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00:00We really have to ask people to take three steps backwards so we can fit everybody under the overhead.
00:05I mean, because we could also take the crowd over there.
00:07You won't get anything on television.
00:10Well, I'm sure you'll hear it now.
00:28You don't know where he is.
00:29They want more coming.
00:30You don't know where he is.
00:31Because I wouldn't have to say anything.
00:32You can put it on the parole stamp.
00:35You can put them in with your parole stamp.
00:37Okay.
00:39Okay.
00:39Oh, okay.
00:40All right.
00:43I'm not going to start.
00:44If I'm really...
00:46I'm going to start.
00:47I'm going to start.
00:47All right.
00:48I'm going to start.
00:49All right.
00:50All right.
00:51Let's go.
00:52Thank you.
00:53All right.
00:53Okay.
00:54All right.
00:56Okay.
00:56Do I like that?
00:58Okay.
00:59Gracias.
01:29Gracias.
01:59Gracias.
02:29Gracias.
02:59Gracias.
03:29Gracias.
03:59Gracias.
04:29Gracias.
04:30Gracias.
04:31Gracias.
04:32Gracias.
04:33Gracias.
04:34Gracias.
04:35Gracias.
04:36Gracias.
04:37Gracias.
04:38Gracias.
04:39Gracias.
04:40Gracias.
04:41.
05:02¡Gracias!
05:32¡Gracias!
06:02My name is Simon Sandoval-Moschenberg with the law firm of Murray Osorio.
06:06This afternoon we were back in front of Judge Zinis on remand from the United States Supreme Court,
06:12which last night issued a unanimous 9-0 decision affirming the order of the district judge
06:20that they need to facilitate the return of Kilmar Abrego-Garcia to the United States
06:26and give him all of the due process that he should have had before he was illegally deported
06:32and that they need to do that as quickly as possible
06:36and that they need to share with the court information about what they're doing.
06:43After the Supreme Court issued that order, the district judge issued a further order
06:48clarifying her ruling and explaining that the government needs to take all steps reasonable
06:55to facilitate the return of Mr. Abrego-Garcia to the United States
06:59and that in the meanwhile, it needs to provide the court with information,
07:05specifically three pieces of information.
07:08One, where is Mr. Abrego-Garcia right now?
07:11What is his custodial status?
07:14Two, what has the government done so far to try to bring him back?
07:19There were several days when the court's order was in effect prior to the Supreme Court entering a stay
07:26and now it's been more than 12 hours since the Supreme Court lifted the stay.
07:33What has the government done during that time to bring him back?
07:38And then three, what is the government planning to do to carry out the court's order,
07:46which is, again, to take all reasonable steps to facilitate the return of Mr. Abrego-Garcia
07:52to the United States as quickly as possible?
07:55The government refused to provide any of those pieces of information that the judge ordered them to provide.
08:02Not only the information about what future steps they're planning to take,
08:08they even refused to answer the question about what they've done so far
08:11and they even refused to answer the question about where Kilmer Abrego-Garcia is today.
08:18For the second time in this case, they sent a lawyer into court who had no answers.
08:25He explained that his clients, the government, have chosen not to give him any information,
08:30not to give him any evidence, and the district judge appropriately
08:35was not willing to accept their vague and unsubstantiated assertions
08:44that, don't worry, judge, we'll take care of this all in due course.
08:50The government attorney did say that they intend to comply with the order and bring him back.
08:56That's the bare minimum.
08:57They should have done that already.
08:58They've had plenty of time between the Supreme Court's order early yesterday evening and now.
09:04He should be here in the United States.
09:05It's a five-hour flight.
09:09So the judge ordered that they provide detailed status updates on a daily basis,
09:16including as soon as tomorrow, Saturday, Sunday, Monday, Tuesday.
09:20She's going to give our legal team the opportunity to respond to each one of those.
09:28We are also, as plaintiff's counsel, we are not going to accept the government's generic
09:33and unsubstantiated assertions that they're working on this, that they're considering it,
09:38that they're debating it, that they're taking steps.
09:40We are also going to be insisting that they provide specific concrete details to the court,
09:45as well as specific names of specific individuals who actually know what is going on,
09:52instead of declarations or pleading signed by lawyers who then come into court and say,
09:57I actually have no personal knowledge.
09:59And then we'll be back in court on Wednesday.
10:03Simon, what does the judge, what power does this judge have if, in fact,
10:08she doesn't get satisfactory answers from the judge?
10:10The judge has considerable power to enforce her orders.
10:14What can't you do?
10:17We are going to trust that after today's very strong words from the judge,
10:28the government is going to provide a meaningful and detailed status update tomorrow, Saturday.
10:34But if they don't, we'll respond and we'll tell the judge what relief we think she should order.
10:42Do you believe when they say the U.S. government will comply with the order of the Supreme Court?
10:48How do you take that statement?
10:53The judge has, I'm grateful, I shouldn't need to be grateful that they're going to comply
10:59with an order of the United States Supreme Court.
11:01But we are grateful, at the very least, that they acknowledge that they're going to comply
11:04with the order of the United States Supreme Court.
