibility. For that additional reason, the Court finds that the statements of the first and second male cooperators are not reliable to establish that this case “involves a minor victim.”

The problems with these guys’ testimony goes further still. The claims that KAG at one point transported guns goes through them — which raises the question why the repeat felon has never been charged for having them.

The first cooperator, the leader of the human smuggling operation, in a changed statement from his initial interview, stated that he was a collector and buyer and seller of guns, that he would regularly give guns to his drivers, and that he gave one or two to Abrego, who took them back to Maryland during transports.29 The second cooperator made similar statements about witnessing Abrego purchase and transport guns.

If truthful, these circumstances are concerning. However, the reliability of the evidence is questionable, which detracts from the weight it will be given. The first cooperator only provided this information in a second interview, described in Special Agent Joseph’s testimony as “different or evolved” from the first interview. Further, there is no other evidence of Abrego possessing firearms.

29 The first cooperator’s admitted prior criminal history at least suggests that he might be prohibited from possessing firearms. If so, it is unclear whether the first cooperator is receiving immunity from prosecution or some other concession for this information.

Worse still, the first guy — the repeat felon — debunked the second guy’s claim that KAG was an MS-13 member.

Contrary to the statements of the second cooperator and NV, the first male cooperator told Special Agent Joseph that, in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member. This statement specifically repudiates any outward indicia that Abrego belongs to MS-13, in stark contrast to the non-specific second cooperator’s and N.V.’s feelings that Abrego may belong to MS-13.

Your star witness, Attorney General Bondi, says the President is a liar.

In a footnote, Holmes basically says, “this is all you’ve got on this gang claim?”

25 Given the volume of resources committed to the government’s investigation of Abrego since April 2025, according to Special Agent Joseph, the Court supposes that if timely, more specific, concrete evidence exists of Abrego’s alleged MS-13 gang membership or a consistent pattern of intentional conduct designed to threaten or intimidate specific individuals, the government would have offered that evidence at the detention hearing.

Perhaps she also saw that ABC interview?

The one other witness (who has been paid for her cooperation in the past) implicating KAG with MS-13 membership, offered a vague, unsworn description from five years ago, when she was a teenager, and. her family has ties to 18 Barrio gang, the gang against which KAG was found to have credible fear of retaliation in his immigration proceedings.

Some of this evidence would get stronger at trial, where all these avowed human smugglers would have to testify under oath themselves.

But you still have the patently obvious case where Pam Bondi’s DOJ is larding on benefits for the kind of people that Stephen Miller likes to disappear to CECOT, and they’re doing so primarily so they can send KAG to CECOT instead of them.

Pam Bondi went on TV and talked about how dangerous all this is (accusing him of human trafficking, with which Hughes notes, he was not charged), implicating that KAG was grooming children but she was prosecuting and convicting them.

These facts demonstrate Abrego Garcia is a danger to our community.

[snip]

Co-conspirators allege that and we were clear to say that he is charged with, it’s not, only very serious charges of smuggling. And again, there were children involved in that. Human trafficking, not only in our country but in our world is very, very real. It’s very dangerous. And as you saw recently in Virginia, the arrest we made of the MS-13 member, unrelated to this, we learned at that press conference, that’s where they bring young children into our country and they start grooming them at middle school age to become MS-13, full-fledged members commit violent crimes throughout our country. It is highly organized, it is very dangerous, and they are living throughout our country. But no more because they are being arrested. They are being prosecuted and being convicted and deported when appropriate.

Except not her star witnesses, whose testimony conflicts, and who were the guys allegedly directing KAG to do what he did.

Pam Bondi is going to free those guys into the United States — maybe even let them stay.

Does Stephen Miller know about this? Because this is the kind of thing he accuses Democratic politicians of doing, threatening to arrest them for doing so.

The government has already appealed this decision, and everyone involved admits KAG may simply be snapped up in immigration detention if he is freed. But for now, a judge has debunked much of the inflated claims DOJ made.

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Stephen Miller’s Snowballing Deportation Deceptions

I want to tell the story that NYT reports about Trump’s deal with Nayib Bukele to send people the Administration claims to be members of Tren de Aragua (TdA) to his concentration camp, including the critical details they left out. The entire deportation regime associated with TdA is built on a series of Stephen Miller lies, and as courts move towards discovery with the goal of holding those responsible in contempt, the stakes of Miller’s lies are going up.

As NYT’s stories lay out, starting at least as early as 2023, Stephen Miller viewed the Alien Enemies Act as a way to deport people with no due process.

Mr. Miller had long been interested in the Alien Enemies Act, a law passed in 1798 that allows the U.S. government to swiftly deport citizens of an invading nation. The authority has been invoked just three times in the past, all during times of war. He saw it as a powerful weapon to apply to immigration enforcement.

The law “allows you to instantaneously remove any noncitizen foreigner from an invading country, aged 14 or older,” Mr. Miller told the right-wing podcaster Charlie Kirk in a September 2023 interview, adding: “That allows you to suspend the due process that normally applies to a removal proceeding.”

During the campaign, Trump made overblown claims about TdA and Aurora, CO central to his campaign, and in real time associated those false claims with the AEA.

Though not mentioned in NYT’s opus, NYT’s Jonathan Weisman described the source of the false claims in September 2024. The claims about Aurora had been pitched by a slum landlord from NY — a man after Trump’s own heart — trying to project blame for his own neglect in caring for his properties, which quickly turned into a propaganda spiel on Murdoch outlets.

As far back as May 2023, Aurora officials had been trying to force an out-of-state landlord to fix up three blighted apartment complexes in the downtrodden East Colfax Corridor, which connects the cities of Denver and Aurora.

In July 2024, the landlord, CBZ Management, which says it is based in Colorado and Brooklyn, offered a new argument for why it couldn’t repair the buildings: Venezuelan gangs had taken over, and the property managers had been forced to flee.

Mr. Coffman and a Republican City Council member, Danielle Jurinsky, quickly repeated CBZ’s unverified claim in interviews.

“We have areas in our city, unfortunately, that have been taken, and we have to take back,” Mr. Coffman told a local talk radio host on July 31.

On Aug, 5, a public relations agent, Sara Lattman, hired by CBZ, pitched a “tip” to the local Fox television network affiliate in Denver.

“An apartment building and its owners in Aurora, Colorado have become the most recent victims of the Venezuelan Gang Tren de Aragua’s violence, which has taken over several communities in the Denver area,” she wrote on Fox 31’s tip line, according to an email obtained by The Times. “The residents and building owners of these properties have been left in a state of fear and chaos.”

But it was a viral video that began circulating in late August that shows armed men in the hallway of one of the complexes that ultimately caught Mr. Trump’s attention. The incident was reported as a connection to gang violence, particularly the Venezuelan gang Tren de Aragua, though documentation was scarce.

On Tuesday, the Aurora Police Department announced it had arrested 10 members of Tren de Aragua on charges of ”felony menacing,” attempted first-degree murder, assault, child abuse, domestic abuse and others. But Todd Chamberlain, Aurora’s new police chief, could not say whether any of those men were among those seen in the video, or whether any in the video had actually done anything criminal.

Still, the clip, taken by a resident and played on endless loops on Fox News Channel and the website of The New York Post, metastasized into grandiose stories of whole buildings, whole sections of town and, in Mr. Trump’s telling, the whole city of Aurora being taken over by migrants carrying weapons of war.

”And getting them out will be a bloody story,” Mr. Trump said of Aurora at a rally in Mosinee, Wis., last Saturday, adding that it was “not going to be easy, but we’ll do it.”

Mr. Coffman and Ms. Jurinsky have both since backtracked.

“The overstated claims fueled by social media and through select news organizations are simply not true,” they wrote in a joint statement released Wednesday that appeared aimed at pushing back on Mr. Trump’s debate comments.

That culminated in a Trump rally on October 11. Miller served as Trump’s opening act, using posters of alleged TdA members (just like those Trump set up outside the White House the other day) to rile up the crowd.

Here’s how NYT’s Michael Gold and Jonathan Weisman described the rally, including their cautions about Trump’s reading of the AEA, something that didn’t make NYT’s opus yesterday.

Former President Donald J. Trump escalated the nativist, anti-immigration rhetoric that has animated his political career with a speech Friday in Aurora, Colo., where he repeated false and grossly exaggerated claims about undocumented immigrants that local Republican officials have refuted.

For weeks, Aurora has been fending off false rumors about the city. And its conservative Republican mayor, Mike Coffman, said in a statement on Friday that he hoped to show Mr. Trump that Aurora was “a considerably safe city.”

