Trump White House Gives Middle Finger to Judge who Ruled for Deported Migrant

Summary

Bulwark Takes: Detailed Summary of "Trump White House Gives Middle Finger to Judge who Ruled for Deported Migrant"

Release Date: April 5, 2025
Host/Author: The Bulwark
Participants: Sam Stein (Managing Editor), Tim Miller

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Introduction: The Abrego Garcia Case

In the latest episode of Bulwark Takes, Sam Stein and Tim Miller delve into a controversial incident involving the wrongful deportation of Abrego Garcia, a Maryland resident. Garcia was sent to El Salvador despite a prior judicial order preventing his deportation. The case has ignited debates about the Trump administration's stance on immigration and its willingness to challenge judicial authority.

Sam Stein opens the discussion by highlighting the severity of the situation:

"[00:00] Sam Stein: ...a judge today says, you got to get him back. He was wrongfully sent there. You need to get him back."

White House Response and Legal Implications

Sam Stein and Tim Miller critically analyze the White House's reaction to the judge's ruling. The White House, through Press Secretary Carolyn Levitt, dismissed the judge's authority, suggesting that only the President of El Salvador, President Bukele, has jurisdiction over Garcia's case. This response has been perceived as an affront to the judicial system.

Tim Miller emphasizes the absurdity of the White House's claim:

"[01:05] Tim Miller: ...the judge does have jurisdiction in Maryland, which is where Abrego Garcia was living for many years... The idea that this judge does not have any jurisdiction over it is crazy."

He further questions the broader implications of such a stance, pondering how far the administration might go if they disregard judicial orders in immigration matters.

Critique of DHS Spokesperson's Comments

The conversation shifts to remarks made by Trisha McLaughlin, spokesperson for GNOME at the Department of Homeland Security (DHS). McLaughlin labeled Abrego Garcia as a member of the MS-13 gang involved in human trafficking, seeking to tarnish his reputation without presenting substantial evidence.

Tim Miller challenges these assertions:

"[05:15] Tim Miller: ...we don't know, but this is crazy. This is the behavior of Stalinists... It's like, okay, show us the receipts, Trisha."

He underscores the lack of concrete evidence presented by the administration to support the allegations against Garcia, highlighting the moral and legal failings in their approach.

Additional Cases Highlighting Administrative Overreach

Sam Stein introduces another case involving Jose Francisco Garcia Rodriguez, a 73-year-old Cuban grandfather from Lafayette. Rodriguez, a refugee who fled communist Cuba, was apprehended by ICE despite having lived a peaceful life in the United States for over four decades. His detention has left his family in distress, amplifying concerns about the administration's aggressive immigration policies.

Sam Stein reflects on the personal impact:

"[08:22] Sam Stein: ...the community, you know, ripples that that has. I mean, this is just like they're just tearing these communities apart."

Tim Miller adds context by comparing this to historical treatment of Cuban refugees, who were once favored by Republicans:

"[08:54] Tim Miller: Marco, the Secretary of State, his parents fled Cuba... what could possibly be the justification for ICE going up to a circle K?"

Administration's Defiance of Judicial Orders

The hosts discuss the Trump administration's broader pattern of defying judicial mandates. Notably, Donald Trump extended the TikTok ban for an additional 75 days without clear legal justification, a move that experts agree lacks proper legal grounding but faces minimal opposition.

Sam Stein comments on the normalization of such actions:

"[12:56] Sam Stein: ...they just say, yeah, it's not legal, but he's doing it. And no one's really challenging it."

Additionally, a federal judge recently reprimanded the administration for unlawfully freezing FEMA funds to 19 democratically run states. Despite the court's order, the administration continued its actions, showcasing blatant disrespect for judicial authority.

Tim Miller draws parallels to authoritarian regimes:

"[13:10] Tim Miller: ...this is really treading new turf... It's a test for that type of really lawless behavior."

Broader Implications and Authoritarian Tendencies

Sam Stein and Tim Miller express deep concern over the Trump administration's trajectory towards authoritarianism. The dismissive attitude towards judges, manipulation of immigration laws, and disregard for established legal norms signal a troubling shift in governance.

Sam Stein warns of the long-term consequences:

"[14:30] Sam Stein: ...when you have early acquiescence to this type of behavior, it breeds future behavior like this."

Tim Miller echoes the sentiment, emphasizing the need for vigilance to prevent further erosion of democratic principles:

"[13:48] Tim Miller: ...it's like they're just testing the limits."

Conclusion: A Call for Accountability

The episode concludes with a unanimous call for accountability and respect for the rule of law. Sam Stein and Tim Miller underline the importance of standing against administrative overreach to preserve the integrity of the judicial system and protect individuals' rights.