11:06The judge is very appropriately requiring them to provide daily updates about the steps
11:12that they're taking in order to do that.
11:15And if those updates are either, A, not sufficiently detailed,
11:20or B, reflect that they're not moving with all due haste,
11:25we are going to be back in front of the judge requesting relief.
11:28What did you think of their disagreement with her about what the Supreme Court had actually ordered?
11:34I think the judge sort of appropriately shut that down very quickly by saying
11:40that the Supreme Court affirmed her order, asked for clarification on one verb,
11:45and she provided that clarification in her subsequent order yesterday evening.
11:50Sir, I'd like to know, how concerned are you that you're not going to be able to talk to your client,
11:56and what relief will you seek if you don't get the answer to the Supreme Court?
12:01I can't get into details about what relief we're going to be seeking.
12:04It really does depend on what the government comes up with in their next filing.
12:07What I can say is that we're not going to be sitting back and sort of waiting,
12:11waiting to see what they have to say on Sunday, Monday, Tuesday.
12:14If they don't take this order, if they don't take today's order seriously, we'll respond seriously.
12:23But I'm not asking for the court to immediately send Mr. Abwego Farsi up back,
12:28because this could potentially push things off all the way until next week.
12:33The court already ordered that last night.
12:37Last night, the court ordered the government to take all reasonable steps
12:43to facilitate the return of Mr. Abwego Garcia.
12:45So I didn't need to come into court today and ask the judge to order again what she already ordered last night.
12:50Now the question is, how are we going to know if the government is actually doing that?
12:54And that's what the judge put some very, very, very fine point on today.
12:59Simon, you've had cases where you said that ICE has actually gone
13:03and bent over backwards and bring people back who were deported illegally.
13:08How quickly were those cases carried out?
13:11Anything close to what's happening here?
13:13Yeah, there's no reason that this case needed to become a national issue.
13:19There's no reason that this case needed to go to the United States Supreme Court.
13:23And it's been the government that's done that at every step of the way.
13:26It's been the government that turned this into a national issue.
13:28It was the government who appealed the judge's original, very reasonable and modest order
13:34all the way up to the United States Supreme Court.
13:36And now it's the government who is, you know, coming into court saying,
13:41yes, judge, we blew off your first deadline.
13:43We haven't yet, you know, taken any steps or we're not prepared to show you what steps we've taken to comply with your order.
13:50Wrongful deportations happen from time to time.
13:54And when the government realizes that they've done that, they facilitate the return.
14:00They have a policy about it.
14:02Courts have ordered it all up and down the United States for years.
14:07We provided several examples in our briefing.
14:09And the Supreme Court didn't have any issue whatsoever.
14:149-0 unanimously agreed that the district judge's order that they facilitate his return was absolutely proper,
14:24is in effect today, right now.
14:26There was one verb that they weren't sure what it meant.
14:28They asked her to clarify it and she didn't.
14:30Simon, because the family has requested just an update on how he might have been doing.
14:36They weren't even able to provide that today.
14:38Do you respond to that?
14:39Yeah, that was the most shocking thing of all, that the attorney for the government wasn't even prepared to answer the question,
14:45where is Kilmar Abrego today and what is his custodial status?
14:49I was very dismayed and disheartened by the fact that they wouldn't answer such a straightforward question.
14:56And in your position, you know nothing about his current state?
15:00No, neither we nor the family have been able to make any contact with him.
15:04This is one of the principal human rights violations that occurs in that facility,
15:08is that inmates and detainees in that facility are held incommunicado.
15:14Simon, how disappointing is it that the government is pushing back and fighting this effort that you guys are trying to bring him back to the country?
15:21I had really hoped that after a 9-0 loss at the United States Supreme Court, they would essentially say,
15:28all right, we get it and start acting in good faith.
15:32I do have hope that now that they've seen that the district judge is not going to be taking this lightly,
15:42that they will start acting in good faith, and that we're actually going to see a meaningful status report tomorrow
15:49that's going to detail meaningful activity taking place.
15:52But of course, if they don't, we'll be prepared to respond.
15:54Attorney White-President says that there are charges against him in the battle.
15:58Would that mean that he will need to come back?
16:01I think it's preposterous that there be charges against him in El Salvador.
16:05He hasn't been in that country since the age of 16, about a decade ago.
16:08But in your sur-reply, you noted that the Solicitor General was claiming that there may be reasons for El Salvador to hold it.
16:20The Solicitor General, in their last brief to the United States Supreme Court, sort of made a vague, kind of waved their hands and said,
16:27well, you know, we might have some information that El Salvador might have some reason that they want to hold him.
16:32What we responded is, essentially in keeping with what the judge said at the very start of the first hearing in this case last week,
16:40she started the first hearing in this case by saying, I'm going to decide this case based on the evidence in the record.
16:45And there's no evidence in the record of any criminality, gang ties, any of that stuff.
16:52I mean, at this point, I have to assume that if they had any of that evidence, they would have filed it.
16:56And that's essentially what the judge said today.
16:58Again, she reiterated, I'm going to assume based on the fact that you haven't filed any evidence, that you have no evidence.
17:06What the judge said today?