But Mr. Trump has made debunked claims about Aurora, a Denver suburb, such a central part of his stump speech that he took a campaign detour to Colorado, which has not voted for a Republican in a presidential election since 2004, to make the case in person at a rally at the Gaylord Rockies Resort & Convention Center.

And during a meandering 80-minute speech Mr. Trump repeated claims, which have been debunked by local officials, that Aurora had been “invaded and conquered,” described the United States as an “occupied state,” called for the death penalty “for any migrant that kills an American citizen” and revived a promise to use the Alien Enemies Act of 1798 to deport suspected members of drug cartels and criminal gangs without due process.

That law allows for the summary deportation of people from nations with which the United States is at war, that have invaded the United States or that have engaged in “predatory incursions.” It was far from clear whether the law could be used in the way that Mr. Trump was proposing.

[snip]

The city put out a statement on Friday pre-emptively fact-checking the former president ahead of his rally.

“A gang has not ‘taken over’ the city,” it said. “The overstated claims fueled by social media and through select news organizations are simply not true. It is tragic that select individuals and entities have mischaracterized our city based on some specific incidents.”

Major crimes, it continued, are down more than 17 percent in Aurora. And “the city is actively deploying every legal tool to ensure CBZ Management is accountable for its properties and meets its responsibilities.”

After the rally, Mr. Coffman, the mayor, said that he was “disappointed that the former president did not get to experience more of our city for himself” and that “the reality is that the concerns about Venezuelan gang activity in our city — and our state — have been grossly exaggerated and have unfairly hurt the city’s identity and sense of safety.”

“The city and state have not been ‘taken over’ or ‘invaded’ or ‘occupied’ by migrant gangs,” he said. “The incidents that have occurred in Aurora, a city of 400,000 people, have been limited to a handful of specific apartment complexes, and our dedicated police officers have acted on those concerns and will continue to do so.” [my emphasis]

Weisman described the opposition from local politicians that same day.

Mike Coffman, the conservative Republican mayor of Aurora, Colo., had a message for former President Donald J. Trump before the Republican nominee for the White House came on Friday to a city he has repeatedly painted as having been taken over by vicious migrant street thugs.

The visit, Mr. Coffman said in a statement to The Times, “is an opportunity to show him and the nation that Aurora is a considerably safe city — not a city overrun by Venezuelan gangs. My public offer to show him our community and meet with our police chief for a briefing still stands.”

It is not a message likely to get through.

In the closing weeks of Mr. Trump’s campaign, his efforts to demonize immigrants, whether they are from Venezuela, Haiti or elsewhere, have gotten ever more lurid — and more impervious to the facts, even those provided by Republican allies such as Mr. Coffman. Last month, the former president began portraying Aurora, a sprawling suburb of Denver, population 404,219, as “a war zone” overrun by a violent Venezuelan street gang, Tren de Aragua.

Despite the entreaties of Aurora city officials in both parties to stay away, Mr. Trump took his case to Aurora itself on Friday. He was there for an afternoon rally at the Gaylord Rockies Resort & Convention Center, a location that is decidedly not overrun by Venezuelan gangs.

He is not welcome, declared Crystal Murillo, a Democratic city councilwoman and a Mexican American.

“My message is, Trump doesn’t belong here,” she said in an interview. “His divisiveness, his rhetoric, is not what Aurora is about.”

When Tim Walz and others called out the lies Trump was telling in real time, Miller accused them then (as he is now) of defending gang members.

Even though the claims Trump made about Aurora during the campaign were built on exaggerations and lies, ICE did a high profile raid in the city early in Trump’s term, on February 6, with Fox News’ chief immigration propagandist Bill Melugin in tow.

The raid found only one TdA member.

On Thursday, shortly after the raid, the Fox News propagandist whose job it is to stoke fear about migration, Bill Melugin, first celebrated the “massive” raid, only later to reveal the raid had resulted in far fewer arrests than promised and just one arrest of a Tren de Aragua member. ICE immediately blamed its failure to detain more people on leaks.

That same day, Tom Homan announced he may have to halt the kind of embed ICE has been all too happy to give Melugin, because of leaks or operational security; he did not say that truthful reports to Fox viewers about his failures gets him in trouble with the boss. Tom Homan can’t afford to have Trump know that this massive raid found only a single Tren de Aragua member.

Kristi Noem blamed the failure to find numbers of TdA members that might substantiate Stephen Miller’s false claims about the gang on leakers. Tom Homan claimed to have identified the leakers on February 26, but they have not yet been charged.

In the wake of the raid that failed to substantiate the false claims and overblown promises he made during the election, Trump started bitching that ICE wasn’t meeting his promised deportation targets (they still aren’t, though they have shut down new migration). Tom Homan and Stephen Miller were failing to fulfill Trump’s top campaign promise, a promise built on Miller’s lies.

Agents at Immigration and Customs Enforcement are under increasing pressure to boost the number of arrests and deportations of undocumented immigrants, as President Donald Trump has expressed anger that the amount of people deported in the first weeks of his administration is not higher, according to three sources familiar with the discussions at ICE and the White House.

A source familiar with Trump’s thinking said the president is getting “angry” that more people are not being deported and that the message is being passed along to “border czar” Tom Homan, Homeland Security Secretary Kristi Noem, White House Deputy Chief of Staff Stephen Miller and acting ICE Director Caleb Vitello.

“It’s driving him nuts they’re not deporting more people,” said the person familiar with Trump’s thinking.

[snip]

Meanwhile at ICE, Vitello told agents in January to aim to meet a daily quota of 1,200-1,400 arrests. According to numbers ICE has posted on X, the highest single day total since Trump was inaugurated was just 1,100, and the number has fallen since that day. On Tuesday of this week, arrests of immigrants were over 800, according to a source familiar with the numbers. But last weekend, there were only about 300 arrests, another source told NBC News.

In order to fulfill Trump’s Inauguration Day promise of “millions and millions” of deportations, the Trump administration would have to be deporting over 2,700 immigrants every day to reach 1 million in a year.

And, as NBC News has reported, arrests do not always equal immediate detentions, much less deportations. Of the more than 8,000 immigrants arrested in the first two weeks of the Trump administration, 461 were released, according to the White House.

Later that month, on February 26 (the same day Homan claimed to have found the leakers), the Intelligence Committee did an assessment of the relationship between TdA and Nicolás Maduro’s government. Only the FBI believed there was a tie.

The intelligence community assessment concluded that the gang, Tren de Aragua, was not directed by Venezuela’s government or committing crimes in the United States on its orders, according to the officials, speaking on the condition of anonymity to discuss internal deliberations.

Analysts put that conclusion at a “moderate” confidence level, the officials said, because of a limited volume of available reporting about the gang. Most of the intelligence community, including the C.I.A. and the National Security Agency, agreed with that assessment.

Only one agency, the F.B.I., partly dissented. It maintained the gang has a connection to the administration of Venezuela’s authoritarian president, Nicolás Maduro, based on information the other agencies did not find credible.

“Multiple intelligence assessments are prepared on issues for a variety of reasons,” the White House said in a statement. “The president was well within his legal and constitutional authority to invoke the Alien Enemies Act to expel illegal foreign terrorists from our country.”

This NYT story is one of only two stories that Pam Bondi claimed to include classified information when she reversed protections on journalists (the other was this April 17 WaPo story reporting that a more formal National Intelligence Estimate also debunked the claim of ties between Maduro and TdA). Bondi wants to find the people who debunked this false claim, and she’s willing to use subpoenas to journalists or even warrants targeting them to do so.

NYT’s story yesterday described this assessment retrospectively — as something that led bureaucrats at State to grow concerned about their reliance on it.

During an internal State Department briefing about issues related to Latin America, some employees were dismayed to hear that weeks earlier, American spy agencies had assessed that Tren de Aragua was not actually controlled by the Venezuelan government — which was the premise for invoking the Alien Enemies Act.

What NYT couldn’t fit into a 4,000-word article is that this assessment preceded Trump’s AEA declaration — in which the asserted tie between TdA and Maduro was legally central — by more than two weeks.

Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States. TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking. TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime’s goal of destabilizing democratic nations in the Americas, including the United States.

