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Sam Sty
Hey guys, me Sam Sty, managing editor at the Book. I'm here with Adam klusfeld of all risenews.com he is an expert in all things legal and he happens to be religiously following the Kilmar Abrego Garcia trial that's happening now in Tennessee. There's a big ruling yesterday, although I'm not sure what the actual ramifications of the ruling are, but real embarrassment to the Justice Department and we're going to get into all that. Before we do. Subscribe to the feed. You were in Tennessee. You've been following this this case. Give us a little background before we get into the ruling that was issued yesterday.
Adam Klusfeld
So the background is Kilmar Abreco Garcia had been in a foreign prison in El Salvador for about three months until sometime in the after the Supreme Court's ruling to facilitate his return, there was a secret investigation that started over a 2020 stop at a it was a traffic stop over speeding it. Nothing came of it for many years until the Trump administration got embarrassed on the global stage. Then within a matter of weeks, Kilmar Abrego is indicted on allegations of human smuggling, smuggling undocumented immigrants, allegedly from Texas to Maryland. Now those allegations, as you mentioned, there was this major ruling yesterday, whereas the as you noted as well, the ramifications are a little bit unclear, but the judge found that the continued detention on these charges is unjustifiable. So she has set up a hearing this week to order his release with certain conditions of bail. Now, the background that you mentioned earlier about the actual ramifications of this, this might be a little situation of heads I win, tails you lose. Because during the hearing that preceded this ruling, it's a very blistering ruling. We'll go into it a little bit later. It came out that the U.S. attorney, the acting U.S. attorney for the district, revealed that if he were released, ICE would detain him and try to deport him out of the country. As a matter of fact, they tried to fashion that possibility into a reason why Kilmar Abrego may be a risk of flight. The risk of flight being the government might whisk him out.
Sam Sty
They're creating the very risk that requires him to be held in detention. Even if the judge finds that it's on pretty shaky pretenses. Let's back up for a second. Just so you know, the viewer might be able to get caught up a little bit. Kilmer Garcia was wrongfully deported to El Salvador. He was there for several months. The administration said there's just no way we can facilitate his return, even though the Supreme Court said you have to facilitate his return during that time. We suppose, although I think there's good reason to suppose, but the government's never said it, that they were creating a pretext for bringing him back, which is what you alluded to, this. Human trafficking. There's another charge in there. If I'm right or if I'm. If I'm wrong, tell me I'm wrong. But that he endangered minors as part of this operation. Correct.
Adam Klusfeld
So I'm glad you brought that up. It's not actually charged. It's something that was breezily alleged by Attorney General Pam Bondi without there being a charge. It was something that came up in the detention hearing and was witheringly rejected in this ruling.
Sam Sty
We'll get into in a second. So they. But they. They cook up, not cook up. They produce this complaint.
Adam Klusfeld
Right.
Sam Sty
Suddenly he's, you know, sent back from El Salvador to face these charges. And they. Trump administration declares that this is, you know, a great victory for justice. He's sent to Nashville. He's detained in Nashville. His legal team says he should not be detained. These charges are wrong. They plead not guilty. Which leads us to this hearing. I want to just read a portion of the judge's ruling or that that really underscores how? Well, I guess embarrassing is the right word here because I you can tell me after I read it just how unusual this denunciation is and how how much agon face the DOJ gets for this. This was highlighted by the New York Times Glint Thrush it's from the rolling says the court gives little weight to the hearsay testimony. Double hearsay through Special Agent Joseph's testimony of the first male cooperator, a two time previously deported felon and acknowledged ringleader of human smuggling operation who has now obtained for himself an early release from federal prison and a delay of a 6 deportation. By providing information to the government, essentially they're saying you flipped some guy who was just trying to get out of prison. Nor do the hearsay test statements of the second male cooperator of the issue fare any better. And as his request to release from jail and delay of another deportation depends on providing information the government finds useful again, one of their witnesses in this case against Kilmar BE Garcia is clearly conflicted. Even without discounting the weight of the testimony of the first and second male cooperators from multiple layers of hearsay, their testimony and statements defy common sense. And here's where it gets really good. Both male cooperators stated that other than three or four trips total without his children, Abrego typically took his children with him to during the alleged smuggling trips from Maryland to Houston and back some 2,900 miles round trip as often as three or four times