Trump pulls BOMBSHELL stunt, shocks the WORLD

you're watching the legal breakdown. Glenn I think you would agree that it's. really difficult to get us surprised at. something that's H that's happened uh at. the hands of this Administration what. we're about to talk about today is. exactly that to the nth degree um we've. spoken about uh these uh alleged gang. members who were deported to El Salvador. with no due process and the worry in the. leadup to this as we've been discussing. this is that there are folks who've been. rounded up who were rounded up in error. who didn't deserve to be there who. aren't the the gang members that they.

are accused of being and now we have. proof of exactly that in a story that is. perhaps one of the most frustrating. infuriating and sad things that we will. ever talk about can you explain what. happened here you know Brian this is. exactly what the due process clause of. the Constitution is designed to prevent. and Donald Trump just virtually all. over the Fifth Amendment due process. clause and here's what happened a young. man by the name of kilmar arreo Garcia.

who is a legal resident of the United. States um and who actually had a court. order protecting him from being deported. to El Salvador issued by a judge in. 2019 we just learned that as part of. this you know Mass Roundup and stuffing. into planes of alleged Venezuelan gang. members they snatched up this young man.

who happens to have a wife a 5-year-old. special needs child both he and his wife. work full-time according to the court. filing and I'll say it again he had the. protection of a court order saying he. may not be deported to El Salvador in. part Brian because in 2011 kilmar fled. El Salvador where he was being pursued. by the gangs he was his parents were. being threatened and extorted um by.

these gangs he fled here and he was not. to be deported back to El Salvador and. the Trump Administration and the ice. officials didn't care they stuffed him. on a plane with no due process as. guaranteed by the Constitution and they. sent him to a notorious terrorist prison. in El Salvador how do you think he will. fare down there now that he has been.

unconstitutionally sent to the very. country he fled and the Very country a. judge ordered he not be deported. to and that leads to my next question is. I mean is this tantamount to and and I. don't I don't I mean like this guy has a. family and so I don't say this I don't. ask this lightly but is this tant. himount to a death sentence for this guy. yeah you uh you took me right where I. was not wanting to go I when I say he's. not going to farewell being returned you.

know to the country from which he fled. and being stuck in what is reportedly. one of the most dangerous prisons where. torture of prisoners is reported to be a. regular occurrence um and here's the. kicker Brian let's add insult to injury. to outrage the Trump Administration is. now telling the court two things whoops. it was an error sorry we shouldn't have. done it and we don't think we have a.

mechanism to bring him back are you. effing kidding me so they are basically. happy to have whatever is about to. happen to you know Mr Garcia down in. that El Salvador in prison and they. can't even be bothered to defend. themselves they just said you know what. we're going to chalk this one up too an. administrative error you know what you. believe that I'll bet Donald Trump has. got a bridge to sell you he'd probably. throw in a couple of tunnels right I. mean the thing are you are you telling.

me with all the agreements that we have. with El Salvador that allows us to just. without any due process Deport these. people to their country we have no. mechanism whatsoever to bring back. somebody who is a legal resident who is. there as the result of an administrative. error that we have no mechanism to bring. that guy back I don't believe it you. don't believe it but that is what the. attorneys who are in court not exactly. defending this action because they. concede they did not have a legal legal.

reason to deport him a legal basis um. they're also saying uh we just don't. think we have a mechanism to bring him. back which sort of runs contrary to what. other doj lawyers have been saying to. for example judge bosberg in the. litigation surrounding the illegal. deportation of uh Venezuelan migrants. they're saying things like well we have. such a good and strong and robust. relationship with the El Salvadoran. government that if you you know. interfere in that judge bosberg make us.

return people you know it it really. might harm National relations well if. you have a good strong robust. relationship with that government that. is housing prisoners that you illegally. deported and sent there seems to me you. could pick up a damn phone and say send. this one back we done screwed up okay. well Glenn I'm I'm going to ask a. question that I don't presume that. you're going to have the answer to here. but I'm going to try to to channel the. voice of our viewers and that is to ask. like what how can this happen and and.

what can happen next I mean this is so. overtly I mean this is not much. different than you or I just getting. disappeared to another country and so I. know everybody's asking how can this. happen and everybody's saying this can't. happen in this country we can't just. have processes where you disappear. people like this is Russia we have due. process we have a court system and so. what happens next because I understand. there's a difference between this can't. happen and okay but it is and so really. I'm having trouble reconciling the.

complete dissolution of the rule of law. in that in within that within those. parameters but can you kind of walk me. through what what should happen what. will happen and and how this how we. could be here yeah what should happen. and what will happen you know there. there's probably an ocean between those. two things right what should happen is. our executive branch our federal. government the Trump Administration. should move Heaven and Earth to get this. wrong ly deported man who is now In.

