POTUS has not asked El Salvador to return illegally deported man

 According to The New Republic, President Donald Trump’s lawlessness is getting worse, but the public is now clearly rejecting it. Trump gave a new interview in which he made some striking admissions about the wrongfully deported Kilmar Abrego Garcia that only demonstrate how reprehensible his treatment of this whole saga has become. Meanwhile, new polling shows a large public backlash to Trump’s extra-legal tactics. We don’t think that Trump and Stephen Miller anticipated this public response. We think they thought they had successfully acclimated voters to their lawlessness. The opposite is happening. Yet all signs are that they’ll continue plunging us into this abyss. The New Republic interviewed Chris Newman, who’s one of the lawyers for Abrego Garcia’s family and is general counsel for the National Day Laborer Organizing Network. Here are some excerpts:

Question: President Trump was interviewed recently by Time magazine.  He was asked about Kilmar Abrego Garcia Trump, “Have you asked Bukele to return him?” Trump admitted, "I haven’t," and said his lawyers have not told him he has to. Chris, that’s an astounding admission. Your response?

Newman: Like everything, it’s difficult to interpret. On the one hand, it appears that Trump is softening and indeed backing away from the position of Stephen Miller, who appears to be higher on the organizational chart than his own vice president. On the other hand, it seems to be an admission as well that he’s violating the Supreme Court order because the order clearly said that he was supposed to facilitate the return of Kilmar Abrego Garcia. And the fact that he hasn’t tried seems to be a dead to rights admission that he is not complying with the order. From a political lens, it appears to reflect what is actually happening, which is public opinion is turning against Trump on this issue, and on immigration broadly. But as a legal matter, again, we continue to inch closer and closer to the proverbial constitutional crisis that people have been afraid of and some would even say—potentially rightly—that we’re already there.

Question: Well, he is currently defying the Supreme Court, which has again ordered him to facilitate Abrego Garcia’s return and he’s not doing that. To your point, Chris, the Time magazine interviewers actually did press Donald Trump on the thing you raised. They said, Well, OK, if you haven’t asked Bukele to return him, then aren’t you violating the Supreme Court’s order to facilitate his return? Trump stammered and said something like, Well, the lawyers aren’t telling me I have to do that. They don’t really want to do that at this juncture. That strikes me as pretty damning. Trump is admitting it’s an option, but he’s not taking it.

Newman: Yeah, and it makes you wonder which lawyer, if any, he’s talking to. For example, is he talking to Erez Reuveni, the Department of Justice lawyer who admitted that Abrego Garcia was mistakenly deported and then subsequently fired—seemingly because of that admission? Or is he talking to Pam Bondi? Or in fact, is he just making it entirely up and he hasn’t spoken to any lawyers at all? The fact is that we don’t know. And also the fact is that this is also part of this trick mirror thing where Trump is trying to make it seem like he ultimately is all three branches of government. It doesn’t really matter whether he’s spoken to lawyers or not. His administration must comply with the Supreme Court order.

Question: Right, and he was actually asked during the interview whether generally speaking he thinks he has to comply with the Supreme Court. And of course he said, I greatly respect the justices and so forth. I think that they may be moving toward compliance. I want to flag another moment from the Time interview. Trump was asked why he won’t just bring Abrego Garcia back to the United States and retry him for deportation through lawful channels. Trump answered: “It’s something that, frankly, bringing him back and retrying him wouldn’t bother me.”

But then Trump adds again that his lawyers “don’t want to do that” at this moment. To be clear, Chris, the administration does have the option of bringing him back and recontesting his withholding of removal status or seeking to deport him to a third country. Trump now just said flat out that he’d be OK with this. Well, what the hell are we waiting for then? How is this not a big deal?

Newman: Again, I don’t know. All we’re asking for is for Kilmar Abrego Garcia to get a fair hearing and due process that is entitled to all of us in the U.S. And then the chips can fall where they may. The fact that he’s being deprived of that and they continue to double down is not just something that’s putting Kilmar’s life at risk. It’s putting all of our rights at risk because, again, this is the proverbial test case as to whether or not Donald Trump can suspend core elements of the Constitution whenever he wants. And if he gets away with it on this case—because maybe the political winds are going this way or that way—there’s no question that there will be an erosion of constitutional rights for every single person in the country.

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