The ongoing legal battle surrounding Kilmar Abrego Garcia has escalated as the federal judge presiding over the case expressed significant frustration with the Trump administration's attempts to hinder the search for answers regarding his return from El Salvador. During a lengthy hearing in Greenbelt, Maryland, US District Judge Paula Xinis criticized the government's lack of transparency and cooperation in complying with her earlier directives.
Approximately a month prior, Judge Xinis had authorized expedited fact-finding to ascertain the measures being taken by the government to facilitate Abrego Garcia's return to the United States. However, since that ruling, the Trump administration has faced accusations of stonewalling from the Justice Department and other officials, complicating the legal proceedings significantly.
The administration has cited multiple privileges, including state secrets, to prevent the release of documentation and to shield officials from providing testimony under oath. During the hearing, Judge Xinis expressed skepticism regarding a declaration from Secretary of State Marco Rubio, which was intended to justify the invocation of state secrets. “Where I am right now is this affidavit is sufficiently unclear,” she articulated, emphasizing the inadequacy of the government’s explanation. “This is basically ‘take my word for it.’”
Judge Xinis urged the Executive Branch to be more forthcoming, stating, “I’m asking – really, in good faith – for the Executive Branch to do a little more to show its work for why the privilege works.” Following the hearing, she ordered the unsealing of Rubio’s declaration and requested an updated version that includes more detailed justifications for the privilege claim. Furthermore, she granted Abrego Garcia's attorneys the authority to depose additional officials from the Trump administration.
Historically, courts have acknowledged the federal government's right to restrict access to sensitive information, often granting previous administrations broad discretion. Nevertheless, longstanding Supreme Court rulings necessitate that judges evaluate whether the privilege has been properly invoked. The Justice Department contended that providing the requested information would jeopardize U.S. foreign relations and national security, potentially discouraging cooperation from El Salvador and other allies.
During the proceedings, DOJ attorney Jonathan Guynn defended the adequacy of Rubio’s declaration, claiming it contained substantial information. However, Judge Xinis was unconvinced, characterizing the submission as “very, very general” and reiterating her need for specific evidence to review. She expressed astonishment that the Justice Department had only presented Rubio’s declaration, especially since the deposed officials were from the Department of Homeland Security, not the State Department. “I’m really quite stunned,” she remarked, questioning the validity of the arguments presented by the government.
Judge Xinis indicated that she may request an in camera review of the contested information, allowing her to determine the legitimacy of the privilege claim. During the hearing, it was mentioned that the administration had received updates from El Salvador regarding Abrego Garcia, including comments about his physical well-being, which seemed aimed at countering allegations of mistreatment in prison.
Throughout the hearing, Abrego Garcia's attorney, Andrew Rossman, voiced his concerns about the government's compliance with the court's orders, asserting that the administration's claims were misleading. He expressed his reluctance to grant the government additional time to submit declarations supporting their state secrets assertion, citing previous opportunities they had in a related case. “I cannot in good conscience – with my duties to my clients – consent to giving them a second bite at the apple,” Rossman stated, emphasizing the urgency of the situation.
This ongoing legal battle highlights the complexities involved in cases where national security and individual rights intersect, further complicating the path to Kilmar Abrego Garcia's potential return to the United States.