Harm's Way who had the protection of a. court order prohibiting this and who had. constitutional due process rights that. were trampled all over our government. should move Heaven and Earth to get him. back get him back promptly and get him. back safely will that happen you know. this is the Trump Administration I. actually think Donald Trump is. celebrating maybe quietly maybe pretty. soon loudly because if you remember it.

wasn't that long ago that he posted that. he was willing to terminate the. Constitution and Brian he has put his. money where his mouth is and I don't. want to turn this into a legal breakdown. law school class but very briefly kilmar. orrego Garcia had dpress rights what. does that mean right that sounds like a. very kind of vague and and uncertain. term but here is what it means there are. 15 words in the United States. Constitution in the Fifth Amendment and.

they are no person shall be deprived of. life liberty or property without due. process of law what does that mean well. if before you can be sentenced and. imprisoned due process means a whole. heck of a lot means you got to be. indicted it means you get an attorney. appointed to you if you can't afford one. and that attorney under the Sixth. Amendment must provide you with zealous. representation you have a right to a. jury trial you have a whole bunch of. rules procedures and laws that govern. what that jury trial must look like you.

have a right to an a unanimous Verdict. by a jury you have a right to a full and. fair sentencing hearing before a judge. pronounces sentence those are all due. process rights but when it comes to. deportation something like this you know. what your due process rights are they're. very simple they're not burdensome. basically two rights you have the right. to notice from your government before. your government does this to you and you. have a right of an opportunity to be. heard and Brian all Donald Trump's.

administration had to do was take Mr. Garcia before a judge and he and his. lawyer could have held up that 2019. court order protecting him prohibiting. our government from deporting him to El. Salvador and he would be home with his. wife and his 5-year-old child right now. but the Trump Administration didn't care. they didn't do it I'm not buying it was. an administrative error the cruelty and. the arbitrariness is the point why why. so he can deter lots of other folks in.

lots of other ways so Donald Trump. wanted to terminate the Constitution. well it looks like you know he may have. had his way with the fifth amendment's. guarantee of due process of law right I. I I completely agree I think that this. isn't necessarily about this one. specific person this is about Donald. Trump showing uh his detractors that he. is all that he is exactly as all. powerful as he perceives himself as. being and so so he doesn't care what.

person he has to steamroll through in. order to get his way he's trying to send. a message and and everybody everybody. that that gets hurt as the result of. that that's that's that's just. collateral damage he's not worried about. what happens to one or two or five or 10. or hundreds or thousands of people on. the road to him showing that he is. capable of consolidating power the goal. here is is the chilling effect that this. will have in terms of people saying oh. if I stand up to this guy who has who. has Consolidated all of this power in in.

the executive branch I'm going to get. I'm going to get plowed through um that. that's really his goal and so he was. able to do that by virtue of sending. this guy away so to your exact point. he's not looking to bring him back. because because the fact that he can be. disappeared in an extrajudicial way is. the point unto itself it's not about. this guy it's about Trump being able to. display his power and that's sad part of. all of this yeah let me let me just try. to give you a more concrete answer to.

your original question what can be done. you know desperate times call for. desperate measures judges can certainly. push envelopes but they can't push them. beyond the law or the Constitution but. one thing that does come to mind is. listen the um Trump Administration and. these ice agents that engaged in this. unconstitutional deportation violated a. court order violated a judge's. protection order saying Mr Garcia cannot. be deported to El Salvador one thing the.

court has available to it is the power. of contempt and if a court wanted to. inspire the Trump Administration to get. a plane down there to El Salvador and. bring this man back um the judge could. say I am going to begin to hold everyone. in contempt who was part and parcel of. this. unconstitutional deportation that. violated a Judicial order and you know. what you want to purge the contempt um. you just go ahead and bring Mr Garcia.

back Pronto and then maybe I will. consider you know releasing you all from. contempt there are things that can be. done they're not usually done because. push doesn't usually come to shove. traditionally the executive branch will. relent if they are caught red-handed. doing something this wrong this. unconstitutional and this contrary to a. court order and they will try to make it. right well if they're not going to make. it right then the courts need to pull. every tool out of their toolbox to try.

to force the government's hand Force the. Trump administration's hand Glen what do. you make of the fact that Trump's. literal First Act in office was to. release 1600 insurrectionists because. their political ideology comported with. his and yet will not manage to lift a. finger for this guy who is. wrongfully knowingly wrongfully deported. to a foreign country one that he himself. fled because well because this guy is. brown. you know my view of the Trump.

Administration and where our nation is. right now Brian is that crime is on the. rise unfortunately that crime is being. committed in the Oval Office by Donald. Trump when for example he is having. judge after judge rule that let me just. use this as one example um his executive. orders retaliating against law firms. because they displease him in one way or. another they are unconstitutional and. the next day when he comes in off the.

golf course he signs another one what is. he doing he is acting in a knowing and. intelligent he is acting. knowingly um by continuing to sign. executive orders that have been deemed. unconstitutional you know if that's not. a complete abdication of the. responsibility of a president to take. care that the laws of the nation be. Faithfully executed for God's sakes I. don't know what is yeah I I I could not.

have said that better myself we will. leave off there and Glenn as soon as we. have any update of course you and I will. come back and bring this to the folks. who are watching right now for everybody. who is watching look it is clear that we. are in Uncharted Territory when it comes. to the illegality of this Administration. um which underscores the importance of. making sure that we have folks who are. willing to speak out uh we try to do. that on a daily basis so if you want to. support our work and support Independent. Media more broadly please make sure to. subscribe the links to both of our. channels are right here on the screen. I'm Brian tyer Cohen and I'm Glenn.

kersner you're watching the legal. breakdown. [Music].