TdA is closely aligned with, and indeed has infiltrated, the Maduro regime, including its military and law enforcement apparatus. TdA grew significantly while Tareck El Aissami served as governor of Aragua between 2012 and 2017. In 2017, El Aissami was appointed as Vice President of Venezuela. Soon thereafter, the United States Department of the Treasury designated El Aissami as a Specially Designated Narcotics Trafficker under the Foreign Narcotics Kingpin Designation Act, 21 U.S.C. 1901 et seq. El Aissami is currently a United States fugitive facing charges arising from his violations of United States sanctions triggered by his Department of the Treasury designation.

Like El Aissami, Nicolas Maduro, who claims to act as Venezuela’s President and asserts control over the security forces and other authorities in Venezuela, also maintains close ties to regime-sponsored narco-terrorists. Maduro leads the regime-sponsored enterprise Cártel de los Soles, which coordinates with and relies on TdA and other organizations to carry out its objective of using illegal narcotics as a weapon to “flood” the United States. In 2020, Maduro and other regime members were charged with narcoterrorism and other crimes in connection with this plot against America.

Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA. The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger to the United States. Indeed, in December 2024, INTERPOL Washington confirmed: “Tren de Aragua has emerged as a significant threat to the United States as it infiltrates migration flows from Venezuela.” Evidence irrefutably demonstrates that TdA has invaded the United States and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against our citizens. [my emphasis]

That is, Trump knew or should have known, when he made this invocation, it was based on claims his own IC would not substantiate. Only the agency run by Kash Patel would back that claim.

Trump made this invocation, per the NYT story, the same day that Trump finalized a deal with Nayib Bukele (NYT describes elsewhere the MS-13 members to whom Bukele did have a tie, that seem to have been included in the deal, but not here), and previewed its use in a presser at DOJ watched over by Stephen Miller.

On March 14, the Trump administration exchanged diplomatic notes with El Salvador laying out the terms: Mr. Bukele’s government would receive up to 300 members of Tren de Aragua in exchange for financial support from the United States.

That same day, Mr. Trump hinted at the forthcoming deportations during a speech at the Justice Department. Sitting in the front of the audience was Mr. Miller, who had moments earlier conferred with Todd Blanche, the deputy attorney general, about the pending deportations.

“We’ve caught hundreds of them, the Venezuelan gang, which is as bad as it gets,” Mr. Trump told a crowd of loyalists. “And you’ll be reading a lot of stories tomorrow about what we’ve done with them and you’ll be very impressed.”

That’s what triggered a hasty effort to put bodies on planes, a process riddled with error.

That presser is also what led ACLU to try to preempt precisely this AEA invocation, to successfully obtain an order enjoining deportations relying on Trump’s TdA AEA declaration, even as planes were departing enjoining such flights.

The President has invoked—or will imminently invoke—a war power, the Alien Enemies Act of 1798 (“AEA”), in an attempt to summarily remove noncitizens from the United States and bypass the immigration laws Congress has enacted. 1 In either circumstance, a Temporary Restraining Order is needed because there may not be sufficient time for this Court to intervene between the time when the Act is invoked and when the planes removing Plaintiffs-Petitioners depart the United States. 2

But the United States is not at war, and the prerequisites for invocation of the AEA have not been met. See 50 U.S.C. § 21. The President can invoke the AEA only in a state of “declared war,” or when an “invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.” Id. Not surprisingly, therefore, the Act has been invoked only three times in our country’s history, all in declared wars: The War of 1812, World War I, and World War II.

The President’s imminent Proclamation targets Venezuelan noncitizens whom the government accuses of being part of Tren de Aragua, a criminal gang. But the President’s Proclamation is invalid under the AEA for two plain reasons. First, Tren de Aragua is not a “foreign nation or government.” Second, Tren de Aragua is not engaged in an “invasion” or “predatory incursions” within the meaning of the AEA, because criminal activity does not meet the longstanding definitions of those statutory requirements—and has never been a sufficient basis for the executive to cast foreign nationals as “alien enemies” subject to arrest, internment, and removal. As a result, the President’s attempt to summarily remove Venezuelan noncitizens exceeds the wartime authority that Congress delegated in the AEA, violates the process and protections that Congress has prescribed elsewhere in the country’s immigration laws for the removal of noncitizens, and violates due process.

Based on reports from Plaintiffs and legal service providers, the government has begun moving Venezuelan men who the government claims are part of Tren de Aragua to facilities in Texas.

1 See Remarks of President Trump, March 14, 2025 (addressing the Department of Justice) (“You will read in the papers tomorrow the bad thing we will do to Tren de Aragua.”).

2 See also Priscilla Alvarez, et al., Trump expected to invoke wartime authority to speed up mass deportation effort in coming days, CNN (Mar. 14, 2025), https://www.cnn.com/2025/03/13/politics/alien-enemies-act-deportationconsideration/index.html (“The Trump administration is expected to invoke [the AEA] to speed up the president’s mass deportation pledge in the coming days, according to four sources familiar with the discussions. . . . The primary target remains Tren de Aragua[.]”).

As described in this NYT story (and earlier ones), unnamed senior officials in the White House discussed whether to obey this order or not.

Inside the White House, senior administration officials quickly discussed the order and whether they should move ahead. The team of Trump advisers decided to go forward, believing the planes were safely in international airspace, and well aware that the legal fight was most likely destined for the Supreme Court, where conservatives have a majority.

At 7:36 p.m., the third flight took off. Officials would later say the migrants on that flight were not deported under the Alien Enemies Act, but through regular immigration proceedings.

The White House’s decision to press forward, despite Judge Boasberg’s order, raised questions about whether the administration was defying the court. The Justice Department has argued that a federal judge cannot dictate foreign policy.

No one is saying it, but there are a lot of breadcrumbs in this article and others that Miller was one of those SAOs who instructed that the flights should go even in spite of Judge Boasberg’s order. One big breadcrumb is that, as the story describes, even before inauguration, Miller told others not to worry about legal challenges to the means via which Trump planned to deport migrants, challenges like the one before Boasberg that, in real time, these SAOs assumed SCOTUS would make go away.

Stephen Miller, the main architect of Mr. Trump’s domestic agenda, had a message for other advisers inside the presidential transition offices in West Palm Beach, Fla.: Be bold. Do not worry about potential litigation, especially when drafting Mr. Trump’s immigration actions.

It was roughly a month before the inauguration, and Mr. Miller knew he needed to move fast to make good on Mr. Trump’s campaign pledge of mass deportations.

The Administration has invented flimsy excuses for why the planes flew in spite of Boasberg’s order, precisely the claimed belief that NYT accepts unquestionably, that the planes were in international airspace (NYT are more skeptical, as am I, that the third included only men against whom DHS had already obtained deportation orders). In finding probable cause that, “the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Judge Boasberg was far less impressed with these excuses than the NYT.

As this was blowing up in the wake of Boasberg’s order, per the stories, Bukele asked for cover for the people delivered to his custody, for proof they were who Trump had said they were.

[W]eeks earlier, when the three planes of deportees landed, it was the Salvadoran president who had quietly expressed concerns.

As part of the agreement with the Trump administration, Mr. Bukele had agreed to house only what he called “convicted criminals” in the prison. However, many of the Venezuelan men labeled gang members and terrorists by the U.S. government had not been tried in court.

Mr. Bukele wanted assurances from the United States that each of those locked up in the prison was members of Tren de Aragua, the transnational gang with roots in Venezuela, according to people familiar with the situation and documents obtained by The New York Times.

The matter was urgent, a senior U.S. official warned his colleagues shortly after the deportations, kicking off a scramble to get the Salvadorans whatever evidence they could.

Mr. Bukele’s demands for more information about some of the deportees, which has not been previously reported, deepen questions about whether the Trump administration sufficiently assessed who it dispatched to a foreign prison. [my emphasis]

Something has been misunderstood about this passage, which describes Bukele’s concerns as retrospective (though he did reject Venezuelan women — which NYT notes — and one Nicaraguan — which it does not, and which debunks their claim that Bukele was willing to accept detainees of any nationality — in real time). Bukele asked for proof these people were criminals as this was all blowing up. By deciding to send the planes in defiance of Judge Boasberg’s order, Trump created problems for Bukele, problems that their utter failure to vet any of these people — their decision to let flimsy lies stand in for evidence — exacerbated.

Within a week, Trump was disavowing having signed the AEA proclamation relying on claims that his Intelligence Community had debunked weeks earlier.

President Donald Trump on Friday downplayed his involvement in invoking the Alien Enemies Act of 1798 to deport Venezuelan migrants, saying for the first time that he hadn’t signed the proclamation, even as he stood by his administration’s move.