Sam Stein wraps up the discussion:

"[14:46] Sam Stein: Appreciate it. Thank you guys for tuning in. Talk to you later."

Tim Miller adds a final thought:

"[14:46] Tim Miller: Nice to be back in my hole."

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Key Takeaways:

1. Judicial Authority Under Attack: The Trump administration's refusal to comply with judicial rulings, exemplified by the Abrego Garcia case, undermines the judicial system's credibility and authority.

2. Lack of Evidence in Defamation: DHS spokesperson's unsubstantiated claims against Garcia highlight a concerning trend of defaming individuals without presenting concrete evidence.

3. Impact on Communities: Wrongful deportations and aggressive immigration policies are tearing apart families and communities, with long-lasting societal repercussions.

4. Authoritarian Tendencies: The administration's blatant disregard for legal norms and judicial orders signals a potential drift towards authoritarian governance.

5. Need for Vigilance: Continuous monitoring and accountability are essential to prevent further erosion of democratic principles and protect individual rights.

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This episode of Bulwark Takes serves as a critical examination of the Trump administration's handling of immigration and its broader implications for the American legal and political landscape. Sam Stein and Tim Miller provide a thorough analysis, urging listeners to remain informed and vigilant against governmental overreach.

Transcript

[Sam Stein]

Hey guys, it's me, Sam Stein, managing editor at the bulk. I'm joined by Tim Miller. We're here late Friday night because a lot of up shit's happening and we want to talk about it. All right, Tim. We have. Yeah, up. I don't mean to curse twice in a row, but earlier today we had a statement from the White House in response to a judge's ruling that this Maryland man, Abrego Garcia, who had been wrongfully sent to El Salvador against a prosecution prior judicial order that he not be sent to El Salvador. Anyways, a judge today says, you got to get him back. He was wrongfully sent there. You need to get him back. And it looked for a moment like the judicial system had put up a guardrail against Trump and his worst impulses. And then we get a statement from the White House in response to that ruling and they say, quote, this is from Carolyn Levitt, the press secretary. We suggest the judge contact President Bukele, that's president of El Salvador, because we are unaware of the judge having jurisdiction or authority over the country of El Salvador. In short pound sand. That's that.

[Tim Miller]

Yeah, well, the judge does have jurisdiction in Maryland, which is where Abrego Garcia was living for many years, checking in with the federal government, actually checking in with his immigration officers every year about his status. He had this non deportation protected status. He has a son who is disabled, has serious disabilities, who is an American citizen, that he's been parenting, his wife is an American citizen. And like, the idea that this judge does not have any jurisdiction over it is crazy. What does that extend to? This notion that because he's on foreign ground, it is one thing, right? If it is, I get, again, this would be despicable, right? But like let's say, for example, someone from El Salvador left to flee to come to America to gain asyle status and then at the border, came to a border crossing and our immigration officials said, no, we're sending you back, then that person, then there'd be no jurisdiction in America. That's not what this is. This guy is in America. How far does this extend? If the government wrongly sent a US citizen to El Salvador prison, would we not have jurisdiction over it? And you know, look, I've made this point before in this case also, you know, it's, it's sometimes silly to like try to bring logic to their fucking demagoguery. But we're paying El Salvador like he's like a babysitter, right? Like, this is the example I keep using. Like something happening at the house when a babysitter was watching my child, and me being like, sorry, I don't have jurisdiction over the child anymore.

[Sam Stein]

It's across the street.

[Tim Miller]

It's across the street. It's like, we are paying Bukele to keep him. So the whole thing is nuts. In addition to being inhumane, let me.

[Sam Stein]

Just say a number of immigration experts have pointed out that there is ample precedent for people wrongly deported who have then been brought back under US pressure or US law. So the idea that they simply cannot do this is absurd. And again, to your point, we have a current ongoing relationship with Bukele. If they wanted to do this, they could say, hey, can you get this guy back on a plane? Because we have an order to have him back here. We brought him there. You're housing him for us. We're paying you for it. We need him back. It would take a minute. A fucking minute. And they can't do it or they don't want to do it, I should say, because they're assholes about it and they think it's in their interest to just say pound sand to the. The judge. I can't get over. I just can't get beyond the idea that we disappeared a guy, illegally ripped him from his family and from his kid. They. We were told to get him back and we were just saying, no, we're not going to do it. I mean, whether or not you think we have the legal right to it, which we don't, or whether or not you think it's fine and in the national interest to do it, which it isn't. It is not morally defensible to do something like this. And I'm shocked at how few people are outraged beyond our circle again.

