Image Credit: @nayibbukele / X & Canva
The Tennessee Conservative [By Olivia Lupia] –
Federal judges in Nashville and Maryland are still contending with the Department of Justice and illegal alien Kilmar Abrego Garcia’s attorneys over the Salvadoran national’s release from federal custody pending Garcia’s trial in Tennessee for human smuggling and possible second deportation.
Magistrate Judge Barbara Holmes in Nashville was originally set to release Garcia, but instead opted to keep him in custody after Immigration and Customs Enforcement (ICE) announced intentions to deport Garcia to a third country not his native El Salvador once he is released from jail in Tennessee, possibly even before he stands trial for the human smuggling case.
Garcia’s attorneys have since been pushing to have him not only released from custody, but immediately transferred back to Maryland, the state in which Garcia has resided for years, to avoid his being immediately remanded into ICE custody.
The emergency filing was heard by Maryland District Judge Paula Xinis on Monday, July 7, but she did not issue a ruling on the matter, instead deciding the DOJ would be required to produce more clarity on their exact plans for Garcia should he be released back to Maryland.
“I need to understand the process … someone who can answer questions about the immediate next steps if Mr. Abrego is released from criminal custody,” Xinis said at the hearing.
DOJ attorney Jonathan Guynn stated that removing Abrego Garcia to a third country is likely the path forward but did not confirm or detail which country.
The firm representing Garcia in Maryland is insisting its client needs, “protection from the government waking up tomorrow and upon Mr. Abrego Garcia’s release from criminal custody, [removing him] to somewhere they haven’t identified.”
Garcia’s lawyers are also contending that he cannot be returned to El Salvador because he suffered “physical and psychological torture” while in the CECOT prison there, but President Nayib Bukele of El Salvador weighed in on the issue personally.
Bukele refuted the claims of mistreatment and posted video footage showing Garcia’s fair treatment and Democrat Senator Chris Van Hollen’s own confirmation of Garcia’s wellbeing after Van Hollen visited him during his brief stay in CECOT.
“Apparently, anything a criminal claims is accepted as truth by the mainstream media and the crumbling Western judiciary. But the man wasn’t tortured, nor did he lose weight. In fact, photos show he gained weight while in detention. There’s plenty of footage from different days, including his meeting with Senator Van Hollen, who himself confirmed the man seemed fine. If he’d been tortured, sleep-deprived, and starved, why does he look so well in every picture? Why would he gain weight? Why are there no bruises, or even dark circles under his eyes?” Bukele wrote.
Back in Nashville, US District Judge Waverly Crenshaw has also ordered attorneys to refrain from making public comments about the case in response to complaints from Garcia’s legal team claiming the government had violated standard court rules and “launched a public disparagement campaign” which could “prejudice” Garcia’s chance at a fair trial. The defense attorneys cited statements by members of the Trump administration which supposedly called Garcia a “gangbanger,” “monster,” “illegal predator,” “illegal alien terrorist,” “wife beater” and “barbarian.”
Judge Crenshaw’s order in response simply read, “All counsel are expected to comply with the local rules of this court.” These rules prohibit making public statements that, “have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter,” and apply to attorneys and any government agencies or offices with which a lawyer is associated.
The next hearing for the Maryland injunction has been set for Thursday, July 10, where further testimony will be provided from a witness supposedly involved in the decision-making process for Garcia. Judge Xinis stated that until she is clear about the next steps of the Trump administration, she will likely not issue an order bringing Garcia back to Maryland.
The illegal alien and suspected MS-13 gang member is potentially set to be released from custody in Nashville on July 16.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
