It was clearly White House Chief of Staff Susie Wiles acceptance told Vanity Fair that President Trump was engaged in “score-settling” and would be turned into a legal case sooner or later. Now it is like that.
In a Deposit Overnight, Kelmar Abrego Garcia’s lawyers cited Wells’ interview as part of their attempt to dismiss the indictment against him on retaliatory grounds:
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
[W]What we know, from the documents the defense and the court had to extract from the government’s hands, is that the government deceived the court, the defense and the public about Mr. McGuire’s alleged status as the sole decision-maker. Frankly, many government attorneys have chosen to mislead this court in order to try to salvage this unfair trial.
Internal documents show that Assistant District Attorney Akash Singh served as a conduit between Blanche’s office and McGuire, Abrego Garcia’s lawyers say. Because the relevant documents and court rulings are sealed, we cannot independently verify the claims of Abrego Garcia’s attorneys, but let’s just say that the redacted portions of their most recent filing are pretty confusing:
We may not have to take Abrego Garcia’s attorney completely at his word. While they cite the sealed Dec. 3 order in the case filed by U.S. District Attorney D. Crenshaw Jr. 13 times in the new filing, they redact what Crenshaw said in the order — Except in one place. In a possible redaction, they appear to quote the judge as saying in his order that Singh had a “leadership role in the government’s decision to prosecute”:
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
Since then, Trump’s Justice Department has done its best to avoid having to comply with the court order and discovery requests filed by Abrego Garcia. She has repeatedly tried to re-litigate a federal judge’s decision to allow discovery. It has impeded the filing of responsive documents. She attempted to quash subpoenas filed by Abrego Garcia seeking live testimony from Blanche, Assistant District Attorney Akash Singh, and Chief Assistant District Attorney James McHenry.
While the battle for discovery and turning it into a retaliation trial has been mostly taking place behind closed doors, we can piece together a few things from the latest, heavily redacted reports. Deposit:
The Justice Department, acting on orders from a judge, eventually unsealed “20-odd pages” of internal documents that Abrego Garcia now claims reveal “a web of false representations to the court” that the acting U.S. Attorney in Nashville, Robert McGuire, brought the case independently on his own initiative, rather than at the request of the lead judge (or the White House):
[W]What we know, from the documents the defense and the court had to extract from the government’s hands, is that the government deceived the court, the defense and the public about Mr. McGuire’s alleged status as the sole decision-maker. Frankly, many government attorneys have chosen to mislead this court in order to try to salvage this unfair trial.
Internal documents show that Assistant District Attorney Akash Singh served as a conduit between Blanche’s office and McGuire, Abrego Garcia’s lawyers say. Because the relevant documents and court rulings are sealed, we cannot independently verify the claims of Abrego Garcia’s attorneys, but let’s just say that the redacted portions of their most recent filing are pretty confusing:
We may not have to take Abrego Garcia’s attorney completely at his word. While they cite the sealed Dec. 3 order in the case filed by U.S. District Attorney D. Crenshaw Jr. 13 times in the new filing, they redact what Crenshaw said in the order — Except in one place. In a possible redaction, they appear to quote the judge as saying in his order that Singh had a “leadership role in the government’s decision to prosecute”:
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
The new filing, in addition to citing Wells, reveals a little more than we knew about the latest proceedings in the Tennessee case, which have been taking place under seal and out of public view for the past few weeks. Without delving into the issues, the judge in October found a “realistic possibility of retaliation” and allowed Abrego Garcia to conduct discovery about Trump’s Justice Department conduct. That was a huge win and a big initial hurdle for any criminal defendant to overcome.
Since then, Trump’s Justice Department has done its best to avoid having to comply with the court order and discovery requests filed by Abrego Garcia. She has repeatedly tried to re-litigate a federal judge’s decision to allow discovery. It has impeded the filing of responsive documents. She attempted to quash subpoenas filed by Abrego Garcia seeking live testimony from Blanche, Assistant District Attorney Akash Singh, and Chief Assistant District Attorney James McHenry.
While the battle for discovery and turning it into a retaliation trial has been mostly taking place behind closed doors, we can piece together a few things from the latest, heavily redacted reports. Deposit:
The Justice Department, acting on orders from a judge, eventually unsealed “20-odd pages” of internal documents that Abrego Garcia now claims reveal “a web of false representations to the court” that the acting U.S. Attorney in Nashville, Robert McGuire, brought the case independently on his own initiative, rather than at the request of the lead judge (or the White House):
[W]What we know, from the documents the defense and the court had to extract from the government’s hands, is that the government deceived the court, the defense and the public about Mr. McGuire’s alleged status as the sole decision-maker. Frankly, many government attorneys have chosen to mislead this court in order to try to salvage this unfair trial.
