from the the-us-government-is-out-of-control dept
Here’s how you know the Kilmar Abrego Garcia case represents something fundamentally broken in government accountability: within hours of two federal judges ordering his release and explicitly warning the government not to play games with him, DHS spokesperson Tricia McLaughlin went on X to repeat laughably false claims about Abrego while declaring that he “will never walk America’s streets again” and calling one of the judges “lawless” and “unhinged.”
That’s a Department of Homeland Security official publicly announcing the government’s intent to defy court orders while repeating laughable claims that judges have already called “bordering on fanciful.”
It would be almost comically stupid if it weren’t so dangerous—and if it weren’t the inevitable result of months of the US government accidentally trafficking a man to El Salvador’s torture camps, then fabricating evidence to cover their tracks when they got caught.
The backstory matters because it shows this isn’t just bureaucratic incompetence—it’s a pattern of lawlessness that continues even when judges explicitly call it out.
As a reminder: despite having an order from an immigration court that Abrego cannot be deported back to El Salvador, the government sent him there anyway. First they said it was an “accident,” then claimed it was intentional after firing the lawyer who admitted the mistake. They refused to facilitate his return even after the Supreme Court told them to do so, claiming it was up to El Salvador (which was demonstrably false).
Of course, once they had cooked up a completely bogus indictment, based off of letting actual traffickers go free in exchange for claims about Abrego, suddenly it turned out that they were able to bring him back to the US… to face these laughable charges.
Multiple judges have called out the frivolous nature of the charges, and the US government said “well if you free him, we’ll just traffic him to some random third country that isn’t El Salvador.”
Which brings us to this week’s judicial smackdown—and the government’s immediate decision to make its intentions to ignore it clear.
On Wednesday, Judge Waverly Crenshaw ordered that Abrego be released from detention. There’s a lot to the ruling, but in short, the court is not persuaded that Abrego is a flight risk:
The insufficiency of this evidence is underscored by what is not in the record that normally warrants a finding that a defendant is at risk for nonappearance. The Government has presented no evidence that Abrego has failed to appear for court proceedings in the past, that he failed to abide by the protective orders Ms. Vasquez took out against him, or that he has otherwise ever shown a pattern of disrespect for the law. Nor has the Government presented evidence that Abrego has the financial means to finance flight, even if he wanted to. To the contrary, the Court has evidence before it that suggests that if the Court released Abrego on conditions, he would comply. As the Pretrial Services Report demonstrates, Abrego has reported to an ICE officer on four separate occasions from October 23, 2020 to January 2, 2024. Further, as the THP body camera footage from November 30, 2022 demonstrates, when Abrego was pulled over that night, although not fully truthful, he did not flee or attempt to flee, was cooperative, answered the officer’s questions, and provided the officer with the information requested to the extent he was able to do so. This cuts against the notion that Abrego disrespects the law so much that he would voluntarily avoid future court proceedings or court orders if released.
Perhaps more importantly, the judge sees no reason to believe that Abrego is “a danger to the community.”
As the Court discussed above, the Government’s general statements about the crimes brought against Abrego, and the evidence it has in support of those crimes, do not prove Abrego’s dangerousness. See supra, Section III.B.2.a. Although the Government has presented evidence by a preponderance that Abrego transported minors, there is no solid evidence in the record indicating any of them, or others transported, were physically or emotionally harmed by Abrego. And Abrego is correct that these crimes are not those that are considered typically violent such that a presumption of detention is warranted. See supra, Section III.B.2.a. While the Court does give some weight to Agent Joseph’s testimony that CW-1 and CW-1 stated Abrego was involved with guns and drugs while participating in the human smuggling conspiracy, the Court notes that this testimony was based on witness statements that evolved throughout the interview process, and so it alone cannot show that Abrego is a danger to the community such that he cannot be released.
Those “evolving” witness statements are detailed by the court and make the claims by the informant—again who asked for and received protections from the US government for making these claims against Abrego—look pretty sketchy.
Indeed, the court calls out the DOJ’s “poor attempts” to claim that Abrego is a high-ranking member of MS-13. Or even connected to MS-13 at all, saying that the DOJ’s argument “border[ed] on fanciful.”
Nor does the Government’s poor attempts to tie Abrego to MS-13 get it there. Of the three witnesses Agent Joseph testified about that discussed Abrego’s purported affiliation with MS-13, the closest any of them come to stating that Abrego is a member of MS-13 is two witnesses stating he was “familial” with gang members and a third witness stating she “believed” him to be a member. Entirely absent from the record, however, are any indications that such “belief” is rooted in fact or that such “familial” nature came from his actual membership in or support of MS-13 rather than the simple fact that he, like many members of MS-13, is El Salvadorian. For instance, there is no evidence before the Court that Abrego: has markings or tattoos showing gang affiliation; has working relationships with known MS-13 members; ever told any of the witnesses that he is a MS-13 member; or has ever been affiliated with any sort of gang activity.12 To the contrary, Agent Joseph presented testimony based on statements from cooperating witnesses that Abrego transported both Barrio 18 and MS-13 members alike, and was cordial with both during those trips. This cuts against the already slim evidence demonstrating Abrego is a member of MS-13. Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful.
