Trump's words undermine DOJ's argument about men who were deported to El Salvadors Cecot

Washington – The words of President Donald Trump and members of his administration undermined the government's claim in a court hearing on Wednesday that according to the law on Alien Enemies Act, and not delivered to El Salvador in the constructive custody of the United States.

At a hearing on Wednesday evening, the judge of the US district court James Boasberg asked a lawyer of the Ministry of Justice as to whether Trump said the truth when he said that he could secure the release of Abrego Garcia from the Cecot facility in El Salvador.

Boasberg used Trump's own words and statements by the press spokesman Karoline Leavitt and the Minister of Homeland Protection Minister Kristi Noem to remove the government's claim that those who were imprisoned in Cecot in El Salvador were not in the constructive custody of the United States.

“Constructive custody” refers to the legal idea that people can be recorded at the behest of the government, even if they are not recorded in their physical detention.

Trump said last week that he could go back to the USA with a call “, while Leavitt said that the United States paid El Salvador” about $ 6 million “to keep the men, and Noem said that Cecot was” one of the tools in our tool kit “that the United States could use.

“Is the president not the truth or could he secure Mr. Abrego Garcia's release?” Boasberg asked the deputy deputy general prosecutor Abhishek Kambli, who represented the government on Wednesday.

“The president told the truth” when he said he could pick up the listener and secure Garcia's release or not? Asked Boasberg.

“This corresponds to the president's belief about the influence he has,” replied Kambli and said, “Influence does not correspond to constructive custody.”

With Boasberg, Kambli, a “subsidy” of March 22, said, which were described as law enforcement needs in relation to the 238 men who are supposedly Tren de Aragua members, who were recently deported to El Salvador. Kambli confirmed that “grants were made” that “can be used for the detention of these people”.

Boasberg said that the plaintiffs had “many facts in their favor” when they argued that the United States had the so -called “constructive custody” of men – what the Trump government put on trial. Boasberg surveyed Kambli, whether the government would admit that the transfer of people without proper procedure would mean that the government violated its rights.

“I don't know if I would put it in these terms,” ​​Kambli replied.

Boasberg has instructed the Trump government to give evaluated explanations from administrative officers about the question of who has exactly custody of the people in Cecot.

Boasberg has ordered lawyers from the American Civil Liberties Union and Democracy Forward, who have initiated the lawsuit to check the information and decide by Monday whether they would like to request discoveries – and if so, what questions, deposits and documents they request. After that, Boasberg will decide what the government should order if necessary.

The Supreme Court lifted the order of Boasberg last month, which temporarily prevented the administration from sending members of Tren de Aragua to El Salvador according to the law on Alien enemies, but he did not make a decision on the justification of the population by Trump by the law. Last week was a judge named by Trump's judge to settle the use of the law by the government, which had previously been deployed during the war of 1812, the Second World War and the Second World War.

While the Trump administration announced that it won the top court's argument, Boasberg Kambli questioned the decision and found that the court had not achieved the establishment of the appeal on the ania Enemies Act. Boasberg asked whether Kambli had agreed that the Supreme Court did not achieve the arguments about the use of the law itself by the government itself, and Kambli admitted that it “did not analyze this exact problem”.

“I assume that's a yes,” replied Boasberg.

CORRECTION (May 7, 2025, 8:45 p.m. ET): A previous version of this article has missed the last name of the Press spokesman of the White House. It is Leavitt, not Levitt.