April 14, 2025
Today, U.S. president Donald J. Trump met in the Oval Office with the president of El Salvador, Nayib Bukele, along with a number of Cabinet members and White House staff, who answered questions for the press. The meeting appeared to be as staged as Trump’s February meeting with Ukraine president Volodymyr Zelensky, designed to send a message. At the meeting, Trump and Bukele, who is clearly doing Trump’s bidding, announced they would not bring Kilmar Abrego Garcia home, defying the U.S. Supreme Court.
Bukele was livestreaming the event on his official X account and wearing a lapel microphone as he and Trump walked into the Oval Office, so Trump’s pre-meeting private comments were audible in the video Bukele posted. “We want to do homegrown criminals next…. The homegrowns.” Trump told Bukele. “You gotta build about five more places.” Bukele appeared to answer, “Yeah, we’ve got space.” “All right,” Trump replied.
Rather than being appalled, the people in the room—including Vice President J.D. Vance, Secretary of State Marco Rubio, and Attorney General Pam Bondi—erupted in laughter.
At the meeting, it was clear that Trump’s team has cooked up a plan to leave Abrego Garcia without legal recourse to his freedom, a plan that looks much like Trump’s past abuses of the legal system. The White House says the U.S. has no jurisdiction over El Salvador, while Bukele says he has no authority to release a “terrorist” into the U.S. (Abrego Garcia maintains a full-time job, is married to a U.S. citizen, has three children, and has never been charged or convicted of anything.) No one can make Trump arrange for Abrego Garcia’s release, the administration says, because the Constitution gives the president control over foreign affairs.
Marcy Wheeler of Empty Wheel noted that “all the people who should be submitting sworn declarations before [U.S. District Court] Judge Paula Xinis made comments not burdened by oaths or the risk of contempt, rehearsed comments for the cameras.” They falsely claimed that a court had ruled Abrego Garcia was a terrorist, and insisted the whole case was about the president’s power to control foreign affairs.
As NPR’s Steven Inskeep put it: “If I understand this correctly, the US president has launched a trade war against the world, believes he can force the EU and China to meet his terms, is determined to annex Canada and Greenland, but is powerless before the sovereign might of El Salvador. Is that it?”
On April 6, Judge Xinis wrote that “there were no legal grounds whatsoever for [Abrego Garcia’s] arrest, detention, or removal.… Rather, his detention appears wholly lawless.” It is “a clear constitutional violation.” The Supreme Court agreed with Xinis that Abrego Garcia had been illegally removed from the U.S. and must be returned, but warned the judge to be careful of the president’s power over foreign affairs.
At the Oval Office meeting, when Trump asked what the Supreme Court ruled, deputy White House chief of staff Stephen Miller said it had ruled “9–0…in our favor,” claiming “the Supreme Court said that the district court order was unlawful and its main components were reversed 9–0 unanimously.” Legal analyst Chris Geidner of Law Dork called Miller’s statement “disgusting, lying propaganda.”
He also noted that when the administration filed its required declaration about Abrego Garcia’s case today, it included a link to the Oval Office meeting, thus submitting Miller’s lies about its decision directly to the Supreme Court. Geidner wished the administration's lawyers: “Good luck there…!”
Legal analyst Harry Litman of Talking Feds wrote: “What we all just witnessed had all the earmarks of a criminal conspiracy to deprive Abrego-Garcia of his constitutional rights, as well as an impeachable offense. The fraud scheme was a phony agreement engineered by the US to have Bukele say he lacks power to return Abrego Garcia and he won't do it.”
As Adam Serwer wrote today in The Atlantic, The “rhetorical game the administration is playing, where it pretends it lacks the power to ask for Abrego Garcia to be returned while Bukele pretends he doesn’t have the power to return him, is an expression of obvious contempt for the Supreme Court—and for the rule of law.”
Serwer notes that if the administration actually thought there was enough evidence to convict these men, it could have let the U.S. legal process play out. But Geidner of Law Dork noted that Trump’s declaration this morning that he wanted to deport “homegrown criminals” suggests that the plan all along has been to be able to get rid of U.S. citizens by creating a “Schroedinger’s box” where anyone can be sent but where once they are there the U.S. cannot get them back because they are “in the custody of a foreign sovereign.”
“If they can get Abrego Garcia out of the box,” Geidner writes, “the plan does not work.”