The magistrate judge on that same case (the one who initially argued Abrego should be freed) has put a 30-day stay on the ruling to allow the government to appeal (meaning that Abrego Garcia will spend today, which apparently is his 30th birthday, still detained).
Around the same time, over in Maryland, Judge Paula Xinis, who is handling the original Abrego case (the “facilitate his return” case), issued an order saying that Abrego needs to be returned to Maryland, but more importantly put a ton of restrictions on the federal government not to fuck with Abrego:
By Order of this Court, Defendants (1) are prohibited from taking Abrego Garcia into immediate ICE custody in Tennessee; (2) must restore him to his ICE Order of Supervision in Baltimore; and (3) if they initiate third-country removal proceedings, must provide seventy-two (72) business hours’ notice to Abrego Garcia and his counsel of the intended third country, as more fully detailed below.
Judge Xinis reminds everyone how badly the DOJ fucked around on this case and notes in passing that sanctions are still on the line.
For three months after this Court issued the injunction, Defendants disclaimed any authority to facilitate his return and disregarded court orders. Defendants’ defiance and foot-dragging are, to be sure, the subject of a separate sanctions motion. ECF No. 195. The Court will not recount this troubling history in detail, other than to note Defendants’ persistent lack of transparency with the tribunal adds to why further injunctive relief is warranted.
Eventually, on June 6, 2025, Defendants returned Abrego Garcia much the same way they had removed him—in secret and with no advance notice. Nonetheless, he is back, and the first part of this Court’s injunctive relief has been met. But Defendants have demonstrated no appetite for fulfilling the second part: to restore Abrego Garcia to the status quo ante.
In a footnote, Judge Xinis separately notes that to this day, the government hasn’t even explained how Abrego got back and no one in the government—at any point—informed his family or lawyers, who all found out about it on the news.
The judge isn’t saying that the government can’t start immigration proceedings against him, but that it must actually allow for the kind of due process he’s been denied this year:
That said, once Abrego Garcia is restored to ICE supervision in this District, he may be ordered to appear at the Baltimore Field Office for commencement of immigration proceedings, and these proceedings may or may not include lawful arrest, detention and eventual removal. So long as such actions are taken within the bounds of the Constitution and applicable statutes, this Court will have nothing further to say.
But Judge Xinis wasn’t born yesterday. She knows how much the DOJ has been lying to her.
Defendants have done little to assure the Court that absent intervention, Abrego Garcia’s due process rights will be protected.
And this is where McLaughlin’s immediate violation becomes so telling. Rather than acknowledge the judicial findings or express any intent to comply with court orders, DHS doubled down on the same fabricated narrative that judges have systematically dismantled.
McLaughlin’s tweets weren’t just inappropriate—they were a confession. Hours after one judge ordered Abrego’s release and another explicitly prohibited DHS from taking him into ICE custody, McLaughlin declared he “will never walk America’s streets again”—publicly announcing the government’s intent to violate both orders.
Separately, Abrego’s lawyers filed a motion with Judge Crenshaw arguing that McLaughlin’s statements violate local court rules designed to protect defendants’ right to a fair trial. The filing makes clear this isn’t just about inappropriate tweeting:
These are exactly the kinds of statements that Local Criminal Rule 2.01 recognizes are likely to prejudice Mr. Abrego’s right to a fair trial, as Mr. Abrego has already argued about similar statements the government has made. (See Dkt 69 at 11-13; Dkt 94 at 2). The government has persisted in its efforts to use press statements outside of court to persuade the public of its allegation that Mr. Abrego is a member of MS-13—an allegation the Court described, just yesterday, as “border[ing] on the fanciful.” (Dkt. 95 at 32). These repeated public statements are likely to taint the jury pool. They are likely to endanger Mr. Abrego and his family. And they violate this Court’s Local Criminal Rules and Mr. Abrego’s due process rights.
Indeed, McLaughlin’s unhinged tweets seem only likely to help Abrego, as it makes it clear that since the government can’t stop lying about him, there’s no way he can get a fair trial.
But the real story here isn’t legal strategy—it’s the gleeful lawlessness on display. This isn’t bureaucratic incompetence or even garden-variety cover-ups. This is a government so committed to never admitting error that they will fabricate evidence, defy court orders, and publicly attack federal judges rather than acknowledge they accidentally trafficked an innocent man to a torture camp.
The cruelty isn’t a bug, it’s a feature. McLaughlin’s tweets weren’t a communications mistake—they were a deliberate middle finger to two federal courts and a public declaration that this administration considers itself above judicial oversight. They’d rather destroy one man’s life than admit their “mass deportation” strategy is a lawless mess that sends innocent people to be tortured.
That’s not just evil. It’s really fucking stupid evil, performed for an audience that cheers when government officials brag about ignoring judges. And that should terrify anyone who thinks courts might someday protect them from an out-of-control executive branch.
Filed Under: abrego garcia, dhs, doj, maryland, ms-13, paula xinis, tennessee, tricia mclaughlin, waverly crenshaw
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