per week. The sheer number of hours that would be required to maintain the schedule, which would consistently be more than 120 hours per week of driving time, approach physical impossibility. For that additional reason, the court finds that the statements of the first and second male court cooperators are not reliable to establish that this case, quote, involves a minor victim. Hey guys, it's summertime and we're all getting out and enjoying ourselves a little bit more. But if you're like me, you don't want to be drinking your calories or waking up with a hangover. And that is especially true because I've got to get up the next day and deal with my kids. I love them, I love them, I love my kids. But I also want to be perfect for our bulwark takes. So that's why I've been reaching out for Sol's out of office gummies instead. The perfect little lift to keep the good vibes going and they give me that kind of light social buzz, but without the hangover. Sol is a wellness brand that believes feeling good should be fun and Easy. SOL specializes in delicious hemp derived THC and CBD products that are designed to boost your mood and help you unwind. Their best selling out of Office gummies were designed to provide a mild, relaxing buzz, also to enhance your creativity and frankly, to give you a little relaxation. The out of Office gummies come in four different strengths so you can find the perfect dose that matches your vibe. You can choose from a gentle microdose, a perfect buzz, a noticeable high, or a fully lit experience, which we call the Tim Miller Special. SOL has so many other amazing wellness products with or without thc, including a variety of gummies and capsules that can improve your sleep, help you with your stress, alleviate some pain, or just help you focus. So bring on the good vibes and treat yourself to Seoul today. Right now, Seoul is offering our audience 30% off your entire order. Yeah, you heard that right. You're not high on Soul's gummies right now. 30% off your entire order. Go to get soul.com use the code bulwark takes. That's getsold.com promo code bulwark takes for 30% off. You'll love it. All right, Adam. I think it speaks for itself, but I've never read anything that thoroughly of a debunking in a file like this.
Adam Klusfeld
It's absolutely remarkable. It's an abject humiliation of Trump's doj. That particular passage. I'll give folks a little bit of an insight to the hearing where that came out. There was a cross examination of the FBI agent that the judge alluded to in that passage. And, and during the cross examination, Mr. Abrego's defense attorney asked him, do you have children? And he said yes. Well, what happens during long car rides? They get a little antsy and they started recreating what this trip would look like. Goes all the way from Maryland to Texas, then goes back on Tuesday. Then on Thursday, they go all the way back to Texas, and on Friday, go back to Maryland. And keep in mind, Mr. Abrego has three special needs kids. The testimony of these cooperating witnesses is that the kids and his wife were almost always with them, except for a handful of times. And as she said, this defies common sense. It approaches a physical impossibility. And about these cooperators, it's all in the ruling, but there are some very colorful details that I hope folks don't miss go into it. Yeah, it came out during the hearing that the first cooperator is a man by the name of Jose Ramon Hernandez Reyes, and he is a person who has convict been convicted twice of felonies, has been deported five times, was granted deferred action on deportation. So this is a Trump administration saying you're going to help us with this case against Kilmar Abrego will help you avoid deportation number six, at least for now. And he is now in a halfway house and is likely to get a work release. So that, that is the first and main witness. And by the way, this cooperating witness in his first meeting with the government said that he didn't see anything that suggested that Kilmar Abrego was a member of Ms. 13. So this is the government's star witness, a two time felon, a five time deportee who's been granted these favors by an anti immigrant administration who's getting help with his preventing deportation number six.
Sam Sty
So Adam, what happens next? I just sort of curious because obviously the judge rules this way, but the government can say, look, if he's released, we'll just detain him on a separate matter. It could potentially result in deportation. So where does the case go from here and is it even clear at the structure that Virgo Garcia's team wants him released? I would assume yes, but certainly there's got to be some complicating factors going into this.
Adam Klusfeld
I think that'll make for a very interesting hearing on Wednesday. I'll be going back to Nashville to cover it. So we'll see what happens. What is very clear is that the acting U.S. attorney said without any sort of ambiguity that they are going to try to put him into ICE custody for deportation. That was one of their arguments to avoid this humiliating ruling that they just received. Now what happens next? Abrego's now former attorneys, his federal defenders at the last hearing indicated he has some defenses against deportation if he is released. Now, the government has said he's deportable to everywhere but El Salvador. Remember, he was wrongly.
Sam Sty
That was the issue to begin with.