On August 12, 2024, in a discussion on billionaire Elon Musk’s X of what Trump insisted were caravans coming across the southern border of the U.S., Trump told Musk that other countries were doing something “brilliant” by sending streams of people out of their country. “You know the caravans are coming in and…who’s doing this are the heads of the countries. And you would be doing it and so would I, and everyone would say ‘oh what a terrible thing to say.’”
He continued: “The fact is, it’s brilliant for them because they're taking all of their bad people, really bad people and—I hate to say this—the reason the numbers are much bigger than you would think is they’re also taking their nonproductive people. Now these aren’t people that will kill you…but these are people that are nonproductive. They are just not productive, I mean, for whatever reason. They’re not workers or they don’t want to work, or whatever, and these countries are getting rid of nonproductive people in the caravans…and they’re also getting rid of their murderers and their drug dealers and the people that are really brutal people….”
Scholar of authoritarianism Timothy Snyder explained the larger picture: “On the White House’s theory, if they abduct you, get you on a helicopter, get to international waters, shoot you in the head, and drop your corpse into the ocean, that is legal, because it is the conduct of foreign affairs.” He compared it to the Nazis’ practice of pushing Jews into statelessness because “[i]t is easier to move people away from law than it is to move law away from people. Almost all of the killing took place in artificially created stateless zones.”
Yesterday, Senator Chris Van Hollen (D-MD) requested a meeting with Bukele today “to discuss the illegal detention of my constituent, Kilmar Abrego Garcia.” He said that he would travel to El Salvador this week if Abrego Garcia “is not home by midweek.”
Judge Xinis has set the next hearing in Abrego Garcia’s case for tomorrow, April 15, at 4:00 p.m.
Today, Dauphin County Magisterial District Judge Dale Klein denied bail for Cody Balmer, the 38-year-old man charged in connection with the arson attack on the home of Pennsylvania governor Josh Shapiro on April 13, saying he is a danger to the community. Balmer allegedly set alight beer bottles full of gasoline in the same room in the governor's mansion where, just hours before, the family had held a Passover meal. Shapiro and his wife Lori, their four children, and another family were asleep in the house. Emergency personnel rescued the people and pets, but the historic mansion sustained significant damage.
Balmer said he has a high-school education. He is currently unemployed, does not have any income or savings, and has been living with his parents. Balmer was charged with assault in 2023, allegedly punching both his wife (from whom he is now separated) and their 13-year-old son in the face during an argument. He was due in court this week. His mother says he has mental health issues.
Balmer said he “harbor[ed] hatred” for Governor Shapiro and would have beaten him with a hammer if he had found him.
Governor Shapiro called it “an attack not just on our family, but on the entire Commonwealth of Pennsylvania…. This type of violence is not okay. This kind of violence is becoming far too common in our society. And I don’t give a damn if it’s coming from one particular side or the other, directed at one particular party or another, or one particular person or another. It is not okay and it has to stop. We have to be better than this. We have a responsibility to all be better.”
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Notes:
https://www.cnn.com/politics/live-news/trump-presidency-tarrifs-bukele-visit-04-14-25/index.html
https://www.theatlantic.com/politics/archive/2025/04/bukele-trump-court-order/682432/
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.31.0.pdf
https://www.cnn.com/2025/04/14/us/pennsylvania-governor-arson-what-we-know-hnk/index.html
https://www.emptywheel.net/2025/04/14/what-trump-wants-from-the-nayib-bukele-presser/
CNN video:
2025/04/13/us/video/governor-josh-shapiro-pennsylvania-residence-fire-arson-speech-digvid
Bluesky:
marisakabas.bsky.social/post/3lmrzhj4nzk2x
msmalarkey24.bsky.social/post/3lgensrxpa22w
acyn.bsky.social/post/3lms3y2hcdv27
chrisgeidner.bsky.social/post/3lmsmeben5k2m
harrylitman.bsky.social/post/3lms6l5glhs2g
timothysnyder.bsky.social/post/3lmsvkbpvik2g
X:
realDonaldTrump/status/1823144316014911820?lang=en comments begin at 1:24.
In 1841, former President John Quincy Adams successfully argued before the Supreme Court in the Amistad case that captured African slaves should not be sent out of the country for trial.
"If the President has the power to do it in the case of Africans, and send them beyond seas for trial, he could do it by the same authority in the case of American citizens."
is it conceivable that the Roberts Court as weak as it is will let this stand? If it does, then any legitimacy for the Roberts court is finished. Forever.