Judge rules administration must produce evidence in Kilmar Abrego Garcia deportation

A federal judge scolded the Trump administration Tuesday for more defiance in the case involving deported MS-13 gang suspect Kilmar Abrego Garcia, saying the government has shown “willful and intentional noncompliance.”

Judge Paula Xinis said the government continues to hide information from Mr. Abrego Garcia’s lawyers even though she ordered them to be forthcoming in the legal discovery process that began last week.

She ordered answers to be forthcoming on most issues.

The judge also said that in some instances, where the administration tried to claim information couldn’t be released because of privileges, such as that between a lawyer and client, the government has made only the barest assertions and offered no proof for why the privilege should apply.

“Defendants’ objection reflects a willful and bad faith refusal to comply with discovery obligations,” Judge Xinis said.

Mr. Abrego Garcia’s family has challenged his March 15 deportation.

Judge Xinis has ordered that the government try to undo the deportation so he can go through “due process” of challenging his deportation order again.

The administration has resisted, and Judge Xinis has said she wants to see if there are legitimate reasons. That’s what the current legal discovery process is supposed to uncover.

But the judge said the administration is refusing to answer questions she said should have been easy ones.

She said much of the objection comes down to the administration disagreeing over the scope of her order, which the Supreme Court upheld, to “facilitate” Mr. Abrego Garcia’s return.

“Defendants – and their counsel – well know that the ‘falsehood’ lies not in any supposed ‘premise’ but in their continued mischaracterization of the Supreme Court’s order,” she said.

The government argues that Mr. Abrego Garcia, while deported by the U.S., is now in the custody of El Salvador, which says it won’t release him.

Judge Xinis said his lawyers should be able to probe the circumstances of his deportation more fully so she can determine what the exact custody arrangement is and how much control the U.S. has over him.