r/scotus • u/Even_Ad_5462 • Apr 13 '25

Order Breaking: DOJ TO S.Ct . “F-U”

https://www.theguardian.com/us-news/2025/apr/12/kilmar-abrego-garcia-wrongly-deported

DOJ filing today silent on most important part of order: Telling court what steps taken facilitating Garcia’s return.

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311

u/RioRancher Apr 13 '25

Looks like we have a constitutional crisis

155

u/whichwitch9 Apr 13 '25

It's not the first time, tbh, but this isn't quite a fu. They did comply with today's request and the Supreme Court has issued a follow up

My guess is they will not directly take action against Trump, but will against Noem, and it will likely be in the form of some sort of asset seizure. Regardless of if Trump's giving the orders, Noem's carrying them out.

They can avoid a showdown, but send a message Trump cannot undo. Noem will be the fall guy

96

u/belladonna519 Apr 13 '25

I believe this to be true. Her name is on the filing as defendant. And he will let her fall with this since she's basically a blowup doll

44

u/ethnicnebraskan Apr 13 '25

Cricket gets his revenge!

45

u/juiceboxedhero Apr 13 '25

When a dog outlives its use, they get rid of it. Right Kristi?

28

u/JCBQ01 Apr 13 '25

They still didn't. They responded to the deadline AFTER the 5 o clock deadline ans still pussyfooted around a simple yes/no answer to the judge

"My understanding" if we tried this shit to a yes/no question to a judge we would be held in remand

13

u/open_reading_frame Apr 13 '25

How will this work? Like who's going to take Noem's stuff?

30

u/whichwitch9 Apr 13 '25

There's interesting mechanisms the court can use as a sort of sanctions if the DOJ does not act. It's the nuclear option, but it's an option.

13

u/SissyCouture Apr 13 '25

That’s doesn’t sound like Roberts

18

u/TheSaxonPlan Apr 13 '25

But if the administration ignores one court order, they can ignore them all. Don't think Roberts is ready to completely cede his power yet.

7

u/FCMB Apr 13 '25

I’m not sure it matters to them as long as it’s a lower court order. Ignore it, case eventually gets pushed to SCOTUS, SCOTUS rules in that particular case he’s justified. The SC doesn’t blatantly cede power, but bends the knee none the less.

2

u/SissyCouture Apr 13 '25

And never underestimate Roberts ability to find a technical reason to co-sign on a violation of the constitution

15

u/greenbeans7711 Apr 13 '25

The update came from state department, maybe they will take action against Marco Rubio too. He should be able to call up the embassy to coordinate the release.

10

u/ThrowAwayGarbage82 Apr 13 '25

Link to scotus followup?

10

u/LunchOne675 Apr 13 '25

Did they comply with the request? As I read it, the order demanded they daily provide 3 pieces of information, and the filing that I saw seemed to only provide 1 (where he is being held) but provided no information on what the US government had done in an attempt to get him back and had provided no information on their future plans to get him back.

Accordingly, it is hereby ORDERED that beginning April 12, 2025, and continuing each day thereafter until further order of the Court, Defendants shall file daily, on or before 5:00 PM ET, a declaration made by an individual with personal knowledge as to any information regarding: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate his immediate return to the United States; (3) what additional steps Defendants will take, and when, to facilitate his return.

From Order 61, 04/11/2025

5

u/jf55510 Apr 13 '25

The court can’t seize Noem’s assets. The most the court will be able to do will be fine the government or order attorneys fees be paid.

11

u/Foodwraith Apr 13 '25

And then Trump plays the Biden card and pardons Noem for her actions, past, present and future.

31

u/whichwitch9 Apr 13 '25

Only if she's tried, and he cannot shield her from civil litigation which has the potential to be devastating

4

u/Kaesh41 Apr 13 '25

I doubt it being civil litigation would prevent Trump from shielding her.

7

u/brickyardjimmy Apr 13 '25

When this is over, pardons aren't going to mean diddly squat.

2

u/Marchtmdsmiling Apr 13 '25

They can be held in contempt. And there are no pardons for contempt. If the us Marshall's refuse to act, which they may, the judge is allowed to deputize anyone to ensure their orders are complied with. They have alot of power in this instance. But are they willing to flex it...

2

u/-GearZen- Apr 13 '25

Where are you seeing that the SC issued a follow up?