Stephen Miller Embarrassed in High-Profile Court Ruling
A judge has shut down arguments pushed by the Trump administration and White House Deputy Chief of Staff Stephen Miller in a ruling surrounding the high-profile case of Kilmar Abrego Garcia.
Tennessee Magistrate Barbara Holmes ruled Sunday that Abrego Garcia is not the dangerous gang member Trump allies like Miller and Department of Homeland Security Secretary Kristi Noem have repeatedly claimed he is.
Abrego Garcia is pending trial on human smuggling charges for allegedly transporting undocumented migrants within the U.S. He has pleaded not guilty to the charges.
In March, the Trump administration admitted to mistakenly deporting Abrego Garcia to El Salvador. The Supreme Court ordered them to facilitate his return to the United States.
In her 51-page report, Holmes disputed claims made by the U.S. government that Abrego Garcia was a member of international crime gang MS-13.
Miller has been vocal in his opposition to the case of Abrego Garcia. Last month, Miller said, 'The Department of Justice has indicted the illegal alien terrorist from Maryland, the so-called Maryland man who is actually a foreign terrorist from El Salvador to make him face justice for his monstrous crimes against humanity.'
Miller claimed Abrego Garcia had committed 'some of the most heinous crimes I've ever read about,' while Noem called him a 'very dangerous person.'
In April, he pushed the claims to Fox News' Jesse Watters that, 'He is an illegal alien' and 'implicated in human trafficking.' He added: 'Deport, deport, deport!'
The order from Holmes, however, said the government had failed to prove Abrego Garcia was a 'serious risk' to flee or obstruct justice in his case.
'Overall, the Court cannot find from the evidence presented that Abrego's release clearly and convincingly poses an irremediable danger to other persons or to the community,' the judge wrote.
Holmes also slammed government evidence that Garcia is a member of MS-13, saying it 'consists of general statements, all double hearsay', and stated that he 'has no criminal history' of any kind.
'The Court does not find that these circumstances, when considered together, compel a determination that Abrego poses a risk of danger to the community or has the proclivity and incentive to flee rather than face prosecution of this case,' Holmes said.
Holmes added, 'Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial.'
She continued, 'The Court will give Abrego the due process that he is guaranteed.'
Holmes, of the U.S. District Court for Middle Tennessee, ordered Garcia released from prison as he awaits trial. However his fate remains in limbo after the government appealed the order to release him on Sunday.
Holmes reflected on this in her opinion. 'That suggests the Court's determination of the detention issues is little more than an academic exercise,' Holmes wrote.
Following the government's appeal, the Maryland father will now be placed in custody with ICE, 'pending deportation' again, officials said.
In their request for his stay, Justice Department lawyers said, 'He will remain in custody pending deportation and Judge Holmes' release order would not immediately release him to the community under any circumstance.'
Another court hearing is due to take place on Wednesday afternoon to set conditions for Abrego Garcia's release.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Bloomberg
25 minutes ago
- Bloomberg
World Braces for Iran's Response to US Attacks on Nuclear Sites
Good morning. The world braces for Iran's response after the US strikes. The State Department warns Americans to be cautious. And the Oklahoma City Thunder are NBA champions. Listen to the day's top stories. The US airstrikes on Iran set markets and governments worldwide on edge, as the Islamic Republic vowed to retaliate and Israel showed no sign of letting up. Donald Trump has threatened further military action if Tehran doesn't make peace with Israel. The fallout is just starting: the State Department issued a 'Worldwide Caution' alert for US citizens, while some airlines are canceling flights to the Persian Gulf and Japan's biggest banks are considering pulling their staff from the region. Keep up with the latest developments via our Live Blog.
Associated Press
26 minutes ago
- Associated Press
What to know about debate over protesters and ICE agents wearing masks amid immigration crackdowns
CHICAGO (AP) — President Donald Trump and his allies have repeatedly called for mask-wearing at protests to be banned and for protesters whose faces are covered to be arrested, with the most recent push following demonstrations in Los Angeles over immigration raids. Legal experts told The Associated Press there are a variety of reasons people may want to cover their faces while protesting, including to protect their health, for religious reasons, to avoid government retaliation, to prevent surveillance and doxing, or to protect themselves from tear gas. With legislative action happening across the U.S., they say it's only a matter of time before the issue returns to the courts. Protesters, meanwhile, have voiced anger over footage of Immigration and Customs Enforcement agents covering their faces at immigration raids and masked officers at the Los Angeles protests, calling it a double standard. Here are some things to know about the debate over face masks: Legislative efforts target masked protesters At least 18 states and Washington, D.C., have laws that restrict masks and other face coverings in some way, said Elly Page, senior legal adviser with the International Center for Not-For-Profit Law. Since October 2023, at least 16 bills have been introduced in eight states and Congress to restrict masks at protests, according to the center. Many of these laws date back to the 1940s and '50s when many states passed anti-mask laws as a response to the Ku Klux Klan, whose members hid their identities while terrorizing victims. Amid protests against the war in Gaza and the Republican president's immigration policies, Page said there have been attempts to revive these rarely used laws to target protesters, sometimes inconsistently. Concerns over masked ICE agents Trump's calls to arrest protesters for wearing masks came as federal agents were seen donning masks while conducting raids in Los Angeles and other U.S. cities. Democratic lawmakers in California have introduced legislation aiming to stop federal agents and local police officers from wearing face masks amid concerns that ICE agents were attempting to hide their identities and avoid accountability for potential misconduct during high-profile immigration raids. The issue also came up at a congressional hearing on June 12, when Minnesota Gov. Tim Walz, a Democrat, criticized ICE agents wearing masks during raids, saying: 'Don't wear masks. Identify who you are.' Republican federal officials have maintained that masks protect agents from doxing. Department of Homeland Security Assistant Secretary Tricia McLaughlin called the California bill 'despicable.' Unresolved First Amendment question Geoffrey Stone, a University of Chicago law professor, said the U.S. Supreme Court has made clear that the right to free speech includes the right to speak out anonymously. But he said how it should apply to protesters wearing masks remains 'an unresolved First Amendment question.' For Stone, that raises a key question: Why should protesters and ICE agents be subject to different rules? 'The government doesn't want them to be targeted because they engaged in their responsibilities as ICE agents,' Stone said. 'But that's the same thing as the argument as to why you want demonstrators to wear masks. They want to wear masks so they can do their 'jobs' of engaging in free speech properly. The same rationale for the officers wearing masks should apply to the protesters.'
CBS News
26 minutes ago
- CBS News
Multiple people injured in mass shooting in Pittsburgh's East Liberty neighborhood
At least 5 people injured in mass shooting in Pittsburgh's East Liberty neighborhood At least 5 people injured in mass shooting in Pittsburgh's East Liberty neighborhood At least 5 people injured in mass shooting in Pittsburgh's East Liberty neighborhood At least five people were injured in a shooting in Pittsburgh's East Liberty neighborhood late Sunday night, according to Pittsburgh police. Officials said the first call came in just after 11:45 p.m. Sunday. While offers were arriving on-scene, multiple calls came in reporting that several people had sustained gunshot wounds. Two people were transported to the hospital in critical condition. Another victim was taken in stable condition with a graze wound. There were also two victims taken to UPMC Children's Hospital with gunshot wounds, and they are expected to be okay. According to police, EMS treated about 10 people in this incident, due to graze wounds or minor injuries from falling. No arrests have been made at this time.
