In the hearing today on the deportation of Abrego Garcia, Judge Paula Xinis did not hold anyone in contempt, but she appeared to be quite forceful and called for expedited discovery (over the DOJ’s whining).
"The Supreme Court has spoken," U.S. District Judge Paula Xinis told the parties during a hearing in Maryland on Tuesday, five days after the U.S. Supreme Court affirmed her ruling that the government "facilitate" Abrego Garcia's return from an El Salvador prison.
"You made your jurisdictional arguments, you made your venue arguments," Judge Xinis told the Justice Department attorneys. "You made your arguments on the merits. You lost. This is now about the scope of the remedy."
Xinis said she will issue a written order as to why an expedited discovery -- in which officials are put under oath -- is warranted, saying "it will occur in two weeks." Xinis said she will issue a "number of interrogatories and requests for production of documents for the plaintiff."
The discovery itself may get contentious, as the DOJ is already pushing back on the meaning of “facilitate.” Judge Xinis’ real challenge is that the government’s disregard of the court’s order runs directly and openly to Trump. Trump and Bukele appear to have confirmed that. The discovery may just carve the point in marble.
Ultimately, the right answer may be for Judge Xinis to hold Trump himself in contempt of her order (and the Supreme Court’s order?) to “facilitate” Garcia’s removal. There would be no penalty for the contempt, but Judge Xinis could find that Trump’s acts in contempt of court cannot be deemed “official acts” (under the Supreme Court’s bespoke immunity ruling in Trump v. US), thus rendering Trump open to potential criminal liability in state and federal courts. Those charges could be quite serious felonies in Maryland (use your imagination).
Possibly two (2) conservative Supreme Court justices can bring themselves to find that point persuasive. We should all know by now that Trump needs to be contained. I am hopeful that this knowledge has even penetrated Chief Justice Robert’s obtuse intellect. Please hury, hury, hury to close that barn door, Mister Chief Justice!