Adam Klusfeld
Yes, exactly. And that the issue was that he was facing persecution in, in El Salvador. But there's a concept known as chain deportation, which means, let's say the government deports him to Mexico and Mexico says, well, well, he is an A, he is from El Salvador. We're going to send him to El Salvador. That is indirectly sending him to the same persecution that he would have faced with the original whisking out of the country against the terms of a court order. So this isn't to say that if the government follows through and they're showing every, every intention to, that there won't be defenses. But let's take a step back here at the whole gamification of all this. Throughout her ruling, the Judge Holmes speaks quite eloquently about due process and defending due process, and that the entire backstory about this was that this began with the giant end run of due process that was the original. I, you know, I don't use the word deportation because he was, this was outside that process, the whisking out of the country to El Salvador now that he's back and the Trump administration brings their best evidence forward and it's a couple of cooperating witnesses with criminal records and who have, who are seeking and apparently receiving help with immigration consequences and who are even under the government's own account higher up the chain, if one even accepts that Kilmar Abrego Garcia is on this chain at all, that once they lose, once they marshal that evidence and they cannot even get him continuing detention on serious allegations ranging from the charge crimes, which are the smuggling conspiracy to the uncharged. We're going to say that, you know, the, the loose allegations that he is a sex pest or, or anything like that, all of that, that crumbles after they lose on that, to go around and say, well, we'll just avert this prosecution on these allegations entirely by deporting him. It just shows the ongoing gamification and the ongoing end run.
Sam Sty
Well, no doubt. And I'm not trying to downplay that because obviously that's the big story here, which is that.
Adam Klusfeld
Right.
Sam Sty
It's kind of a JV up, kind of, it seems like a JV operation and they're skirting the intent of law where they can. And clearly they mess this up in 18 different ways. That's very evident. And they have very little respect for due process on top of that. But I also can't avoid the very likely spectacle that he might get, you know, awarded to not be detained while this trial's pending. And the moment he steps out of the courthouse, ICE agents swoop on him and deport him. That seems very real.
Adam Klusfeld
Oh, absolutely. And you know, I'm not, I can't say for certain that's going to happen. But that's actually why this Wednesday, the hearing is scheduled for, for the judge to decree.
Sam Sty
Let me ask you quickly about that. What is the courthouse like? You've been there, you've seen it. Are there, is there any evidence of agents around the courthouse, demonstrations? Like, what is it like on the scene there?
Adam Klusfeld
There was a quite sizable demonstration outside this courthouse. It's a very modern looking courthouse. It's the for, I believe the Fred D. Thompson courthouse, named after the senator who helped come up with the question during the Watergate era, what did the president know and when did he know it there? I didn't personally observe ICE hanging around in the hallways as we've seen happen around the country in so many cases. I will certainly be on the lookout for that on Wednesday when I go to court court to see if what you described, Sam, is exactly what happens. The the conflict has been set up very clearly and it's in the opening lines of the judge's ruling. As a matter of fact, she asks is this entire exercise that it has been suggested, she said that the entire exercise is academic because either he will be released from his, you know, criminal prosecution detention into ICE detention. But to her, she said it's not academic because it is her role to uphold due process. But I think to your point, the possibility for that spectacle is high. I, I can't guarantee that that's what is in store for this Wednesday. But as I read this ruling, that is the conflict being set up right now.
Sam Sty
Well, it's both fascinating, frightening as a constitutional matter, I guess dynamic is one way to put it. But I appreciate you coming here and sharing your observations, your analysis of it. And let's get you back on after the Wednesday ruling to talk about that as well. Adam clausfeld from all risenews.com Adam, thank you so much for joining us. Really appreciate it. Thank you guys for watching. Subscribe to the feed and we'll talk to you later.
Bulwark Takes: “Abject Humiliation” Judge Shreds Trump’s DOJ; Kilmar Abrego Garcia’s Release Ordered
Release Date: June 24, 2025
In this compelling episode of Bulwark Takes, hosted by Sam Sty from The Bulwark, the spotlight is on a significant legal development involving Kilmar Abrego Garcia, a man whose case has recently exposed deep fractures within the Department of Justice (DOJ) under the Trump administration. Joining Sam is Adam Klusfeld of AllRiseNews.com, a legal expert providing in-depth analysis of the proceedings and their broader implications.
[01:30] Sam Sty:
Sam introduces the episode by welcoming Adam Klusfeld, who has been closely following the Kilmar Abrego Garcia trial in Tennessee. Sam sets the stage by mentioning a recent ruling that has caused substantial embarrassment to the DOJ, highlighting the complexity and controversial nature of the case.
[02:02] Adam Klusfeld:
Adam provides a comprehensive background of Kilmar Abrego Garcia’s ordeal. Garcia was wrongfully deported to El Salvador from the U.S., spending several months in a foreign prison until a Supreme Court intervention facilitated his return. The situation escalated when the DOJ initiated a secret investigation into a 2020 traffic stop involving Garcia for speeding, which had no substantial findings for years. This investigation resurfaced under the Trump administration, leading to Garcia’s indictment on charges of human smuggling—specifically, smuggling undocumented immigrants from Texas to Maryland.
Adam elucidates the precarious nature of the charges, noting that despite the serious allegations, a judge found Garcia’s continued detention unjustifiable, thereby scheduling a hearing to consider his release with bail conditions.
