0:00

It's time for Justice

0:02

Matters, with former

0:04

federal prosecutor and

0:06

legal analyst Glenn

0:08

Kirchenner. The Trump

0:10

administration has deported

0:12

a legal U.S.

0:14

resident who is protected

0:16

by a court order

0:19

that was issued in

0:21

2019. Glenn talks about

0:23

this next on Justice

0:25

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0:53

These are difficult These

0:56

are difficult times, and if you believe

0:58

in justice, progress, and democracy, the news

1:00

you read and listen to can be

1:03

pretty depressing. And that's why there's

1:05

a new podcast called Good News for

1:07

Lefties and America. Every day it

1:09

features positive news stories for progressive

1:12

listeners. Because no matter how disturbing

1:14

the headlines might be, there's always hope

1:16

we can build on for a better

1:18

tomorrow. Good news for Lefties and America.

1:21

Listen on this platform at Good

1:23

News for lefties.com or wherever podcasts

1:25

are heard. Hey

1:30

all, Glenn Kirchner here. So friends,

1:32

remember when Donald Trump

1:34

said he would terminate

1:36

the Constitution? Well, for anybody

1:39

who voted for him, you should

1:41

have believed him. Because now,

1:43

looks like he's putting his money

1:45

where his mouth is, and he's

1:48

starting with the due process clause

1:50

of the Fifth Amendment.

1:52

Let's start with the new

1:54

reporting. This from NBC News.

1:57

A man was sent to El

1:59

Salvador. due to administrative error

2:01

despite protected legal status filings

2:04

show. And that article begins,

2:06

the United States government accidentally

2:09

deported a man to El

2:11

Salvador due to an administrative

2:14

error, landing him in a

2:16

notorious mega jail and leaving

2:18

him stuck there in legal

2:21

limbo according to legal papers

2:23

filed on Monday. Kilmar Arbrego

2:26

Garcia came to the US

2:28

in 2011 from El Salvador

2:31

and is a legal resident

2:33

protected by a 2019 court

2:36

order that prevented him from

2:38

being sent back to his

2:41

home country. But in court

2:43

papers filed Monday, the government,

2:45

that is the Trump administration,

2:48

admitted that on March 15,

2:50

although ICE... was aware of

2:53

his protection from removal to

2:55

El Salvador. Garcia was removed

2:58

to El Salvador because of

3:00

an administrative error. And friends,

3:03

I'll leave it up to

3:05

you as to whether you

3:08

believe that claim by ICE,

3:10

by the Trump administration. Oh,

3:13

just an administrative error. Oh,

3:15

we acknowledge there was a

3:17

court order in place prohibiting

3:20

us from El Salvador. But

3:22

whoops. Yeah, um, oh, it

3:25

was an administrative error. The

3:27

article continues. Garcia lives in

3:30

Maryland with his wife and

3:32

five-year-old child who is autistic

3:35

and intellectually disabled. The couple

3:37

both work full-time, the filing

3:40

says. The incident was first

3:42

reported by the Atlantic. Garcia's

3:45

deportation comes as President Donald

3:47

Trump's administration. continues to deport

3:49

hundreds of people to El

3:52

Salvador, many of them from

3:54

Venezuela. and almost all bound

3:57

for the same maximum security

3:59

terrorist confinement center known by

4:02

its Spanish acronym C-E-C-O-T. The

4:04

deportation appears to coincide with

4:07

the March 15th departure of

4:09

three plane loads of people

4:12

to El Salvador. Lawyers for

4:14

some of those who were

4:16

deported said they were falsely

4:19

accused of gang affiliations because

4:21

of their tattoos. Jennifer Vasquez-Sura,

4:24

and their legal team filed

4:26

a lawsuit in the U.S.

4:29

District Court in Maryland last

4:31

week calling for Secretary of

4:34

Homeland Security, Christie Noam, to

4:36

ensure his return to the

4:39

U.S. and for the government

4:41

to stop paying El Salvador

4:44

to keep him in prison.

4:46

In its filing on Monday,

4:48

the government said that the

4:51

U.S. courts don't have jurisdiction

4:53

to seek his release. And

4:56

friends in further reporting, it

4:58

looks like the Trump administration

5:01

is saying, and we don't

5:03

really have a way to

5:06

bring him back. Salvadoran government

5:08

images show crowds of men

5:11

with shaven heads being marched

5:13

by masked guards inside the

5:16

largest jail in Latin America.

