A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.
What Will Judge Xinis Do Now?
The slo-mo constitutional clash in the case of Kilmar Abrego Garcia inched forward with a new filing overnight in which his attorneys are now seeking sanctions against the Trump administration – including individual officials – for stonewalling and defying court-ordered discovery into his wrongful deportation to prison in El Salvador.
Among the wide-ranging sanctions Abrego Garcia is seeking is a possible court order for Attorney General Pam Bondi and other key officials to turn over their personal devices for U.S. District Judge Paula Xinis of Maryland to review privately in her chambers.
The move to impose sanctions comes after what was supposed to be an expedited two-week discovery sprint ordered by Xinis on April 15 turned into a nearly two-month discovery marathon. Xinis ordered the discovery in part to determine if the Trump administration should be held in contempt of court for refusing to abide by her Supreme Court-backed order to facilitate the return of Abrego Garcia. In court the day she ordered the discovery, Xinis was adamant that she would brook no more delays or foot-dragging and ordered lawyers to cancel vacations and drop everything else.
“Nearly sixty days, ten orders, three depositions, three discovery disputes, three motions for stay, two hearings, a week-long stay, and a failed appeal later, the Plaintiffs still have seen no evidence to suggest that the Defendants took any steps, much less ‘all available steps,’ to facilitate Abrego Garcia’s return to the United States ‘as soon as possible’ so that his case could be handled as it would have been had he not been unlawfully deported,” Abrego Garcia’s lawyers argue in the latest filing.
The sanctions Abrego Garcia seeks asks the judge:
- to make factual determinations that are adverse to the administration, such as formally finding that it did not communicate with El Salvador to facilitate Abrego Garcia’s release prior to his May 21 indictment;
- order the administration over its objections to produce the documents it has withheld in discovery thus far, deeming some its privileges waived by its misconduct;
- or appoint a special master to investigate the administration’s “willful noncompliance” and identify which officials by name “willfully evaded” the court-ordered discovery, including possibly ordering the personal devices of key officials like Bondi turned over for the judge’s review;
- impose accumulating fines on officials for each day the discovery defiance continues; and
- hold the administration in civil contempt of court.
Notably Abrego Garcia, who was secretly indicted while this discovery dispute raged and subsequently returned to the United States to face charges of conspiracy to transport undocumented immigrants, is not yet seeking sanctions for the weeks-long delay in complying with the court’s order to facilitate his return. Instead, he is focused on the administration’s alleged misconduct in defying the court’s discovery order by failing to produce the required materials and witness and raising frivolous objections and privileges.
That seems to be a strategic decision to avoid the harder questions of whether the courts can order the president to engage in negotiations with a foreign country, to demand the release from a foreign prison of someone wrongfully deported to their home country, and other stickier elements of this case about which the Supreme Court has already expressed reservations.
Meanwhile, in his criminal case, Abrego Garcia asked the judge to release him pending trial.
Trump Admin Admits To ‘Perfect Storm Of Errors’
In another wrongful deportation case, the Trump administration claimed a “perfect storm of errors” led it to deport Jordin Melgar-Salmeron to El Salvador on May 7 despite an order from the Second Circuit Court of Appeals barring his removal. In the new filing this week, the administration also changed what it had previously told the appeals court about how the wrongful deportation happened.
Khalil Wins Initial Round
It took long enough, but U.S. District Judge Michael E. Farbiarz of New Jersey ruled that the Trump administration cannot detain or deport Columbia University graduate and pro-Palestinian activist Mahmoud Khalil. But Khalil won’t be released immediately, as the judge stayed his order until tomorrow to give the administration time to appeal his ruling.
The Purges: DOJ Edition
The Trump DOJ fired two more people who worked on Special Counsel Jack Smith’s team investigating Trump’s efforts to overturn the 2020 election and the Mar-a-Lago classified documents, including a non-lawyer member of the support staff, Reuters reports.
Tina Peters Revenge?
Harmeet Dhillon, assistant attorney general for civil rights, has made an unprecedented demand for a huge volume of 2020 and 2024 election data from the state of Colorado, NPR reports. While the data demand is not explicitly connected to the criminal conviction of former Mesa County Clerk Tina Peters, the Trump DOJ has already taken the unprecedented step of intervening in her federal appeal.
Trump’s Disturbing Ft. Bragg Speech Was Staged
New reporting from Military.com on the highly politicized speech President Trump gave this week at Ft. Bragg:
Internal 82nd Airborne Division communications reviewed by Military.com reveal a tightly orchestrated effort to curate the optics of Trump’s recent visit, including handpicking soldiers for the audience based on political leanings and physical appearance.
One unit-level message bluntly saying: “No fat soldiers.”
“If soldiers have political views that are in opposition to the current administration and they don’t want to be in the audience then they need to speak with their leadership and get swapped out,” another note to troops said.
Wasn’t Hard To See This Coming
Health Secretary Robert F. Kennedy, Jr., announced eight new appointees to the CDC vaccine advisory committee he sacked – and at least a couple of them are real doozies, he NYT reports.
Fulbright Board Resigns Over Political Interference
The entire board of the Fulbright program resigned over what it said was political interference from the Trump administration in its selection of this year’s Fulbright scholars.
The NYT reported:
The board approved those scholars over the winter after a yearlong selection process, and the State Department was supposed to send acceptance letters by April, the people said. But instead, the board learned that the office of public diplomacy at the agency had begun sending rejection letters to the scholars based mainly on their research topics, they said.
The board posted its resignation statement here.
Quote Of The Day
“It angers me when I see these rioters trying to pull barricades out of the hands of police officers and shoving police officers to try and grab the barricades and break the perimeter … I can tell you that if they try to do that in Mobile, Alabama, the orthopedic hand surgeons will have one hell of a weekend fixing hands. That barricade can become a weapon.”–Mobile County, Alabama Sheriff Paul Burch, commenting on this weekend’s planned “No Kings” rally
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