“I don’t know when it was signed, because I didn’t sign it,” Trump told reporters before leaving the White House on Friday evening.

The president made his comments when asked to respond to Judge James Boasberg’s concerns in court on Friday that the proclamation was “signed in the dark” of night and that migrants were hurried onto planes.

“We want to get criminals out of our country, number one, and I don’t know when it was signed, because I didn’t sign it,” Trump said. “Other people handled it, but (Secretary of State) Marco Rubio has done a great job and he wanted them out and we go along with that. We want to get criminals out of our country.”

But when the conservative majority he banked on ruling for him twice did not, first ruling that detainees had to have an opportunity to challenge their deportation under habeas corpus, and then ruling that Trump had to “facilitate” Kilmar Abrego Garcia’s return, Miller blatantly lied at the Bukele Oval Office presser about what SCOTUS said, followed by a colloquy in which Trump got him to repeat his bullshit claims.

[T]here’s an illegal alien from El Salvador. So with respect to you, he’s a citizen of El Salvador. So it’s very arrogant, even for American media to suggest that we would even tell El Salvador how to handle their own citizens as a starting point, as two immigration courts found that he was a member of MS-13. When President Trump declared MS-13 to be a foreign terrorist organization, that meant that he was no longer eligible under federal law, which I’m sure you know, you’re very familiar with the INA, that he was no longer eligible for any form of immigration relief in the United States.

So he had a deportation order that was valid. Which meant that under our law, he’s not even allowed to be present in the United States and had to be returned because of the foreign terrorist designation. This issue was then, by a district court judge, completely inverted, and a district court judge tried to tell the administration that they had to kidnap a citizen of El Salvador and flying back here. That issue was raised with the Supreme Court.

And the Supreme Court said the District court order was unlawful and its main components were reversed 9-0 unanimously stating clearly that neither Secretary of State nor the President could be compelled by anybody to forcibly retrieve a citizen of El Salvador from El Salvador, who again is a member of MS-13. Which is, I’m sure you understand, rapes little girls, murders women, murders children, is engaged in the most barbaric activities in the world. And I can promise you, if he was your neighbor, you would move right away.

REPORTERS: So you don’t plan to ask for-

But the Supreme Court is asking to-

Donald Trump: And what was the ruling in the Supreme Court, Steve? Was it nine to nothing?

Steve Miller: Yes. It was a 9- 0-

Donald Trump: In our favor?

Steve Miller: In our favor against the District Court. Ruling saying that no district court has the power to compel the foreign policy function of the United States. As Pam said, the ruling solely stated that if this individual, at El Salvador’s sole discretion, was sent back to our country, that we could deport him a second time.

No version of this legally ends up with him ever living here because he’s a citizen of El Salvador. That is the president of El Salvador. Your questions about it per the court can only be directed to him.

It’s not just that Trump had Miller perform this for the press and Bukele. He also performed himself taking Miller’s false claims about what SCOTUS said as word, even as he continues to insist unnamed lawyers provide him legal advice that informs his own actions. This was Trump laying out his own plausible deniability in real time. It’s not his fault he continued to defy SCOTUS. He’s just getting demonstrably erroneous advice, from the guy who orchestrated this entire ploy years in advance, orchestrated the propaganda to justify the focus on TdA, and seemingly orchestrated the problematic AEA invocation as well.

It’s not Donald Trump’s fault.

It’s Miller’s, the gatekeeper who prevents any contrary information to make it to Trump.

And that’s the background to the second story describing how, in a week during which DOJ bought time, someone performed asking Bukele to send Abrego Garcia back and Bukele performed refusing to do so.

The Trump administration recently sent a diplomatic note to officials in El Salvador to inquire about releasing a Salvadoran immigrant whom government officials have been ordered by the Supreme Court to help free, according to three people with knowledge of the matter.

But the authoritarian government of Nayib Bukele, the leader of El Salvador, said no, two of the people said. The Bukele administration claimed the man should stay in El Salvador because he was a Salvadoran citizen, according to one of those people.

It remained unclear whether the diplomatic effort was a genuine bid by the White House to address the plight of the immigrant, Kilmar Armando Abrego Garcia, whom administration officials have repeatedly acknowledged was improperly expelled to El Salvador last month in violation of a court order expressly prohibiting him from being sent there.

NYT describes that their scoop came after Trump blew all this up in his ABC interview.

The revelation came just hours after the president, reversing course on his administration’s previous statements, said in an interview with ABC News that he had the ability to bring Mr. Abrego Garcia back. The president added that he did not believe Mr. Abrego Garcia was a good person and that his administration’s lawyers would decide. The Justice Department is also facing a court-ordered deadline of early next week to provide information about what it has done to seek his freedom.

This was certainly published after Trump’s comments. Is NYT really saying that this entire story came together in the wake of ABC’s interview (or airing thereof)?

Whatever the case, these details — and Judge Paula Xinis’ renewed discovery order — explain the stakes of the twin exchanges between Trump and Terry Moran the other day.

When Trump demanded Moran adopt his false claims about Abrego Garcia’s knuckles, he did so because Stephen Miller has left him politically exposed (though not legally, thanks to SCOTUS’ immunity order last year, which may explain why Trump is so openly defiant). Trump has to affirm Miller’s lies and his belief in them, just as he tripled down on his election lies as it became a criminal problem, because otherwise he has the kind of guilty consciousness and foreknowledge that could become a problem down the road.

PRESIDENT DONALD TRUMP: Wait a minute.

TERRY MORAN: I want —

PRESIDENT DONALD TRUMP: Hey, Terry. Terry. Terry.

TERRY MORAN: He — he did not have the letter —

PRESIDENT DONALD TRUMP: Don’t do that — M-S-1-3 — It says M-S-one-three.

TERRY MORAN: I — that was Photoshop. So let me just–

PRESIDENT DONALD TRUMP: That was Photoshop? Terry, you can’t do that — he had —

— he– hey, they’re givin’ you the big break of a lifetime. You know, you’re doin’ the interview. I picked you because — frankly I never heard of you, but that’s okay —

TERRY MORAN: This — I knew this would come —

PRESIDENT DONALD TRUMP: But I picked you — Terry — but you’re not being very nice. He had MS-13 tattooed —

TERRY MORAN: Alright. Alright. We’ll agree to disagree. I want to move on —

PRESIDENT DONALD TRUMP: Terry.

TERRY MORAN: — to something else.

PRESIDENT DONALD TRUMP: Terry. Do you want me to show the picture?

TERRY MORAN: I saw the picture. We’ll — we’ll — we’ll agree to disagree —

PRESIDENT DONALD TRUMP: Oh, and you think it was Photoshop. Well —

TERRY MORAN: Here we go. Here we go.

PRESIDENT DONALD TRUMP: — don’t Photoshop it. Go look —

TERRY MORAN: Alright.

PRESIDENT DONALD TRUMP: — at his hand. He had MS-13 —

TERRY MORAN: Fair enough, he did have tattoos that can be interpreted that way. I’m not an expert on them.

I want to turn to Ukraine, sir —

PRESIDENT DONALD TRUMP: No, no. Terry —

TERRY MORAN: I– I want to get to Ukraine–

PRESIDENT DONALD TRUMP: Terry, no, no. No, no. He had MS as clear as you can be. Not “interpreted.” This is why people —

And when Trump grew hostile after Moran cornered him into admitting that, yes, he had the power to get Abrego Garcia returned, Trump needed to reinforce the plausible deniability he started building as soon as this thing started going to shit.

TERRY MORAN: I’m not saying he’s a good guy. It’s about the rule of law. The order from the Supreme Court stands, sir —

PRESIDENT DONALD TRUMP: He came into our country illegally.

TERRY MORAN: You could get him back. There’s a phone on this desk.

PRESIDENT DONALD TRUMP: I could.

TERRY MORAN: You could pick it up, and with all —

PRESIDENT DONALD TRUMP: I could

TERRY MORAN: — the power of the presidency, you could call up the president of El Salvador and say, “Send him back,” right now.

PRESIDENT DONALD TRUMP: And if he were the gentleman that you say he is, I would do that.

TERRY MORAN: But the court has ordered you —

PRESIDENT DONALD TRUMP: But he’s not.

TERRY MORAN: — to facilitate that — his release–

PRESIDENT DONALD TRUMP: I’m not the one making this decision. We have lawyers that don’t want —

TERRY MORAN: You’re the president.