[Tim Miller]

And then. And then also just, you know, to bring up the Tate brothers. Like the government has shown, when they want to bring somebody into the country, they can. And the Tate brothers are also sex pests, criminals of their own rights, alleged and convicted and certain. And not in America and other countries. And we brought them into America. Now they've allegedly committed more crimes since they've gotten here. So, like, we can exert our power. The whole point, actually, let's just even make this point. The whole point of Trumpism is that, like, everything to our. Yeah, everything's a deal. Like we can bully countries and get stuff out of them. It's the whole point of the. It's like this. This notion is just silly that they're behind this. So in. And this is not. She's not the only one, actually. In addition to what. What Levitt said. Trisha McLaughlin, the spokesperson for GNOME at DHS, was on Fox earlier today and her comment was even grosser. Let's play the clip.

[Trisha McLaughlin]

The American people should know who this individual is. He's not some Maryland father, as the mainstream media will make you believe. He's actually a member of MS.13 and was involved in human trafficking. It's unbelievable, the framing of this. Whether this man is in El Salvador or in a US Detention center, he should be locked up. And people should also know who ms.13 is. It is a gang that rates, maims and kills Americans for sport. They should not be on U.S. soil. And any media outlet who tries to make him a darling or a victim should really be ashamed.

[Tim Miller]

This is the second time she said that. She tweeted this as well, saying that this guy is a human trafficker. And so I just want to say this, like, I don't know, Kilmar Abrego Garcia. I really don't. I mean, you know, his wife has very emotionally and passionately advocated for him. So we don't know. All you know is what is in the court filings. The government has had opportunity to make the case that this person is a gang member or a human trafficker. In the filings with these judges that are trying to rule that he. That he should be brought back, they have not done so. Anytime that they have that, they're under the law.

[Sam Stein]

Tim, Tim. I would argue at this point, we're what, five, six, seven days since the story broke? The fact that they haven't done so suggests they just don't have the evidence because there's every incentive passed. There's every incentive out there to say, we have this social media posting. We have this evidence of his relationships with MS.13 members. We have this documentation. This proves that all these people rallying to behind the sky are wrong. Every incentive is out there for them to do it, and they won't do it. And this is not an administration that is reluctant to put out judicial evidence because it might, you know, sully the case. They don't care about those norms. If they had it, they would show it, and they're not showing it because they don't have it.

[Tim Miller]

Almost certainly true. Yeah. So I just. I'll keep a hedge because it's like, we don't know, but this is crazy. This is the behavior of Stalinists. You know, it's like, I guess I just. I don't know. I can't speak for, like, what this man has done in his life. It's, that's a crazy expectation. That's what you're supposed to follow the law, you know. And so it's like she's out there just smearing him like, you're a human trafficker. You're a human trafficker. It's like, okay, show us the receipts, Trisha, if he's a human trafficker, show us the receipts. You're just out there on Fox attacking this guy who, who, who has been, who has been disappeared to a concentration camp, who has a kid with like very serious problems, whose wife has been abandoned. Like, okay, show it. Show us that if he's a human trafficker, then show. Or show the judge. Show the judge. And then maybe that we'd be in a different boat. But you guys don't have anything. You've shown nothing.

[Sam Stein]

And we're kind of ingesting these stories in a bit of a style. Like we're looking at it like one man who was, you know, sent to a horrible place and whether his rights are violated. But you mentioned the kid and the wife, and there's just case after case now of this happening. So the other thing that happened today, down in your neck of the woods, a man named Jose Francisco Garcia Rodriguez, Cuban refugee, 73 year old grandfather from.

[Tim Miller]

Lafayette, or Lafayette is how we say it.

[Sam Stein]

Lafayette.

[Tim Miller]

No, not even close. Lafayette.

[Sam Stein]

Lafayette.

[Tim Miller]

Lafayette.

[Sam Stein]

I said that the first time. Lafayette.

[Tim Miller]

All right.

[Sam Stein]

Still pretty Yankee down in the parish or whatever the fuck. Guy's a grandfather. He was picked up by ice. I mean, imagine just the, the community, you know, ripples that. That has. The familial ripples that that has. I mean, this is just like they're just tearing these communities apart. And for human refugee, this person fled Cuba.

[Tim Miller]

Marco, the Secretary of State, his parents fled Cuba. Like they fled communist Cuba. Like, where does Marco have a soul left? Or is any of the old Marco in there? Like, what could possibly be the justification for ICE going up to a circle K? And like I think they said he was a gunpoint, like at taking this grandpa who again, in all of these cases. Here's the other thing, besides Tricia just popping off that the other guy's a human trafficker. In none of these other cases have they even presented any evidence that these people committed crimes. And J.D. vance, the vice President, was talking about Abrego Garcia, the Maryland man, and talking about his traffic tickets. That's what they have, traffic tickets. This man in Lafayette, his family, we know about this because his family is spoken out and they're begging for help. They don't know how to get to him. And it's like he fled communist Cuba. If there was any immigrant that Republicans ever liked across the party, it was the Cuban refugees.

