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The media has been all aghast at the “innocent man” from Maryland who was deported back to El Salvador. And now they have more to chew on given that the DOJ has suspended the attorney in the case.
A senior Justice Department immigration lawyer was put on indefinite leave Saturday after questioning the Trump administration’s decision to deport a Maryland man to El Salvador — one day after representing the government in court.
Deputy Attorney General Todd Blanche suspended Erez Reuveni, the acting deputy director of the department’s immigration litigation division, for failing to “follow a directive from your superiors,” according to a letter sent to Mr. Reuveni and obtained by The New York Times.
Before I get into the weeds on this issue, I must note that it’s super interesting that the NY Times was handed the letter on the same day. I have to presume that it was either Reuveni himself or someone else at the DOJ who wants to undermine the Administration.
Now, back to this issue. As is noted here, Reuveni essentially informed Judge Xinis, his client (the DOJ) hasn’t given him all the facts or something and his hands are tied.
On Friday, Reuveni told the U.S. District Court Judge Paula Xinis that “our only arguments are jurisdictional … he should not have been sent to El Salvador,” according CNN.
Reuveni asked Xinis to give the government “one more chance to do this. “That’s my recommendation to my client, but so far that hasn’t happened.”
In fact, he went even further than that. Via RedState, this exchange on X of dialogue between Reuveni and Judge Xinis is quite illuminating.
“[W]hen this case landed on my desk, the first thing I did was ask my clients that very question. I’ve not received, to date, an answer that I find satisfactory,” Reuveni replied.
As the thread continues (which is worth reading), Reuveni essentially told the court that he’d convince the DOJ to get Garcia back from El Salvador. And the judge was thrilled, telling him to go for it.
Needless to say, the DOJ was NOT thrilled about this. Especially in light of the fact that Pam Bondi explicitly informed all who work at the DOJ that they are to zealously defend their client, not work against them.
“It is the job of an attorney privileged to serve in the Department of Justice to zealously defend the interests of the United States,” she wrote, “Those interests, and the overall policy of the United States, are set by the Nation’s Chief Executive, who is vested by the Constitution with all “[E]xecutive Power.” More broadly, attorneys are expected to zealously advance, protect, and defend their client’s interests. Department of Justice attorneys have signed up for a job that requires zealously advocating for the United States.”
Keep in mind, as Deanna wrote here, the judge has ZERO jurisdiction over El Salvador. A fact that El Salvador’s President Nayib Bukele has made abundantly clear.
As Deanna also pointed out, Garcia was VERY well known to DHS and the DOJ and has been since 2011. In fact, they even KNEW of his MS-13 gang ties and tried to deport him, but an activist judge stayed the original deportation. It would’ve taken Reuveni less than a day to gather all that relevant information by plugging Garcia’s name into the system. And, if he HAD all that relevant information, his claim that the DOJ wasn’t giving him all the facts is…bogus.
Reuveni should’ve pointed out all this regarding Garcia, but he didn’t. He should’ve also pointed out that Xinis cannot order another government to return one of their citizens, but he didn’t. Instead he gave the judge the impression that he’d try to work a deal and get Garcia back once he had a candid conversation with his superiors. Obviously that tactic failed.
What’s more is that the DOJ issued this response to Judge Xinis. First that Garcia, in his lawsuit, didn’t actually ASK to be returned to the United States. Secondly, the DOJ points out that Garcia is not an American citizen. He’s an El Salvadoran national in the custody of HIS government. Third, Garcia already has a deportation order in place and staying the actual deportation didn’t render that order moot. The conclusion is quite something.
Because the United States has no control over Abrego Garcia, however, Defendants have no independent authority to “effectuate” his return to the United States—any more than they would have the power to follow a court order commanding them to “effectuate” the end of the war in Ukraine, or a return of the hostages from Gaza.
Ouch. That will leave a mark!
So, what’s Xinis going to do? Hold the DOJ in contempt like Boasberg is threatening to do? She could, but then she’d have to find some legal precedent that claims her authority as a District Court judge extends to another country. And no, anything she finds via the World Court or UN does not count.
Meanwhile, the Democrats are going all in about bringing Garcia back and how mad they are that gang members are being deported. Jamie Raskin is one of them.
They should have
— Western Lensman (@WesternLensman) April 5, 2025
“I♥️MS-13"
signs made up for these protests.
Democrats along with activist attorneys and judges LIKE having illegals here in this country, even if they commit crimes against American citizens. Remember that.
Feature Photo Credit: Immigration, Supreme Court, American flag via iStock, cropped and modified
If you don’t follow your bosses orders to defend your clients interests you should expect to get sacked. If nothing else he was in this country illegally.
More than that.
First ethical violation: If you so object to your client’s position that you cannot zealously represent your client and make any argument which is colorably supported by the facts you must decline the case. Second ethical violation: Attorney-client communications are privileged.
These are serious violations. His license should be suspended.
Fired and reported to whatever bar(s) he’s a member of. It is an ethical violation to not “vigorously represent” your client.
Then the judges and the dims supporting them should be tried for treason, and hanged from the nearest lamppost..
Thank you for the clarifying summary!
(As Andre the Giant, as Fezik, said, shortly before they stormed the castle: “I hope we win.”)
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