PRESIDENT DONALD TRUMP: — to do this, Terry —

TERRY MORAN: Yeah, but the — but the buck stops in this office —

PRESIDENT DONALD TRUMP: I — no, no, no, no. I follow the law. You want me to follow the law. If I were the president that just wanted to do anything, I’d probably keep him right where he is —

TERRY MORAN: The Supreme Court says what the law is. [my emphasis]

Sure, the buck stops here. Trump is all powerful. But he — the President — is not making the decisions, did not make the AEA invocation based on lies. “The lawyers” did that. And they don’t want him to pick up that phone and facilitate Abrego Garcia’s return.

There’s no sign that Trump and Stephen Miller plan to give up this campaign, even as conservative Catholic SCOTUS justices break their Easter weekend observances to prevent Trump from pulling this trick a second time, a third adverse ruling. Instead, Stephen Miller will instead target the judges who tell him he (who is not a lawyer) has gotten the law wrong, over and over.

And that will force Trump to continue to insist that journalists affirm whatever Stephen Miller tells him is true.

Update: Trump appointed Judge Fernando Rodriguez, Jr. just ruled that Trump’s invocation of the AEA is unlawful and will move to relieve three plaintiffs held under it.

Those factual statements depict conduct by TdA that unambiguously is harmful to society in this country. And as previously explained, the political question doctrine prohibits the Court from weighing the truth of those factual statements, including whether Maduro directs TdA’s actions or the extent of the referenced criminal activity.

Instead, the Court determines whether the factual statements in the Proclamation, taken as true, describe an “invasion” or “predatory incursion” for purposes of the AEA. Based on the plain, ordinary meaning of those terms in the late 1790’s, the Court concludes that the factual statements do not. The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of “invasion” for purposes of the AEA. As for “predatory incursion,” the Proclamation does not describe an armed group of individuals entering the United States as an organized unit to attack a city, coastal town, or other defined geographical area, with the purpose of plundering or destroying property and lives. While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a “predatory incursion” as that concept was understood at the time of the AEA’s enactment.11

For these reasons, the Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country.

Just before he did that, he certified class status to similarly situated people in SDTX.

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How Trump Knuckles Journalists to Parrot His Doctrine

You’ve likely seen some clips from Terry Moran’s rather supine interview of Donald Trump.

Moran let Trump get away with a whole range of false claims uncontested. But they got into it over Trump’s efforts to portray Kilmar Abrego Garcia as a bad man.

The clips don’t do the exchange justice.

Trump and Moran went back and forth around 28 times, and then Trump returned to it for another six exchanges (I’ve included two excerpts of the fight over knuckles below).

I actually don’t think this exchange reflects dementia It certainly reflects Trump’s ego. It’s an instance where Moran, as credulous as he otherwise was, refused accept Trump’s chant, 2+2=5.

Close to the beginning of the exchange, Trump held up everything — wait a minute! — when Moran refused to accept Trump’s claim that the tattoos on Abrego Garcia’s hands were proof of his MS-13 membership.

PRESIDENT DONALD TRUMP: On his knuckles — he had MS-13 —

TERRY MORAN: Alright. There’s dis — there’s a dispute over that —

PRESIDENT DONALD TRUMP: Well, wait a minute. Wait a minute. He had MS-13 —

TERRY MORAN: Well —

PRESIDENT DONALD TRUMP: — on his knuckles tattooed.

TERRY MORAN: — he — he — he — it didn’t say– oh, he had some tattoos that are inper — interpreted that way. But let’s move on

After Moran insisted on something obvious: that the photo of Abrego Garcia’s knuckles was clearly labeled both with interpretations of his tattoos and from that an annotation turning it into MS-13, Trump told Moran he could not state that because Trump gave him the break of a lifetime: “Terry, you can’t do that — he had — — he– hey, they’re givin’ you the big break of a lifetime.” That is, Moran could not state the truth because Trump had granted him this access. Moran tried to move on. Trump claimed this was not an interpretation. Moran tried to move on. Finally, Moran made a half concession.

PRESIDENT DONALD TRUMP: He’s got MS-13 on his knuckles.

TERRY MORAN: Alright. I —

PRESIDENT DONALD TRUMP: Okay?

TERRY MORAN: — we’ll — we’ll take a look at it —

But that was not good enough for Trump. Trump asked Moran, “Why don’t you just say, ‘Yes, he does,’ and, you know, go on to something else –”

Minutes later, after Moran tried to move onto the Ukraine question he had been trying to get out, Trump took a question about Putin and turned it back to Moran himself.

TERRY MORAN: Do you trust [Putin]?

PRESIDENT DONALD TRUMP: I don’t trust you. I don’t trust — I don’t trust a lot of people. I don’t trust you. Look at you. You come in all shootin’ for bear. You’re so happy to do the interview.

TERRY MORAN: I am happy —

PRESIDENT DONALD TRUMP: And then you start hitting me with fake questions. You start tellin’ me that a guy — whose hand is covered with a tattoo —

TERRY MORAN: Alright. We’re back to that.

PRESIDENT DONALD TRUMP: — doesn’t have the tattoo, you know.

He repeated his claim that Moran is excited to have access, but then accused him of asking “fake questions,” all because he refused to say 2+2-5. That’s when Trump labeled Moran dishonest.

This is not dementia.

This is power.

This is precisely the purpose Trump reserves for mainstream journalists: As props in his performance of forced adherence to his reality.

And it works.

After all, Moran was willing to accept as given the last 8 years of forced doctrine, about Ukraine, about Joe Biden, about Trump’s grievances. Moran has already internalized lies Trump has told for years, and wildly grotesque claims about rule of law went uncontested, unnoticed.

Moran could have stood up and walked away when Trump insisted that he repeat, 2+2=5, but instead Moran tried to make a series of half-concessions so he could move on. But even then, Trump still used it as a means to suggest he — Moran — was less trustworthy than Vladimir Putin.

It’s with that background that I want to return to the other noteworthy part of this, where Moran tried to get Trump to concede that SCOTUS had ordered Trump to facilitate Abrego Garcia’s return (NYT has a report that in the last week that discovery in Abrego Garcia’s case had been paused, the US requested and Nayib Bukele refused to return him, as well as an even more credulous report on how Stephen Miller dreamt up this entire plan over a year in advance, both of which I’ll return to).

When Terry Moran noted that Trump had the power to get Kilmar Abrego Garcia released, goading him to assert his own power, Trump complied (this was, in my opinion, the smartest thing Moran did in the interview, and it could backfire on Trump in the legal case).

TERRY MORAN: I’m not saying he’s a good guy. It’s about the rule of law. The order from the Supreme Court stands, sir —

PRESIDENT DONALD TRUMP: He came into our country illegally.

TERRY MORAN: You could get him back. There’s a phone on this desk.

PRESIDENT DONALD TRUMP: I could.

TERRY MORAN: You could pick it up, and with all —

PRESIDENT DONALD TRUMP: I could

TERRY MORAN: — the power of the presidency, you could call up the president of El Salvador and say, “Send him back,” right now.

But then Trump shifted to the slander against Abrego Garcia — to the Administration’s decision, reported by The Atlantic earlier this week, plan to impugn him rather than remedy their mistake.

PRESIDENT DONALD TRUMP: And if he were the gentleman that you say he is, I would do that.

TERRY MORAN: But the court has ordered you —

PRESIDENT DONALD TRUMP: But he’s not.

Here, several belief systems came into conflict.

At once, Moran was saying that Trump should return Abrego Garcia for two reasons, because the Supreme Court ordered he do so and because as President he absolutely has power to do so. In response, Trump disclaimed authority for making the decision. “We have lawyers,” the most powerful man in the world who appointed his defense attorneys to run DOJ said. And from there, Trump said he’s just following the law by doing whatever “the lawyers” tell him to do, not by doing what SCOTUS tells him to do.

TERRY MORAN: — to facilitate that — his release–

PRESIDENT DONALD TRUMP: I’m not the one making this decision. We have lawyers that don’t want —

TERRY MORAN: You’re the president.

PRESIDENT DONALD TRUMP: — to do this, Terry —

TERRY MORAN: Yeah, but the — but the buck stops in this office —

PRESIDENT DONALD TRUMP: I — no, no, no, no. I follow the law. You want me to follow the law. If I were the president that just wanted to do anything, I’d probably keep him right where he is —

TERRY MORAN: The Supreme Court says what the law is.

There have long been increasing signs — the Signal chat is a great one, and this exchange from Time Magazine’s own 100 day interview is another — that Trump’s not-a-lawyer Stephen Miller is both making these stupid decisions and serving as a gatekeeper to Trump.