[Sam Stein]

I'm reading the story now. It's just ridiculous. I mean, they said he arrived in the United States with clothes on his back, no education, not speaking, struggling, made mistakes, paid for them, and for the next 43 years was living a good life, raising a family, working hard, labor 40 to 60 hours a week, paying taxes, paying into Social Security, which he never used because that's what immigrants do. She did not. His daughter did not elaborate on the trouble he got many, many years ago, which I guess was the foundation for his arrest by ICE and detention. But at 73 years old and a grandfather, I just failed to understand what the threat is here. And the only reason that they would do this is because they want to juice up deportation stats and they're going for anything right now.

[Tim Miller]

Yeah.

[Sam Stein]

And it's crazy.

[Tim Miller]

Yeah, I think that's what I mean, that has got to be the motivation because they said it was with the criminals and it's just like none of these.

[Sam Stein]

And I guess maybe criminal from 45 years ago, but like what is.

[Tim Miller]

He's been trying to become a citizen for 10 years. Like this is the whole point. Where would we even be deporting him to? What are we going to do? So we're, the taxpayers are going to pay for this? Yeah, the taxpayers are going to pay that. We're going to detain him. We're going to put him in the Natchez fucking immigrant prison that we've been, that we've been expanding up in Louisian, northern Louisiana. Like what are, like what is the point? What is the, what's the plan here.

[Sam Stein]

And what's the benefit? How does this benefit us? I fail to really understand that one. Now I'm sure Trisha will have some social media posts at the 73 year old grandfather.

[Tim Miller]

Probably Facebook.

[Sam Stein]

Yeah, more likely Facebook. Definitely MSN 13 content there. Let me just get your larger take because this is what, you know, prompted me to want to talk to you. So we have the instance of the White House just telling this judge we're not going to go get this guy, despite you're saying we have to go get this guy. Two other things happened today. One is Donald Trump out of thin air said, you know what, I'm going to extend the tick tock ban for 75 more days. I don't think there's anyone who's like, that's legal. They're just like, yeah, it's not legal, but he's doing it. And no one's really challenging it. But there are some people speaking out saying, now you. You can't actually do that. Then there's another story that broke kind of under the radar, but a federal judge on Friday wrote that the administration was violating his order, and his order had been for them to stop freezing federal funding from FEMA to 19 democratically run states. Basically, the Trump administration was playing politics with FEMA funds. Judge said, stop doing it. And then they checked back in and he decided they were still doing it. So another case of the Trump just Trump administration just basically ignoring a judge's decree a couple weeks ago. I've been quietly sort of like, okay, Trump really hasn't violated, you know, they're pushing the boundaries of law, but they haven't really dramatically overstepped it. I'm not feeling like that anymore. I feel like they are very much defying laws openly at this juncture.

[Tim Miller]

Yeah, I mean, the TikTok thing is like, in some ways it's the most blatant. It also is like the type of thing that we've seen from Biden, Obama, Bush. To be honest, it's a pretty common. So that doesn't make it better.

[Sam Stein]

A socially acceptable.

[Tim Miller]

Yeah. Avoidance of the law. We've seen that from some other administrations lately. This other stuff is a totally different animal. And the idea that not only would you ignore a judge's demand that you bring a man back that you've wrongfully admitted that you wrongfully deported, but then that you would make fun of the judge and like, that kind of mock the notion that you would even that you would think about following their order. You know, this FEMA stuff, like, we'll see like that again. That's not something that was happening in the Biden administration. You weren't seeing the Biden administration illegally being like, oh, we're just going to cut the emergency funds to Texas, you know, like, and then told that they.

[Sam Stein]

Couldn'T do it, just did it anyway. Still do it.

[Tim Miller]

Right. Like, that is again, so. So all of this stuff is like really treading new turf. And a lot of it is just like kind of testing the limits. I like, that's the thing to me, and the story of Abrego Garcia is so tragic and his family. But the thing that's the most alarming and the biggest picture is it just. It really just does feel like a testing ground for like the worst, you know, types of like Orban fucking. You know, you just you name the autocrat? Like what? What? These other guys are his buddy, mbs. That he's down there golfing with us, you know, like. Like that. It's a test for that type of really lawless behavior. And that's the most alarming.

[Sam Stein]

No, I totally agree. And when you have early acquiescence to this type of behavior, it breeds future behavior like this. So here we are. All right, buddy.

[Tim Miller]

Thanks for staying up with me.

[Sam Stein]

Thanks for joining me. Happy to do it.

[Tim Miller]

Nice to be back in my hole.

[Sam Stein]

Appreciate it. Thank you guys for tuning in. Talk to you later. Peace.