[04:04] Sam Sty:
Sam critiques the DOJ’s strategy, pointing out the irony in the government fabricating a flight risk to justify continued detention, which ironically necessitates such detention despite the shaky grounds of their claim.
[04:55] Adam Klusfeld:
Adam delves deeper into the allegations, clarifying that while there were claims by Attorney General Pam Bondi about Garcia endangering minors, these charges were never formally filed and were dismissed in the recent ruling. He emphasizes the lack of substantial evidence supporting these serious accusations.
[05:19] Sam Sty:
Sam summarizes the DOJ’s actions, portraying them as a move to detain Garcia under dubious pretenses after his wrongful deportation and highlighting the administration’s narrative of victory despite the underlying weaknesses in their case.
[09:24] Adam Klusfeld:
Adam passionately describes the judge’s ruling as a "remarkable abject humiliation" for Trump’s DOJ. He quotes the ruling, emphasizing the court’s dismissal of the DOJ’s evidence due to its unreliable nature:
“The court gives little weight to the hearsay testimony. Double hearsay through Special Agent Joseph's testimony of the first male cooperator...”
Adam highlights the problematic nature of the DOJ’s star witnesses—individuals with dubious credibility, including prior felony convictions and multiple deportations—who were granted leniency in exchange for their cooperation.
[11:55] Sam Sty:
Sam questions the next steps following the ruling, particularly the DOJ’s threat to detain Garcia on separate grounds, potentially leading to his deportation. He raises concerns about the integrity of the legal process and the likelihood of Garcia being deprived of due process.
[12:18] Adam Klusfeld:
Adam discusses the concept of "chain deportation," where deporting Garcia to another country could indirectly send him back to El Salvador, where he faces persecution—a point that complicates the DOJ’s strategy. He predicts a riveting hearing set for Wednesday, where the DOJ may attempt to enforce Garcia’s deportation despite the court’s unfavorable ruling.
[15:44] Sam Sty:
Sam criticizes the DOJ’s maneuvering, suggesting a lack of respect for due process and highlighting the multiple missteps in their case against Garcia. He speculates about the potential for ICE agents to swiftly deport Garcia immediately after a court appearance, undermining the judicial process.
[15:48] Adam Klusfeld:
Adam confirms the likelihood of such an outcome, noting the DOJ’s clear intent to circumvent the court’s decision by pursuing deportation through alternative means. He underscores the systemic issues within the DOJ, particularly under the Trump administration, where legal protocols appear to be routinely bypassed.
[16:22] Adam Klusfeld:
Providing a firsthand account, Adam describes the courthouse environment during Garcia’s trial, mentioning significant demonstrations outside and the absence of visible ICE agents inside. He anticipates a dramatic showdown in the upcoming hearing, reflecting the high stakes and the intense public interest in Garcia’s case.
[18:19] Sam Sty:
Sam wraps up the discussion by acknowledging the constitutional challenges posed by the Garcia case. He thanks Adam for his insightful analysis and hints at a follow-up discussion after the Wednesday ruling, keeping listeners engaged and anticipating future episodes.
Adam Klusfeld [09:24]:
“It's absolutely remarkable. It's an abject humiliation of Trump's DOJ.”
Adam Klusfeld [15:44]:
“It just shows the ongoing gamification and the ongoing end run.”
Sam Sty [16:22]:
“The possibility for that spectacle is high.”
Judicial Integrity vs. Political Maneuvering: The Garcia case starkly illustrates the tension between judicial decisions and political strategies within the DOJ. The judge’s ruling highlights significant flaws in the DOJ’s approach, particularly their reliance on unreliable witnesses and baseless allegations.
Due Process Under Threat: The episode underscores concerns about the erosion of due process rights, especially for individuals wrongfully deported or targeted by politically motivated investigations.
Chain Deportation: The concept of chain deportation presents a complex legal challenge, where deporting an individual to a third country effectively circumvents protections against persecution, raising serious human rights issues.
Public and Legal Accountability: The substantial public demonstrations and the media’s coverage, as highlighted by Adam, indicate a growing demand for transparency and accountability within the DOJ.
Future Developments: The forthcoming hearing is poised to be a critical juncture, potentially setting a precedent for how similar cases might be handled in the future, especially concerning the balance between national security claims and individual rights.
Bulwark Takes continues to provide incisive analysis on pressing legal and political issues, offering listeners a thorough understanding of complex cases like that of Kilmar Abrego Garcia. This episode not only sheds light on the intricacies of the American legal system but also serves as a sobering reminder of the importance of upholding justice and due process in times of political turbulence.