The Deportation of Kilmar Armando Abrego Garcia

[OrangeTsar]

More specifically, you would argue that the executive branch can simply set aside a judicial branch ruling by not enforcing it?

Isn't that the definition of a Constitutional crisis partner?

SPOILER: YES.

As the executive branch is a co equal branch government, no one can force them to take any particular action. Now throughout the nations history, the executive has pretty much submitted to the judicial but there is no enforcement mechanism to compel them to do so. Not good it happens; but Constitutionally, there is nothing to prevent it.
It becomes a game of rock paper scissors between the three branches if push comes to shove. The judiciary’s ONLY power rests in respect for its authority. There has always been the danger all the way back to Andrew Jackson that the executable simply not provide that respect.

 

[hog88]

More specifically, you would argue that the executive branch can simply set aside a judicial branch ruling by not enforcing it?

Isn't that the definition of a Constitutional crisis partner?

SPOILER: YES.

Yes, it's happened before.

No, I wouldn't consider it a constitutional crisis. There is a 3rd branch of government that can settle the dispute.

 

[MontyPython]

As the executive branch is a co equal branch government, no one can force them to take any particular action. Now throughout the nations history, the executive has pretty much submitted to the judicial but there is no enforcement mechanism to compel them to do so. Not good it happens; but Constitutionally, there is nothing to prevent it.
It becomes a game of rock paper scissors between the three branches if push comes to shove. The judiciary’s ONLY power rests in respect for its authority. There has always been the danger all the way back to Andrew Jackson that the executable simply not provide that respect.

So... you wanna live under Rule of Law or... Executive Branch simply makes up the rules as we shuffle forward?

Mhhmmmm.

The day the Executive Branch and our President starts making law... this experiment in democracy is kaput.

 

[OrangeTsar]

It would be a Constitutional crisis of Trump's making should he pit the Director of the Marshals service against the DOJ, attempting to carry out the lawful order of the court, by having Pam Bondi order him to refuse to do so.

An Attorney General with integrity would refuse to do such a thing, but it's Pam Bondi we're talking about so...

Sort of like AG Garland ignoring all Congressional referrals for contempt of Congress during the Biden years. Or Obama‘s AG Holder not arresting himself on contempt of Congress charges? THAT kind of integrity?

 

[hog88]

Sort of like AG Garland ignoring all Congressional referrals for contempt of Congress during the Biden years. Or Obama‘s AG Holder not arresting himself on contempt of Congress charges? THAT kind of integrity?

How soon they forget

 

[Orangeburst]

8 U.S.C. § 1324 – “Any person who, knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever…knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law….[may] be fined [and] imprisoned not more than ten years, or both.”

 

[OrangeTsar]

So... you wanna live under Rule of Law or... Executive Branch simply makes up the rules as we shuffle forward?

Mhhmmmm.

The day the Executive Branch and our President starts making law... this experiment in democracy is kaput.

The judiciary cannot „make law“ either. That is job of Congress.

 

[Orangeslice13]

That's one potential scenario. There are many.

Being in contempt of court is nothing to sneeze at. I'm sure you know that.

We'll see what happens.

Nothing is going to happen

 

[Wireless1]

Sort of like AG Garland ignoring all Congressional referrals for contempt of Congress during the Biden years. Or Obama‘s AG Holder not arresting himself on contempt of Congress charges? THAT kind of integrity?

Janet Reno raises her hand

 

[BeardedVol]

The US Marshal Service is a branch of the DOJ which is part of the executive branch.

Again I say, the judicial branch of our government is dependent on the executive branch to enforce it's rulings/orders. Now, a battle between the judicial branch and the executive shouldn't happen but it has several times in our history. Even some of our "best" presidents have gone much further than Trump in ignoring, threatening and chastising the federal judiciary.

Who is charged to carry out the courts orders. A federal judge finding a DOJ attorney in contempt, and giving a lawful order for the attorney to be held, would still fall to the U.S, Marshals to carry out. If Pam Bondi, in her capacity as Attorney General attempts obstruct the Marshals from enforcing a lawful order from a federal judge, then she's going to open herself up to impeachment, or she would if the House wasn't chocked full of republicans that fear being primaried more than they care about the Constitution.