When you and I spoke last April. Are you still committed to complying with all Supreme Court orders?

Sure, I believe in the court system.

The Supreme Court ruled 9-0 that you have to bring back Kilmar Abrego Garcia. You haven’t done so. Aren’t you disobeying the Supreme Court?

Well, that’s not what my people told me—they didn’t say it was, they said it was—the nine to nothing was something entirely different.

Let me quote from the ruling. “The order properly requires the government to facilitate Abrego Garcia’s release from custody in El Salvador.” Are you facilitating a release?

I leave that to my lawyers. I give them no instructions. They feel that the order said something very much different from what you’re saying. But I leave that to my lawyers. If they want—and that would be the Attorney General of the United States and the people that represent the country. I don’t make that decision.

Have you asked President Bukele to return him?

I haven’t, uh, he said he wouldn’t.

Did you ask him?

But I haven’t asked him positively, but he said he wouldn’t.

But if you haven’t asked him, then how are you facilitating his release?

Well, because I haven’t been asked to ask him by my attorneys. Nobody asked me to ask him that question, except you.

Remember, too, that Trump claimed that he didn’t sign the Alien Enemies Act proclamation that, NYT describes, Stephen Miller has been concocting for over a year.

President Donald Trump on Friday downplayed his involvement in invoking the Alien Enemies Act of 1798 to deport Venezuelan migrants, saying for the first time that he hadn’t signed the proclamation, even as he stood by his administration’s move.

“I don’t know when it was signed, because I didn’t sign it,” Trump told reporters before leaving the White House on Friday evening.

The president made his comments when asked to respond to Judge James Boasberg’s concerns in court on Friday that the proclamation was “signed in the dark” of night and that migrants were hurried onto planes.

“We want to get criminals out of our country, number one, and I don’t know when it was signed, because I didn’t sign it,” Trump said. “Other people handled it, but (Secretary of State) Marco Rubio has done a great job and he wanted them out and we go along with that. We want to get criminals out of our country.”

Two things are going on here, neither of them dementia.

First, Trump is either being compartmented from the most problematic decisions behind his detention program, or claiming to be. I would be unsurprised if the lawyers have compartmented him, but his public claim to CNN should be basis to claim the entire AEA declaration is invalid.

Second, Trump is enforcing a system of belief — inviting journalists in and grinding them down until they they publicly adopt Trump’s false claims — that justifies (in his mind) his detention program. It doesn’t much matter whether Trump really believes Abrego Garcia’s knuckles really say MS-13 based on false briefing from Stephen Miller or whether he’s just parroting the lines Stephen Miller told him to say because he hasn’t tested what Miller told him.

He did the same thing when he stated, “In Springfield, they’re eating the dogs, the people that came in. They’re eating the cats,” and got elected anyway. He did the same thing when he adopted Miller’s false claim that Aurora had been taken over by Tren de Aragua, the fiction that Miller was crafting last fall to set up his use of AEA, the fiction that has been debunked by the Intelligence Committee.

It’s far too late to waste time on whether Trump believes the torrent of lies he tells, to ponder whether this latest lie is a sign of dementia when his false claims about winning an election were instead calculation. Trump’s utterances are always utilitarian anyway. Always.

Trump’s fundamental unfitness lies in his need to and success at creating his own reality. Is Stephen Miller managing that unfitness to his own ends? Undoubtedly. But Trump’s unfitness remains — the reason Miller has exploited his genius for propaganda.

Stand up, call him out for doing it, and walk away. Do not be the prop in this display of dominance.

No matter what you think the mental acuity of Donald Trump and his chief advisor is, the ABC interview yesterday displayed both roots of Trump’s power, his success at bullying others into parroting his doctrine, and his use of that to claim those falsehoods legitimize something wildly divorced from American justice and rule of law.


PRESIDENT DONALD TRUMP: And you’ll pick out one man, but even the man that you picked out —

TERRY MORAN: He’s got —

PRESIDENT DONALD TRUMP: — he said he’d — wasn’t a member of a gang. And then they looked, and —

TERRY MORAN: Alright.

PRESIDENT DONALD TRUMP: On his knuckles — he had MS-13 —

TERRY MORAN: Alright. There’s dis — there’s a dispute over that —

PRESIDENT DONALD TRUMP: Well, wait a minute. Wait a minute. He had MS-13 —

TERRY MORAN: Well —

PRESIDENT DONALD TRUMP: — on his knuckles tattooed.

TERRY MORAN: — he — he — he — it didn’t say– oh, he had some tattoos that are inper — interpreted that way. But let’s move on

PRESIDENT DONALD TRUMP: Wait a minute.

TERRY MORAN: I want —

PRESIDENT DONALD TRUMP: Hey, Terry. Terry. Terry.

TERRY MORAN: He — he did not have the letter —

PRESIDENT DONALD TRUMP: Don’t do that — M-S-1-3 — It says M-S-one-three.

TERRY MORAN: I — that was Photoshop. So let me just–

PRESIDENT DONALD TRUMP: That was Photoshop? Terry, you can’t do that — he had —

— he– hey, they’re givin’ you the big break of a lifetime. You know, you’re doin’ the interview. I picked you because — frankly I never heard of you, but that’s okay —

TERRY MORAN: This — I knew this would come —

PRESIDENT DONALD TRUMP: But I picked you — Terry — but you’re not being very nice. He had MS-13 tattooed —

TERRY MORAN: Alright. Alright. We’ll agree to disagree. I want to move on —

PRESIDENT DONALD TRUMP: Terry.

TERRY MORAN: — to something else.

PRESIDENT DONALD TRUMP: Terry. Do you want me to show the picture?

TERRY MORAN: I saw the picture. We’ll — we’ll — we’ll agree to disagree —

PRESIDENT DONALD TRUMP: Oh, and you think it was Photoshop. Well —

TERRY MORAN: Here we go. Here we go.

PRESIDENT DONALD TRUMP: — don’t Photoshop it. Go look —

TERRY MORAN: Alright.

PRESIDENT DONALD TRUMP: — at his hand. He had MS-13 —

TERRY MORAN: Fair enough, he did have tattoos that can be interpreted that way. I’m not an expert on them.

I want to turn to Ukraine, sir —

PRESIDENT DONALD TRUMP: No, no. Terry —

TERRY MORAN: I– I want to get to Ukraine–

PRESIDENT DONALD TRUMP: Terry, no, no. No, no. He had MS as clear as you can be. Not “interpreted.” This is why people —

TERRY MORAN: Alright.

PRESIDENT DONALD TRUMP: — no longer believe —

TERRY MORAN: Well.

PRESIDENT DONALD TRUMP: — the news, because it’s fake news —

TERRY MORAN: When he was photographed in El Sal — in– in El Salvador, they aren’t there. But let’s just go on —

PRESIDENT DONALD TRUMP: He is —

TERRY MORAN: They aren’t there when he’s in El Salvador.

PRESIDENT DONALD TRUMP: –there — oh, oh, they weren’t there —

TERRY MORAN: Take a look at the photograph —

PRESIDENT DONALD TRUMP: But they’re there now, right?

TERRY MORAN: No. What —

PRESIDENT DONALD TRUMP: But they’re there now?

TERRY MORAN: They’re in your picture.

PRESIDENT DONALD TRUMP: Terry.

TERRY MORAN: Ukraine, sir.

PRESIDENT DONALD TRUMP: He’s got MS-13 on his knuckles.

TERRY MORAN: Alright. I —

PRESIDENT DONALD TRUMP: Okay?

TERRY MORAN: — we’ll — we’ll take a look at it —

PRESIDENT DONALD TRUMP: It’s — it’s — you do such a disservice —

TERRY MORAN: We’ll take a look. We’ll take a look at that, sir —

PRESIDENT DONALD TRUMP: Why don’t you just say, “Yes, he does,” and, you know, go on to something else —

He then returned to it for another four exchanges when discomforted by Moran’s questions about trusting Putin

TERRY MORAN: You think he wants peace?

PRESIDENT DONALD TRUMP: — this is —

TERRY MORAN: You think Vladimir Putin wants peace?

PRESIDENT DONALD TRUMP: I think he does, yes. I think he does–

TERRY MORAN: Still?

PRESIDENT DONALD TRUMP: I think because of me —

TERRY MORAN: Even with the raining missiles on —

PRESIDENT DONALD TRUMP: I think he really — his — his — his dream was to take over the whole country. I think because of me, he’s not gonna do that.

TERRY MORAN: Do you trust him?