5:18

The government, however, alleges that

5:20

Garcia was an active member

5:23

of the criminal gang MS-13,

5:25

citing an unidentified informant at

5:28

a 2019 bond hearing, but

5:30

Garcia's lawyers strenuously deny this

5:33

and claim the government has

5:35

never produced an iota of

5:38

evidence to support this unfounded

5:40

allegation. Garcia left El Salvador

5:43

to escape gang violence. His

5:45

lawyers said, after gangsters threatened

5:47

to kill him in an

5:50

attempt to extort his parents.

5:52

They, the government, do not

5:55

deny that they had no

5:57

legal authority to send him

6:00

there. And Garcia's lawyer

6:02

added, there is a judicial

6:04

process. They could have gone

6:06

back to the judge who

6:08

in 2019 gave him an

6:10

order of protection and could have

6:13

asked that judge to lift

6:15

that order. They, the government,

6:18

didn't do that. They just put

6:20

him on an airplane. Sandoval,

6:22

Moshenberg, added. So

6:25

what could have prevented this?

6:27

What should have been done

6:29

here? What does due process

6:31

of law look like? It's not that

6:33

burdensome. You know, it

6:35

requires only two things. Notice

6:38

an opportunity to be

6:40

heard. That's what the

6:42

Constitution requires. Before the

6:45

Trump administration can

6:47

stuff you in a plane and

6:49

send you to a prison in

6:51

a country from which you fled...

6:53

Because, according to your

6:55

attorney, Garcia left El

6:57

Salvador to escape gang

6:59

violence after gangsters threatened

7:01

to kill him in an

7:04

attempt to extort his parents.

7:06

After the break, Glenn explains

7:09

why constitutional due process is

7:11

an important protection for all

7:14

of us. This is justice

7:16

matters. Hi,

7:27

I'm John Fugelsen. And I'm Professor Corey

7:29

Brechner. And we are here to tell

7:31

you about the oath in the office, an

7:33

essential new podcast about the extremely strange

7:35

times we find ourselves in. In the

7:37

first few seconds in office, the President

7:39

of the United States is required to take

7:41

an oath to preserve, protect, and defend

7:43

the Constitution. And we're going to hold

7:45

him to that pledge. despite the fact

7:47

that he has threatened democracy and even the

7:50

law itself. It's all about hope for

7:52

what democracy should look like and getting

7:54

real about what our democracy does look

7:56

like, from an esteemed constitutional scholar and

7:58

a deeply unqualified comedian. to the

8:00

oath in the office

8:02

wherever you get your

8:05

podcast. The Fifth Amendment

8:07

to the Constitution provides

8:09

no person shall be

8:11

deprived of life, liberty,

8:13

or property without due

8:15

process of law. Glenn

8:17

says the government has

8:19

violated Garcia's rights. So

8:22

friends, assuming that statement

8:24

is an accurate representation

8:26

of Garcia's circumstances, how

8:28

do you think he's

8:30

going to fair? back

8:32

in El Salvador in

8:34

this notorious prison for

8:36

terrorists. And whether or

8:39

not that representation is

8:41

accurate is entirely beside

8:43

the point because even

8:45

the Trump administration officials

8:47

acknowledged, admitted, conceded, that

8:49

Garcia had a court

8:51

order from a judge,

8:53

prohibiting the government from

8:56

deporting him, to El

8:58

Salvador. So all the

9:00

Trump administration had to

9:02

do was abide by

9:04

those simple constitutional protections

9:06

of notice and opportunity

9:08

to attend in Garcia

9:10

and his lawyer could

9:13

have held up that

9:15

court order, that ruling

9:17

from a prior judge

9:19

prohibiting him from being

9:21

deported to El Salvador.

9:23

You know, and then

9:25

he could have been

9:27

back with his wife.

9:30

and his five-year-old child,

9:32

but the Trump administration

9:34

opted not to abide

9:36

by the Constitution. Going

9:38

back to Donald Trump's

9:40

earlier sentiment that he's

9:42

just fine terminating the

9:44

Constitution. Well, guess what?

9:47

We're not fine with

9:49

it. Garcia's not fine

9:51

with it. Nobody should

9:53

be fine with it.

9:56

Because justice matters. Friends, as as always,

9:58

please stay safe, please

10:00

stay tuned, I and I

10:02

look forward to talking with

10:04

you all again again tomorrow. You

10:06

can can watch Glenn on

10:08

his Justice Matters YouTube YouTube

10:11

Also find him on him

10:13

on Substack, Instagram, and Patreon. and

10:15

This is Justice Matters.