What We Do—Duties and Operations | U.S. Marshals Service

The United States Marshals Service occupies a uniquely central position in the federal justice system. It is the enforcement arm of the federal courts and is

www.usmarshals.gov

 

[Orangeslice13]

Fire him and replace him with an employee who will abide by the Rule of Law.

Gosh that was hard. Next!

Who’s going to fire the chief?
And what if that person is also on board with not enforcing the ruling?


I repeat.

Nothing is going to happen

 

[Orangeslice13]

It’s not lost on me that those who ignored the Biden and Obama administration regularly ignoring judicial orders now think that there’s a constitutional crisis.

It’s like people are completely ignorant of history.
Everyone should take a look at each president and how they have interacted with the courts. Start with Abraham Lincoln

 

[Orangeburst]

Truffle alert..here comes Hog..lol

 

[hog88]

Who is charged to carry out the courts orders. A federal judge finding a DOJ attorney in contempt, and giving a lawful order for the attorney to be held, would still fall to the U.S, Marshals to carry out. If Pam Bondi, in her capacity as Attorney General attempts obstruct the Marshals from enforcing a lawful order from a federal judge, then she's going to open herself up to impeachment, or she would if the House wasn't chocked full of republicans that fear being primaried more than they care about the Constitution.

View attachment 740211

What We Do—Duties and Operations | U.S. Marshals Service

The United States Marshals Service occupies a uniquely central position in the federal justice system. It is the enforcement arm of the federal courts and is

www.usmarshals.gov

Nothing happened to Holder when he refused to enforce contempt of congress orders.

Precedent is set, and it was done by your guys.

 

[tim]

Nothing happened to Holder when he refused to enforce contempt of congress orders.

Precedent is set, and it was done by your guys.

Isn’t it always “started” by their guys?

 

[Orangeburst]

 

[Ritzwatch]

Very well written article. Thanks for posting .

 

[CagleMtnVol]

 

[whodeycin85]

Starting to see more and more why he is still in prison in ES. I'll bet it'll come out that he has a warrant or something there

 

[Vol8188]

Of all the accusations this one is the most meaningless.

 

[Franklin Pierce]

Maryland’s Glenn Ivey Latest Democrat Lawmaker Attempting to Visit Alleged Gang Member Deported to El Salvador​

Rep. Glenn Ivey (D-MD) on Monday became the latest Democrat to attempt to visit an alleged MS-13 gang member deported to El Salvador.

Ivey said officials denied him entry to visit Kilmar Abrego Garcia, an alleged MS-13 gang member who was deported from the United States.

Ivey wrote, “Today, I was denied access to seeing my constituent, Mr. Kilmar Abrego Garcia. If there is nothing to hide, cut the crap. Let his lawyer and I [sic] check on him.”

Many outlets have noted that Abrego Garcia is not a U.S. citizen nor a legal resident of the United States.

Maryland's Glenn Ivey Latest Dem Lawmaker Attempting to Visit Alleged Gang Member Deported to El Salvador

Rep. Glenn Ivey (D-MD) on Monday became the latest Democrat to attempt to visit an alleged MS-13 gang member deported to El Salvador.

www.breitbart.com

 

[MontyPython]

I decided to take the 50 mile jaunt on my yacht from West Palm Beach to go fishing for wahoo near Bimini, Bahamas. Left in the morning and planned to return late afternoon. As my craft makes 35 knots in good seas, we're talking an 1.5 hour trip each way. While fishing the reefs of Bimini, one of my engines stalls and I can't restart it. I putt into Bimini harbor for repairs. Bahamian Coast Guard escorts me into port. Tie up my craft at the dock. Coast Guard members arrive, question me and ask for my passport. Don't have one. Never had one. Bahamian Coast Guard arrests me. Takes me into custody. Puts me on a plane and flies me back to the US without a hearing or any legal proceeding. Well at least I'm going back to the good old US of A. Not exactly. The Bahamian plane arrives in Colorado instead of Florida. Florence, Colorado to be exact. I'm put in shackles and escorted from the plane to the US Supermax prison in Florence and thrown in a cell. Yet, I've committed no crime other than being in the Bahamas without a passport and I have no criminal record. I sit in prison for months. My wife and children are prohibited from ever visiting me. I remain a prisoner in my home country of the United States without ever having been charged with a crime.

Absurd story right?

Yet its basis is precisely what has happened to Mr. Garcia. A man whose only crime was to be in our country without proper documentation. And now he rots in a prison in El Salvador.

