We are on the verge of what may become the most severe constitutional crisis in recent memory.
President Donald Trump is now claiming that individuals deported from the United States—including Kilmar Abrego Garcia—are no longer within U.S. jurisdiction or reach, stating that they are in the “sole custody” of foreign governments. The claim contradicts directly contradicts his prior statements.
Before I continue, I want to say thank you. Because of your support, I’ve been able to become a full-time journalist—independent, unfiltered, and fully accountable to no one but the truth. No one edits or controls what I publish but me. If you believe this kind of journalism matters, please consider becoming a paid subscriber today. I can only keep going with your support.
In an extraordinary turn, a senior State Department official told the district court this afternoon that Abrego Garcia is alive inside El Salvador’s notorious CECOT prison, known for harsh conditions and mass incarceration. However, the administration has yet to confirm whether it is taking any steps to return him to the U.S.—despite a federal court order requiring exactly that.
Only yesterday, President Trump suggested that his administration had the power to retrieve individuals wrongfully deported, stating that he would do so if the Supreme Court demanded it. Those remarks were cited just two hours ago by Abrego Garcia’s legal team as proof that such a remedy was available—and that the government’s inaction was a willful defiance of the judiciary.
Minutes before the Department of Justice filed its latest legal response in the Abrego Garcia case—one legal experts are already calling “contemptuous”—the attorneys representing Abrego Garcia formally asked Judge Paula Xinis to escalate the matter. Their proposed order requests immediate discovery and the initiation of contempt proceedings against the U.S. government.
The government’s filing notably dodges the core legal issue, merely asserting that Abrego Garcia is being held under El Salvador’s “sovereign, domestic authority” and declining to answer whether the United States has made any effort to secure his return.
This marks a stunning walkback by Trump and signals a potential direct challenge to the authority of the judiciary. Federal courts have repeatedly ordered the administration to account for Abrego Garcia’s location and status.
But if Trump is now declaring that those removed from the country are beyond the reach of U.S. courts—despite being deported in violation of court orders—it raises serious questions about the limits of executive power, the enforceability of judicial decisions, and the very foundation of constitutional governance.
The implications are profound. If the president can unilaterally ignore court orders and disclaim responsibility for U.S.-initiated deportations, it could set a precedent that not even the Supreme Court can constrain.
This is a fast-developing story. But make no mistake: what we are witnessing is no longer a bureaucratic tug-of-war. It is a full-blown confrontation between branches of government. And the outcome will determine whether the rule of law still holds in the United States.
Buckle up.
Aaron Parnas
Share this post