Trump Says He Could Free Abrego Garcia From El Salvador, but Won’t
www.nytimes.com
Trump’s comments undermined previous statements by his top aides and were a blunt sign of his administration’s intention to double down and defy the courts.
  • Sonicdemon86@lemmy.worldEnglish
    7·
    3 days ago

    The state that he was taken in should file charges, the states that he flew over should file charges, the state where he was put on a plane to El Salvador should file charges. Simply the states should charge those involved since the federal doj won’t do it.

    • Zak@lemmy.world
      7·
      3 days ago

      As I said in the previous comment, state prosecutors would be unsuccessful due to the supremacy clause. State kidnapping laws cannot punish Federal officials for deporting foreigners in accordance with Federal law, or with a good faith belief that they are enforcing Federal law.

      Federal court orders can, of course make a deportation illegal, and did in this case. Still, criminal contempt would only apply to officials who knew about the court order, which has not been alleged with regard to the initial decision to deport Abrego Garcia. There was, however a separate order from judge Boasberg to turn the planes around. As yet unnamed officials who knew about that order and had the ability to carry it out discussed it and decided not to obey. They are guilty of criminal contempt.