Internal documents show that Assistant District Attorney Akash Singh served as a conduit between Blanche’s office and McGuire, Abrego Garcia’s lawyers say. Because the relevant documents and court rulings are sealed, we cannot independently verify the claims of Abrego Garcia’s attorneys, but let’s just say that the redacted portions of their most recent filing are pretty confusing:
We may not have to take Abrego Garcia’s attorney completely at his word. While they cite the sealed Dec. 3 order in the case filed by U.S. District Attorney D. Crenshaw Jr. 13 times in the new filing, they redact what Crenshaw said in the order — Except in one place. In a possible redaction, they appear to quote the judge as saying in his order that Singh had a “leadership role in the government’s decision to prosecute”:
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
In practical terms, we can say so naturally It is a revenge trial. But legally, the bar for establishing retaliatory prosecution is high and difficult to meet. Wells’ comments alone will not do the trick, but they complement a series of public comments, threats, and remarkable admissions about Abrego Garcia and his criminal case from high-ranking administration officials, led by Deputy Attorney General Todd Blanche.
The new filing, in addition to citing Wells, reveals a little more than we knew about the latest proceedings in the Tennessee case, which have been taking place under seal and out of public view for the past few weeks. Without delving into the issues, the judge in October found a “realistic possibility of retaliation” and allowed Abrego Garcia to conduct discovery about Trump’s Justice Department conduct. That was a huge win and a big initial hurdle for any criminal defendant to overcome.
Since then, Trump’s Justice Department has done its best to avoid having to comply with the court order and discovery requests filed by Abrego Garcia. She has repeatedly tried to re-litigate a federal judge’s decision to allow discovery. It has impeded the filing of responsive documents. She attempted to quash subpoenas filed by Abrego Garcia seeking live testimony from Blanche, Assistant District Attorney Akash Singh, and Chief Assistant District Attorney James McHenry.
While the battle for discovery and turning it into a retaliation trial has been mostly taking place behind closed doors, we can piece together a few things from the latest, heavily redacted reports. Deposit:
The Justice Department, acting on orders from a judge, eventually unsealed “20-odd pages” of internal documents that Abrego Garcia now claims reveal “a web of false representations to the court” that the acting U.S. Attorney in Nashville, Robert McGuire, brought the case independently on his own initiative, rather than at the request of the lead judge (or the White House):
[W]What we know, from the documents the defense and the court had to extract from the government’s hands, is that the government deceived the court, the defense and the public about Mr. McGuire’s alleged status as the sole decision-maker. Frankly, many government attorneys have chosen to mislead this court in order to try to salvage this unfair trial.
Internal documents show that Assistant District Attorney Akash Singh served as a conduit between Blanche’s office and McGuire, Abrego Garcia’s lawyers say. Because the relevant documents and court rulings are sealed, we cannot independently verify the claims of Abrego Garcia’s attorneys, but let’s just say that the redacted portions of their most recent filing are pretty confusing:
We may not have to take Abrego Garcia’s attorney completely at his word. While they cite the sealed Dec. 3 order in the case filed by U.S. District Attorney D. Crenshaw Jr. 13 times in the new filing, they redact what Crenshaw said in the order — Except in one place. In a possible redaction, they appear to quote the judge as saying in his order that Singh had a “leadership role in the government’s decision to prosecute”:
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
In practical terms, we can say so naturally It is a revenge trial. But legally, the bar for establishing retaliatory prosecution is high and difficult to meet. Wells’ comments alone will not do the trick, but they complement a series of public comments, threats, and remarkable admissions about Abrego Garcia and his criminal case from high-ranking administration officials, led by Deputy Attorney General Todd Blanche.
The new filing, in addition to citing Wells, reveals a little more than we knew about the latest proceedings in the Tennessee case, which have been taking place under seal and out of public view for the past few weeks. Without delving into the issues, the judge in October found a “realistic possibility of retaliation” and allowed Abrego Garcia to conduct discovery about Trump’s Justice Department conduct. That was a huge win and a big initial hurdle for any criminal defendant to overcome.
