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A federal judge has ruled that the Trump administration is not engaging in “good faith” during the expedited fact-finding process related to the case of Kilmar Abrego Garcia. US District Judge Paula Xinis criticized the administration for failing to comply with its responsibility to provide necessary information.
In an 8-page ruling, Judge Xinis expressed her discontent with the Justice Department’s handling of the discovery process, which is intended to assess whether the administration is adhering to her order to facilitate the return of Abrego Garcia from El Salvador, where he was mistakenly deported the previous month.
Judge Xinis noted that the defendants have relied on vague assertions of privilege as a means to hinder the discovery process. She emphasized that these generic claims lack the necessary specificity and do not meet the court’s expectations. “Defendants have known, at least since last week, that this Court requires specific legal and factual showings to support any claim of privilege. Yet they have continued to rely on boilerplate assertions. That ends now,” she stated.
The judge ordered lawyers representing the Justice Department to furnish her with detailed legal and factual justifications for their claims of privilege, which they have invoked to avoid submitting some requested documentation sought by Abrego Garcia’s legal team.
In her order, Judge Xinis pointed out that the defendants’ broad, generalized objections are invalid and illustrate a deliberate avoidance of compliance with the court’s directives. “Given that this Court expressly warned Defendants and their counsel to adhere strictly to their discovery obligations, their boilerplate, non-particularized objections are presumptively invalid and reflect a willful refusal to comply with this Court’s Discovery Order and governing rules,” she asserted.
This ruling followed complaints from Abrego Garcia’s attorneys about inadequate responses to discovery requests, including both written interrogatories and documentary evidence. They argued that the government’s submission consisted largely of irrelevant public records and insufficiently detailed information.
DHS Attorney Deposed
On the same day, legal representatives for Abrego Garcia deposed Joseph Mazzara, the chief attorney at the Department of Homeland Security. According to sources familiar with the proceedings, Mazzara has been responsible for providing daily updates to the judge on the government’s compliance with her order.
On Tuesday, the Trump administration submitted its routine update regarding Abrego Garcia’s situation to the court under seal. “Defendants provide Notice that Defendants submitted today’s daily status report to the Court confidentially and under seal for in camera review,” wrote DOJ attorneys in a court filing.
The process of in camera review allows a judge to examine the information confidentially without both parties in the case being present, ensuring that sensitive information can be evaluated appropriately.
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