No matter if Garcia is an MS13 member, beat his wife, transported folks across state lines, failed to put the toilet seat down for his wife, whatever... Garcia deserves legal process. He's been denied Habeas Corpus.

Our country is responsible for this mess and has already admitted that its deportation of Garcia was an "administrative error".

This situation stinks to high heaven and must be fixed. We broke it, we need to fix it.

 

[Vol8188]

I decided to take the 50 mile jaunt on my yacht from West Palm Beach to go fishing for wahoo near Bimini, Bahamas. Left in the morning and planned to return late afternoon. As my craft makes 35 knots in good seas, we're talking an 1.5 hour trip each way. While fishing the reefs of Bimini, one of my engines stalls and I can't restart it. I putt into Bimini harbor for repairs. Bahamian Coast Guard escorts me into port. Tie up my craft at the dock. Coast Guard members arrive, question me and ask for my passport. Don't have one. Never had one. Bahamian Coast Guard arrests me. Takes me into custody. Puts me on a plane and flies me back to the US without a hearing or any legal proceeding. Well at least I'm going back to the good old US of A. Not exactly. The Bahamian plane arrives in Colorado instead of Florida. Florence, Colorado to be exact. I'm put in shackles and escorted from the plane to the US Supermax prison in Florence and thrown in a cell. Yet, I've committed no crime other than being in the Bahamas without a passport and I have no criminal record. I sit in prison for months. My wife and children are prohibited from ever visiting me. I remain a prisoner in my home country of the United States without ever having been charged with a crime.

Absurd story right?

Yet its basis is precisely what has happened to Mr. Garcia. A man whose only crime was to be in our country without proper documentation. And now he rots in a prison in El Salvador.

No matter if Garcia is an MS13 member, beat his wife, transported folks across state lines, failed to put the toilet seat down for his wife, whatever... Garcia deserves legal process. He's been denied Habeas Corpus.

Our country is responsible for this mess and has already admitted that its deportation of Garcia was an "administrative error".

This situation stinks to high heaven and must be fixed. We broke it, we need to fix it.

Your analogy forgot to add in the numerous court appearances he’s had and you forgot to add the part about coming here illegally

 

[C-south]

I decided to take the 50 mile jaunt on my yacht from West Palm Beach to go fishing for wahoo near Bimini, Bahamas. Left in the morning and planned to return late afternoon. As my craft makes 35 knots in good seas, we're talking an 1.5 hour trip each way. While fishing the reefs of Bimini, one of my engines stalls and I can't restart it. I putt into Bimini harbor for repairs. Bahamian Coast Guard escorts me into port. Tie up my craft at the dock. Coast Guard members arrive, question me and ask for my passport. Don't have one. Never had one. Bahamian Coast Guard arrests me. Takes me into custody. Puts me on a plane and flies me back to the US without a hearing or any legal proceeding. Well at least I'm going back to the good old US of A. Not exactly. The Bahamian plane arrives in Colorado instead of Florida. Florence, Colorado to be exact. I'm put in shackles and escorted from the plane to the US Supermax prison in Florence and thrown in a cell. Yet, I've committed no crime other than being in the Bahamas without a passport and I have no criminal record. I sit in prison for months. My wife and children are prohibited from ever visiting me. I remain a prisoner in my home country of the United States without ever having been charged with a crime.

Absurd story right?

Yet its basis is precisely what has happened to Mr. Garcia. A man whose only crime was to be in our country without proper documentation. And now he rots in a prison in El Salvador.

No matter if Garcia is an MS13 member, beat his wife, transported folks across state lines, failed to put the toilet seat down for his wife, whatever... Garcia deserves legal process. He's been denied Habeas Corpus.

Our country is responsible for this mess and has already admitted that its deportation of Garcia was an "administrative error".

This situation stinks to high heaven and must be fixed. We broke it, we need to fix it.

Had you supposed to have been deported years prior but decided to live on a prayer from some inept judge only to eventually meet the reality of the situation and then cry about it?

 

[MontyPython]

Your analogy forgot to add in the numerous court appearances he’s had and you forgot to add the part about coming here illegally

Nothing was omitted. Garcia was wrongly deported without a hearing. To a country where he was legally barred from being deported. He was here illegally just as someone without a passport is in the Bahamas illegally. Zero. Difference.