PRESIDENT DONALD TRUMP: I think —

TERRY MORAN: Do you trust him?

PRESIDENT DONALD TRUMP: I don’t trust you. I don’t trust — I don’t trust a lot of people. I don’t trust you. Look at you. You come in all shootin’ for bear. You’re so happy to do the interview.

TERRY MORAN: I am happy —

PRESIDENT DONALD TRUMP: And then you start hitting me with fake questions. You start tellin’ me that a guy — whose hand is covered with a tattoo —

TERRY MORAN: Alright. We’re back to that.

PRESIDENT DONALD TRUMP: — doesn’t have the tattoo, you know.

TERRY MORAN: Alright.

PRESIDENT DONALD TRUMP: I mean, you’re being dishonest.

TERRY MORAN: No, I’m not —

PRESIDENT DONALD TRUMP: Let — let– let me just tell you —

TERRY MORAN: No, I am not, sir.

PRESIDENT DONALD TRUMP: Do I trust — I don’t trust a lot of people. But I do think this. I think that he — let’s say he respects me. And I believe because of me he’s not gonna take over the whole — but his decision, his choice would be to take over all of Ukraine.

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Trump’s Individual Claims about Immigrant Targets Are False–But So Is the Larger Premise

There are a slew of legal challenges to Trump’s war on immigrants: there are people illegally sent to Nayib Bukele’s concentration camp, most notably Kilmar Abrego Garcia (whom Chris Van Hollen managed to meet yesterday); people sent to CECOT with no due process (including people with pending asylum claims and others picked up by mistake); grad students targeted for free speech; grad students targeted for low-level run-ins with the law; a US-born citizen, Juan Carlos Lopez-Gomez, detained for unlawful entry but since released; and at least three US citizens informed they must self-deport within seven days because their parole had been withdrawn.

Henrry Josue Villatoro Santos is a fairly unique case. He was arrested to great fanfare in March, with Pam Bondi boasting over and over she had caught one of the top leaders of MS-13.

He was arrested not — as Bondi suggested — based off probable cause he was the top leader of MS-13. Rather, he was arrested based on an outstanding administrative immigration warrant and weapons purportedly found in a plain view search of his house, for which he was charged with possession of a firearm by an alien.

9. After knocking and announcing their presence to no avail, members of the FBI’s Special Weapons and Tactics (“SWAT”) Team breached the front and rear doors of the residence. After breaching the front door, SWAT agents observed VILLATORO in an alcove leading to the residence’s garage. VILLATORO ducked behind a small wall out of view and did not comply with the agents’ demands that he exit the residence. After agents deployed a stun grenade, VILLATORO eventually came close enough to the front door to be pulled out of the residence.

10. VILLATORO was taken into custody on an outstanding administrative immigration warrant. When VILLATORO was being prepared for transport from the residence, he confirmed that the bedroom in the garage was his room and that a jacket inside that room was his.

11. FBI agents and TFOs proceeded to search the residence. Inside the aforementioned garage bedroom, a Taurus, model G2C, 9-millimeter handgun bearing serial no. ACH119455 was observed in plain view on a shelf near the bed. Based on my training and experience, I am aware that Taurus firearms are not manufactured in the Commonwealth of Virginia. Furthermore, the words “TAURUS ARMAS MADE IN BRAZIL” are stamped into the handgun’s slide next to the serial number.

12. In that same garage bedroom, agents located three additional firearms, ammunition, and two suppressors.

Less than two weeks later, DOJ moved to dismiss the case against Villatoro. They moved to get rid of the case, their claims, and Villatoro himself the easy way, by quick and due process-free deportation.

On Tuesday, magistrate judge William Fitzpatrick granted DOJ’s request (without requiring DOJ to offer the reason to dismiss), but granted a continuance to provide Villatoro a way to challenge deportation to CECOT.

Yesterday, Fitzpatrick granted Villatoro’s request for a stay so he can appeal the dismissal and try to stave off deportation to CECOT.

Villatoro’s request for an emergency stay cited the effect that the evidence-free claims that Pam Bondi, among others, has made — just like she has been with Abrego Garcia.

Through its very public pronouncements and attacks on Mr. Villatoro Santos, including bellicose statements by the Attorney General, the FBI Director, the Virginia Governor, and President Trump himself, the Government has effectively placed a target on Mr. Villatoro’s back: if he were to be deported to El Salvador, there is no doubt he will immediately be detained at CECOT without trial, and there will be no way out from there. And to be clear, this life-altering fate would result from the unproven allegations of a government that chose to forego criminal prosecution, where there is due process and a burden of proof to meet, in favor of deportation to a country in which there is little to no respect for the rule of law. Mr. Villatoro Santos faces the risk of an effective life sentence without trial, or worse.

If Abrego Garcia is ever brought back to the country, Pam Bondi’s inflammatory allegations against him may limit the government’s ability to dictate his fate; she obviously has prejudiced his ability to get a fair hearing. But Villatoro (who has not contested he had the guns) is in the country and so may be able to make something of the way Bondi claimed him to be something he’s probably not.

It’s not just that Trump’s Administration is deporting people without due process. He’s deporting people without due process because he needs to sustain false claims about them, to sustain a myth about invasion that Stephen Miller used to get Trump elected.

Meanwhile, Trump’s false claims are collapsing at a more significant level.

On one level, there’s Bukele’s claims to oppose MS-13. As I noted here, there has been isolated reporting on Bukele’s interest in preventing the real story of his relationship with MS-13 from being made public.

Asha Rangappa updates that with a description of how both Bukele and Trump have the need to claim their relationship with MS-13 is something it is not.

El Salvador has suffered from gang violence, led by Mara Salvatrucha, or MS-13, following decades of civil war from 1979 to 1992. According to an indictment brought by the Eastern District of New York against thirteen MS-13 gang members in 2022, various El Salvadoran administrations since the war ended entered into a “truce” with MS-13, in which the gang agreed to reduce homicides in the city “in exchange for transfers to less secure prisons, improved prison conditions, conjugal visits, cash payments, and other benefits and privileges.” The “truce” came to a halt, however, in 2015 after the U.S. government, which wanted to curb MS-13’s activity in the United States and bring them to justice here, increased pressure on El Salvador to return to restrictive prison conditions for gang members and extradite some of them to the U.S. In retaliation for the “truce” being lifted, MS-13 increased its violence both in El Salvador and in the U.S. In fact, the first Trump Justice Department created a task force, called Task Force Vulcan, to crack down on MS-13 in the U.S. – which is what led to the federal indictment noted earlier.

Enter Bukele. Bukele was elected in 2019, winning on a platform that promised to (once again) “crack down” on gang violence. But his party, Nuevas Ideas, began secretly working to gain the support of a critical group: Yep, MS-13. Bukele and his party negotiated with the gang to bring back the “truce,” which would include (according to the federal indictment) “financial benefits, control of territory, the ability to run the gang from prison, and the early release of gang members.” MS-13 also wanted assurance that they wouldn’t be extradited to the U.S., where they would face more punitive measures. (Having studied the drug cartels in Colombia, this was reminiscent of Pablo Escobar’s mantra, “Mejor una tumba en Colombia, que una carcel in los Estados Unidos” – which means, “Better a grave in Colombia than a jail cell in the United States.”) The same day Bukele’s party received a legislative majority in 2021, it removed the Attorney General and five members of the Supreme Court who had been working with the U.S. to take real action against MS-13. Buekele also released a major MS-13 leader whom the U.S. was seeking for extradition from prison.

In exchange, MS-13 “agreed to reduce the number of public murders in El Salvador, which politically benefitted the government, by creating the perception that the government was reducing the murder rate.” Indeed, Bukele’s popularity is the result of his so-called “Territorial Control Plan,” which involved building his supermax prison and his plan of mass incarceration – a plan which he credits for the drop in violence since he took office. Of course, the citizens of El Salvador aren’t privy to the secret negotiations Bukele made with MS-13 – details that were going to be made public when the U.S. government’s case against the MS-13 defendants went to trial. Which may explain why the Trump administration quietly dropped these charges last week and put the charged MS-13 members on the third plane bound for El Slavador (and which included Abrego Garcia). Among the defendants was one of the highest-ranking leaders of MS-13, Cesar Humberto Lopez-Larios, who was arrested last June and added to the earlier indictment (and who almost certainly will not face real punishment in El Salvador). A former FBI agent who spent years working on this and other gang cases called it “a historical loss,” especially in terms of getting critical intelligence about MS-13’s operations and members in the United States.

