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Deadline: Legal Blog-The Trump administration's MS-13 case against Kilmar Abrego Garcia crumbled in court
A federal judge rejected the government’s claim of Abrego’s gang membership while denying the broader effort to detain him pretrial.
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/kilmar-abrego-garcia-ms-13-trump-administration-rcna214530
Before the Trump administration finally returned Kilmar Abrego Garcia to the U.S. this month, officials kept claiming he belonged to the deadly MS-13 gang. Even if true, that wouldn’t have been a valid reason for the government to avoid compliance with a court order for his return after illegally sending him to El Salvador in March.
But in any event, it shouldn’t escape notice that a federal judge just picked apart the gang claim that the Justice Department has continued to push since his return.
That picking-apart came in Sunday’s ruling that rejected the DOJ’s bid to detain Abrego ahead of trial on criminal charges the government had waiting for him upon his return. He pleaded not guilty to allegations of illegally transporting undocumented immigrants. (U.S. Magistrate Judge Barbara Holmes’ opinion Sunday noted that his preferred surname is “Abrego,” after he has been consistently referred to in court documents and reports as “Abrego Garcia.”)
Abrego’s criminal charges don’t hinge on whether he’s a gang member. But the issue arose in Holmes’ detention ruling because the government argued that his alleged gang membership supported his detention. “The Government’s investigation has revealed that the defendant has a long history and association with MS-13,” prosecutors wrote ahead of a June 13 hearing.
But in her ruling following the hearing, Holmes said the government’s evidence of Abrego’s MS-13 membership “consists of general statements, all double hearsay, from two cooperating witnesses.” She said those statements, in turn, are contradicted by another witness who, the judge wrote, said that “in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member.” Given the conflicting evidence, the judge wrote, “the government’s evidence of Abrego’s alleged gang membership is simply insufficient.”
So, after months of the administration insisting on Abrego’s gang membership (again, not that it would excuse failing to return him as required by court order issued in April), there was a clear chance to prove it in court. The government failed to do so......
But the failure to support the MS-13 claim is indicative of an amateurishness that has marked the government’s conduct throughout this sordid affair. If it’s a sign of things to come, it could bode well for Abrego’s legal fight.
But in any event, it shouldn’t escape notice that a federal judge just picked apart the gang claim that the Justice Department has continued to push since his return.
That picking-apart came in Sunday’s ruling that rejected the DOJ’s bid to detain Abrego ahead of trial on criminal charges the government had waiting for him upon his return. He pleaded not guilty to allegations of illegally transporting undocumented immigrants. (U.S. Magistrate Judge Barbara Holmes’ opinion Sunday noted that his preferred surname is “Abrego,” after he has been consistently referred to in court documents and reports as “Abrego Garcia.”)
Abrego’s criminal charges don’t hinge on whether he’s a gang member. But the issue arose in Holmes’ detention ruling because the government argued that his alleged gang membership supported his detention. “The Government’s investigation has revealed that the defendant has a long history and association with MS-13,” prosecutors wrote ahead of a June 13 hearing.
But in her ruling following the hearing, Holmes said the government’s evidence of Abrego’s MS-13 membership “consists of general statements, all double hearsay, from two cooperating witnesses.” She said those statements, in turn, are contradicted by another witness who, the judge wrote, said that “in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member.” Given the conflicting evidence, the judge wrote, “the government’s evidence of Abrego’s alleged gang membership is simply insufficient.”
So, after months of the administration insisting on Abrego’s gang membership (again, not that it would excuse failing to return him as required by court order issued in April), there was a clear chance to prove it in court. The government failed to do so......
But the failure to support the MS-13 claim is indicative of an amateurishness that has marked the government’s conduct throughout this sordid affair. If it’s a sign of things to come, it could bode well for Abrego’s legal fight.
3 replies
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= new reply since forum marked as read
What a surprise 
