In a scathing rebuke towards the Trump administration, a federal appeals court criticized its refusal to free Kilmar Abrego Garcia from an El Salvador prison and bring him back to the U.S. The three-judge panel from the 4th U.S. Circuit Court of Appeals firmly stood by a judge’s decision to demand sworn testimony from administration officials to verify compliance with facilitating Abrego Garcia’s return.
Judge J. Harvie Wilkinson III, along with his colleagues, expressed hope that the Executive Branch values the rule of law, emphasizing the case as an opportunity to uphold this fundamental American principle. The court’s order not only condemned the administration’s stance in Abrego Garcia’s case but also warned of the detrimental impact of escalating tensions between the judiciary and executive branches.
President Donald Trump’s evasive response to questions about Abrego Garcia’s due process rights further highlighted the administration’s stance. Despite the Supreme Court’s directive for the government to work on bringing Abrego Garcia back, the Justice Department’s appeal and resistance to cooperate were met with criticism by the appeals court.
The panel rejected the government’s request for a stay on the judge’s order, emphasizing respect for the judiciary’s efforts to implement the Supreme Court’s decision. The court’s stance challenges the administration’s assertion of Article II powers and emphasizes the need for due process, even in cases where the government alleges gang affiliation.
Overall, the court’s firm stance underscores the importance of upholding the rule of law and due process, even in the face of political resistance. The administration’s actions in the Abrego Garcia case are portrayed as a threat to the constitutional order and the principles of justice.