Deadline Legal Blog-'Flatly false': Kilmar Abrego Garcia's lawyers call out Trump admin's 'shocking' conduct [View all]
Abregos lawyers cited the governments falsehoods to support his motion to dismiss his criminal charges.
https://www.ms.now/deadline-white-house/deadline-legal-blog/kilmar-abrego-garcia-trump-motion-dismiss-charges
A running theme of the Trump administrations legal efforts is not only pressing aggressive claims, but also resisting, misleading and as one federal judge put it last week outright lying in service of President Donald Trumps agenda.
The latest instance comes in the case of Kilmar Abrego Garcia, whose legal ordeal has provided a lot of material when it comes to shady government conduct.
Abrego became a famous target of the administrations bumbling malevolence after the government illegally sent him to a Salvadoran megaprison earlier this year and swore hed never be back in the U.S. and then finally achieved his court-ordered return after developing a criminal case to have waiting for him. While theoretically pressing that case toward trial, the administration is moving to quickly deport Abrego, as he seeks to dismiss the criminal charges on the grounds that theyre unlawfully vindictive and selective. He has pleaded not guilty to the charges of unlawfully transporting undocumented immigrants.......
But Abregos lawyers wrote to the Tennessee judge in his criminal case that the governments representations about Costa Rica in his immigration litigation were revealed to be flatly false on Friday night. They cited a report in The Washington Post quoting Costa Ricas minister of public security as saying that his country would accept him without further negotiations.....
His lawyers argue that the governments shocking (yet, sadly, now predictable) conduct provides three reasons.
First, they wrote, the governments misrepresentations are unmistakable proof of continued vindictiveness. Second, they wrote, the governments recent conduct emphasizes the importance of meaningful discovery and testimony on vindictive and selective prosecution that goes up to the highest levels of the Department of Justice and the Department of Homeland Security. And third, they wrote, given the Department of Justices brazen attempts to mislead the courts and defy court orders, documentation of how the Department of Justice has collected, reviewed, and produced discovery material in response to this Courts orders is necessary to ensure that the government has made a good faith effort to comply with the Courts discovery order.
The DOJ has not yet responded to the filing, which Abregos lawyers lodged on Sunday.
How this latest revelation affects Abregos criminal case, if at all, remains to be seen. Indeed, his potential removal could moot the criminal proceedings entirely and that may be just as well, as far as the administration is concerned. The criminal case always seemed to be more of a political tool. Thats not unusual in this administration, where Abrego isnt the only high-profile defendant to raise what were previously rare claims of vindictive and selective prosecution. James Comey and Letitia James, for example, have done the same in Virginia, though they just got their cases dismissed on other grounds, due to what a federal judge found to be the unlawful appointment of their Trump-installed prosecutor, Lindsey Halligan.