In short, both Trump and Bukele appear to be complicit in a plan to allow MS-13 to operate in El Salvador on its own terms, in exchange for making it look like both are “cracking down” on the gang in their respective countries. Of course, the fact that MS-13 will continue to operate in cahoots with the El Salvadoran government means that citizens of that country who are victims of the gang will continue fleeing to the United States, undercutting the Trump administration’s claim that it is trying to end the “invasion” of asylum seekers. Then again, Trump needs a steady influx of people to continue trying to cross the border in order to keep claiming the “national emergency” he is using to expand his authority.

There’s a flip side to Trump’s propaganda, involving Trump’s false claims about Tren de Aragua.

Even at the Global Threats Hearings on March 26, otherwise focused on Mike Waltz’ Signal chat, Democrats asked Tulsi Gabbard why Tren de Aragua, which Trump had just declared was invading the country in a matter akin to war, was not even mentioned among the IC’s description — prioritized as the primary threat for the first time — of transnational actors threatening the country.

Western Hemisphere-based TCOs and terrorists involved in illicit drug production and trafficking bound for the United States endanger the health and safety of millions of Americans and contribute to regional instability. Fentanyl and other synthetic opioids remain the most lethal drugs trafficked into the United States, causing more than 52,000 U.S. deaths in a 12-month period ending in October 2024. This represents a nearly 33 percent decrease in synthetic opioid-related overdose deaths compared to the same reporting time frame the previous year, according to CDC provisional data, and may be because of the availability and accessibility of naloxone.

Mexico-based TCOs—including the Sinaloa Cartel and the New Generation Jalisco Cartel—remain the dominant producers and suppliers of illicit drugs, including fentanyl, heroin, methamphetamine, and South American-sourced cocaine, for the U.S. market. Last year, official points of entry along the U.S.-Mexico border were the main entry point for illicit drugs, often concealed in passenger vehicles and tractor trailers. However, some TCOs likely will at least temporarily change their smuggling techniques and routes in response to increased U.S. security force presence at the border.

Since at least 2020, the growth of Mexico-based independent fentanyl producers—actors who are autonomous or semiautonomous from Mexican cartel control—has increasingly fragmented Mexico’s fentanyl trade. Independent fentanyl producers are attracted to the drug’s profitability and the low barriers to market entry, including the ease of synthesizing it using basic lab equipment and few personnel.

Colombia-based TCOs and illegal armed groups are responsible for producing and exporting the vast majority of cocaine that reaches the United States, some of which is transshipped through Ecuador, contributing to an uptick in violent criminal conflicts that spurs regional migration.

Mexico-based TCOs are ramping up lethal attacks in Mexico against rivals and Mexican security forces using IEDs, including landmines, mortars, and grenades. In 2024, there were nearly 1,600 attacks on Mexican security forces using IEDs, surging from only three reported attacks between 2020- 2021. The sophistication of TCO tactics is reshaping Mexico’s security landscape and has heightened the risk to security forces.

Tren de Aragua is not mentioned in the report; Venezuela is mentioned once (because, with Mexicans and Guatemalans, they are the migrants most commonly trying to enter the country through the Mexican border). El Salvador and MS-13 are likewise not mentioned.

But since then, the IC has done a National Intelligence Estimate that formalizes what became clear in the Threats Hearings. Of the 18 intelligence agencies who contributed to the assessment, only the FBI even claimed that the Venezuelan government was involved with TdA.

The National Intelligence Council, drawing on the acumen of the United States’ 18 intelligence agencies, determined in a secret assessment early this month that the Venezuelan government is not directing an invasion of the United States by the prison gang Tren de Aragua, a judgment that contradicts President Donald Trump’s public statements, according to people familiar with the matter.

[snip]

The intelligence product found that although there are some low-level contacts between the Maduro government and Tren de Aragua, or TdA, the gang does not operate at the direction of Venezuela’s leader. The product builds on U.S. intelligence findings in February, first reported by the New York Times, that the gang is not controlled by Venezuela.

An unnamed person in Tulsi’s office accused the entire IC of a Deep State plot, pitting the DNI aggressively against her subordinates.

When asked about the findings, the Office of the Director of National Intelligence dismissed it as the work of “deep state actors” working in conjunction with the media.

“President Trump took necessary and historic action to safeguard our nation when he deported these violent Tren de Aragua terrorists,” the statement said. “Now that America is safer without these terrorists in our cities, deep state actors have resorted to using their propaganda arm to attack the President’s successful policies.”

All of it — all of Trump’s March campaign to invoke the Alien Enemies Act to start deporting people without due process — all of it is based on wildly unfounded propaganda, propaganda about who Bukele is, propaganda about what TdA is, propaganda about who these makeup artists and soccer players are.

There is a great deal of angst among centrist Democratic consultants and pundits that Trump will always have the upper hand on immigration. And while it’s true that that’s what has prevented Trump’s polling from cratering, it is already the case that Americans don’t like specific aspects of Trump’s immigration policy.

The vast majority — 82% — of Americans believe Trump should obey court orders even if he disagrees with them, and 56% think he should stop “deporting people” (again, very vague) specifically:

But the details of the policy Trump is carrying out are even more removed from the polling — even more unpopular, reflecting deep reservations among the public about what the president is doing.

For example, when various pollsters asked if they would support deporting immigrants who have been here more than 10 years (as in the case of Abrego Garcia), U.S. adults said “no” by a 37 percentage point margin; Americans disapprove of deporting immigrants who have broken no laws other than laws governing entry; they oppose deporting U.S. citizens convicted of crimes to foreign jails, such as CECOT, and they oppose housing migrants at Guantanamo Bay while they are processed. All of these are policies the Trump administration has now floated or is actively carrying out.

But here’s what else the polling never accounted for: even in real time, it was clear Trump’s strength on immigration was based on a massive campaign of propaganda (just as Trump had tried with less success in 2018 and 2020).

More than $247 million was spent in the first six months of this year on television, streaming platform and digital ads that mention immigration, according to AdImpact, which tracks campaign advertising. That is $40 million more than ads that mention any other issue.

Over 90 percent of the ads supported Republican candidates and were paid for by their campaigns or political action committees backing them.

The level of spending underscores how important Republicans view border security and immigration in this year’s elections. While polls show voters overall rank issues at the border as less important to them than the economy, inflation and protecting democracy, Republican voters consistently rank it as among the most important.

The Washington Post analyzed the transcripts, images and on-screen text featured in more than 700 campaign ads that mention immigration and that ran from January through June for the presidential and Senate races, as well as congressional primaries and major state campaigns.

Taken as a whole, the ads convey an unrealistic portrait of the border as being overrun and inaccurately characterize immigrants generally as a threat, of which there is little evidence. FBI data show U.S. border cities are among the nation’s safest. And a 2023 report from a group of economists found immigrants are at least 30 percent less likely to be incarcerated than U.S.-born individuals.

Click through to that story, because it was extremely comprehensive, but also just a single story amid a campaign focused on other things.

Donald Trump won election by staging spectacular propaganda in places like Aurora, Colorado, where Stephen Miller tried to drown out the Republican Mayor’s debunking of his false claims. Donald Trump won election by falsely accusing a productive group of Haitian immigrants were eating house pets. Trump won election by claiming that a bunch of criminal aliens safely held in US prisons were, instead wandering the streets.

Donald Trump won, in significant part by stoking fear of immigrants, based off a flood of propaganda that Democrats only responded to with whack-a-mole efforts to combat individual lies.

Thus far, Democrats are still largely fighting a game of whack-a-mole, though one facilitated by human interest and the Fifth Amendment.

Thus far, the campaign to fight back against Trump’s authoritarian immigration crackdown has focused on individual stories: Abrego Garcia’s efforts to raise his three American citizen children, Rumeysa Öztürk’s research on how to make social media useful, Mohsen Mahdawi’s empathy for both Palestinians and Jews. These are individuals, and once they are viewed as individuals, most Americans don’t support their draconian treatment.

But it has yet to account for the fact that it is based on far bigger lies, bigger lies that Stephen Miller manufactured to justify claiming expansive powers in the name of fear.

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Harvie Wilkinson on Due Process

After Judge Paula Xinis granted discovery to Kilmar Abrego Garcia’s attorneys, Trump ran to the Fourth Circuit.

Waiting less than a day, the conservative on the panel for the case, Harvie Wilkinson, wrote a scathing opinion rejecting Trump’s plea for help.

It is difficult in some cases to get to the very heart of the matter. 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.

Read the rest.

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