cover of episode Deporting Due Process

Deporting Due Process

2025/4/23
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Joyce Vance
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Preet Bharara
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Preet Bharara: 我反复强调,无论Abrego Garcia是否与MS-13有关,他都有权获得正当法律程序。政府试图将此案变成一场关于Abrego Garcia是否与MS-13有关的辩论,但这并非问题的核心。Harvey Wilkinson法官的判决,即使是一位保守派法官,也强调了Abrego Garcia有权获得正当法律程序,这与政府的论点形成鲜明对比。政府漠视法治,追求权力而非宪法或法院的裁决,导致了对Abrego Garcia正当法律程序的剥夺。政府承认Abrego Garcia被错误驱逐出境,却拒绝纠正错误,这体现了政府对法治的漠视。 Joyce Vance: 无论Abrego Garcia的罪行如何,政府违反了法院的驱逐令,剥夺了他的正当法律程序。Stephen Miller的言论歪曲事实,掩盖了政府对Abrego Garcia正当法律程序的剥夺。政府选择将Abrego Garcia驱逐到他害怕的地区,而不是其他地方,这进一步证明了政府对法治的漠视。Stephen Miller将1月6日事件与Abrego Garcia案进行比较,歪曲了事实,并试图淡化政府对正当法律程序的漠视。J.D. Vance等人的言论是诡辩,试图转移公众视线,掩盖政府的错误行为。

Deep Dive

Chapters
Preet and Joyce discuss the Kilmar Abrego Garcia case, emphasizing that due process should be applied regardless of alleged MS-13 affiliation. They highlight Judge Harvey Wilkinson's opinion, which underscores the importance of due process even if the government believes Abrego Garcia is a terrorist. Preet questions why the administration seems to disregard this principle, suggesting a disregard for the rule of law.
  • The administration is attempting to make the case about Abrego Garcia's MS-13 affiliation, but this is irrelevant to the question of due process.
  • Judge Wilkinson's opinion emphasizes that even if Abrego Garcia is a terrorist, he is still entitled to due process.
  • Preet believes the administration's actions suggest a disregard for the rule of law and a desire for unchecked power.

Shownotes Transcript

Who gets due process? Did the Trump administration deny Kilmar Abrego Garcia due process by deporting him to El Salvador despite an immigration judge’s prior order blocking his removal? Listen to an excerpt from the Insider podcast with Preet Bharara and Joyce Vance.

 

In the full episode, Preet and Joyce further discuss the Abrego Garcia case, including a recent circuit court opinion, authored by a conservative judge, strongly rebuking the Trump administration’s resistance to court orders compelling officials to facilitate Abrego Garcia’s return to the United States.

Also on the Insider docket:

– The Supreme Court’s emergency order blocking the Trump administration from using the Alien Enemies Act to deport alleged Venezuelan gang members;

– A federal judge’s indication that he will launch contempt proceedings against the Trump administration for seemingly violating his order blocking some deportations; and

– The latest developments in the “Signal-gate” controversy, after reporting revealed Defense Secretary Pete Hegseth shared sensitive information in a group chat with his wife, brother, and lawyer.

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