Since then, Trump’s Justice Department has done its best to avoid having to comply with the court order and discovery requests filed by Abrego Garcia. She has repeatedly tried to re-litigate a federal judge’s decision to allow discovery. It has impeded the filing of responsive documents. She attempted to quash subpoenas filed by Abrego Garcia seeking live testimony from Blanche, Assistant District Attorney Akash Singh, and Chief Assistant District Attorney James McHenry.
While the battle for discovery and turning it into a retaliation trial has been mostly taking place behind closed doors, we can piece together a few things from the latest, heavily redacted reports. Deposit:
The Justice Department, acting on orders from a judge, eventually unsealed “20-odd pages” of internal documents that Abrego Garcia now claims reveal “a web of false representations to the court” that the acting U.S. Attorney in Nashville, Robert McGuire, brought the case independently on his own initiative, rather than at the request of the lead judge (or the White House):
[W]What we know, from the documents the defense and the court had to extract from the government’s hands, is that the government deceived the court, the defense and the public about Mr. McGuire’s alleged status as the sole decision-maker. Frankly, many government attorneys have chosen to mislead this court in order to try to salvage this unfair trial.
Internal documents show that Assistant District Attorney Akash Singh served as a conduit between Blanche’s office and McGuire, Abrego Garcia’s lawyers say. Because the relevant documents and court rulings are sealed, we cannot independently verify the claims of Abrego Garcia’s attorneys, but let’s just say that the redacted portions of their most recent filing are pretty confusing:
We may not have to take Abrego Garcia’s attorney completely at his word. While they cite the sealed Dec. 3 order in the case filed by U.S. District Attorney D. Crenshaw Jr. 13 times in the new filing, they redact what Crenshaw said in the order — Except in one place. In a possible redaction, they appear to quote the judge as saying in his order that Singh had a “leadership role in the government’s decision to prosecute”:
Despite the government’s brazen efforts to mislead the court, the answer to that question is now clear: This case came to Mr. McGuire’s desk because Mr. Blanche’s deputy, Mr. Singh, who we now know had a “leading role in the government’s decision to prosecute the defendants,” placed it there. (Dr. 241 at 5)
Where does this leave us?
Big picture: Abrego Garcia argues that the evidence of retaliatory prosecution is so strong that the burden is now on the government to prove otherwise, and since the government will not produce documents or witnesses to refute the prosecution’s retaliatory claim, the case should be dismissed.
Smaller image: If the judge doesn’t dismiss the case now, the alternative Abrego Garcia wants is to reject Trump’s Justice Department proposal to quash the subpoenas and proceed with an evidentiary hearing on the prosecution’s retaliation claim where top officials would be forced to testify.
Additional note: Abrego Garcia’s attorney filed a separate lawsuit a movement Late Friday, he called for sanctions against CBP Commander Gregory Bovino over comments he made to national media calling Abrego Garcia a “foreign smuggler,” a “wife beater,” and an “MS-13 gang member.” Bovino also attacked the judges in Abrego Garcia’s criminal and civil cases, calling them “activists” and “extremists.”
Bovino’s public mutilation of Abrego Garcia came after Judge Crenshaw did so actually He issued a series of orders to suppress harmful out-of-court statements made by the Trump administration in violation of the court’s rules. In one of these orders, Crenshaw previously directed the Department to provide actual notice of his order prohibiting the making of extrajudicial statements directly to DHS employees involved in the Abrego Garcia case and those authorized to speak on behalf of DHS.
Given Bovino’s comments, Abrego Garcia is seeking sanctions against the government, but first wants the court to inquire how this happened:
However, before the court can determine appropriate sanctions here, the government should be directed to disclose to the defense and the court whether and how the prosecution provided Mr. Bovino with a copy of the court order, which gave Mr. Bovino permission to speak about Mr. Abrego’s case, what directions Mr. Bovino received regarding those statements, and any and all communications between government counsel and Mr. Bovino or DHS regarding Mr. Bovino’s statements, including any attempts to obtain a confession. Retract or apologize.
This makes you fully aware of an issue that has been slow moving. I expect that most of the sealed proceedings and files will be made public sooner rather than later, at which point we will have a more accurate understanding of the discovery battle, what the administration has uncovered and is still trying to conceal, and what Judge Crenshaw has concluded on the key issues. But the latest filing is the best window into the case that we’ve had in a few weeks.