17:07Well, the day of today, after the fall of the Supreme Court ayer, that failed in a unanimous decision, 9-0,
17:23that the original order of the judge is correct, that the U.S., the U.S. has to facilitate the return of Kilmar Abrego Garcia to the U.S.,
17:35taking all the possible steps, reasonably possible, as soon as possible.
17:41That was the mistake of the Supreme Court at night.
17:44In the Supreme Court, there was one word, which is the word, EFECTUAR,
17:49which the Supreme Court said, well, we're not sure what the judge said when the judge said EFECTUAR.
17:55And so, this same night, the night of ayer, the judge put a new order,
18:01explaining that EFECTUAR means taking all the reasonable steps possible possible for Kilmar to return to the U.S.
18:11Then, the judge said, okay, then you also have to tell me three things.
18:18First, where is Kilmar and under which custody is.
18:22Second, what is what has been done until the date?
18:26Because they have already had a week.
18:29During the half of this week, the order of the judge was in effect.
18:34What did you do during this time to make my order?
18:39What did you do in the U.S.?
18:41What did you do in the U.S.?
18:42Now, what did you do when you do this to make my order?
18:46para facilitar el regreso de Quilmar Obrego García a los Estados Unidos.
18:53La jueza puso una fecha límite que antes de la audiencia de hoy,
18:59Estados Unidos, el gobierno tenía que contestar esas tres preguntas.
19:03No lo hicieron.
19:05Entonces, la jueza puso una orden, bueno, primero reafirmó su orden
19:10de que Estados Unidos tiene que traerlo de regreso tan pronto posible.
19:14Y segundo, ordenó que diariamente, incluso fin de semana,
19:20tienen que dar una actualización a la corte detallada
19:24y de una persona que tiene conocimiento personal,
19:27no un abogado, sino un oficial del gobierno,
19:33tiene que actualizar a la corte diariamente de qué es lo que se está haciendo.
19:38Va a haber otra audiencia el miércoles,
19:39pero entre aquí y miércoles, si nosotros no estamos conformes
19:44con lo que el gobierno está haciendo
19:47o con el nivel de detalle que el gobierno está dando sobre sus acciones,
19:52nosotros siempre podemos someter algo por escrito a la corte.
19:56Abogado, ¿qué opciones tiene la jueza si el gobierno no le da esta información
20:01que ella solicitó?
20:02¿Cuáles son las opciones para hacer cumplir esta orden?
20:04Y en segundo lugar, si me permite,
20:06dada la nueva explicación de la jueza sobre la orden,
20:09¿existe usted, reconoce, un escenario donde el gobierno cumpla la orden
20:12y aún así no regrese su defendido?
20:14La jueza tiene bastante poder para enforzar sus propias órdenes.
20:21Lo que está haciendo en este momento, y es correcto,
20:24es dar al gobierno básicamente una breve oportunidad para cumplir,
20:30mejor dicho, por las buenas.
20:32Pero no vamos a estar con brazos cruzados entre aquí y el miércoles.
20:37Definitivamente vamos a estar contestando diariamente
20:40cada actualización del gobierno y dando nuestro punto de vista a la jueza.
20:50De ahí, yo no creo que hay nadie en este país
20:54que crea que Estados Unidos es impotente para traer a Kilmer de nuevo.
21:01Yo creo que todo el mundo sabe que está ahí en El Salvador,
21:04que está ahí en esta cárcel en El Salvador,
21:07porque Estados Unidos lo puso allá,
21:08y que prácticamente sacarlo de ahí,
21:13pedir que se lo devuelven a la embajada estadounidense en Santa Tecla
21:18para traerlo de nuevo,
21:20es algo realmente sencillo.
21:24Y si nosotros se lo pedimos al gobierno de El Salvador de buena fe,
21:30si nosotros hacemos esta solicitud,
21:33pues yo y yo creo que todo este país entiende que el gobierno de El Salvador
21:39no tiene razón para no cumplir con esa solicitud.
21:43Si el gobierno de El Salvador,
21:46si el gobierno de El Salvador,
21:48si el gobierno de El Salvador,
21:50y no hay no estatus updates,
21:53¿qué remedio es ahí para asegurar que
21:56que el gobierno de El Salvador,
22:11Sullivan, they've assigned
22:13I think more than a dozen attorneys to this case
22:16they've done a fantastic
22:17job of
22:19briefing this case, the Supreme
22:21Court asked us to file
22:23a brief on Tuesday at 5, we filed it by
22:25Monday at 5
22:26and we're going to leave no stone
22:29unturned in
22:31asking the judge for
22:33the appropriate remedies if the government doesn't
22:35comply with her orders
22:41do you repeat what you said
22:54about
22:54there's three things that
22:57they're being asked to do
22:59and every single day
23:02the judge expects them to do it
23:04there's one thing that they're being asked to do
23:05the one thing they're being asked to do is to take all reasonable
23:08steps to facilitate
23:10the return of Kilmar Abrego Garcia
23:11in the meanwhile
23:13they're asked to provide three pieces of information
23:15one is, what is the current status
23:18of Mr. Abrego Garcia, where is he
23:19and under whose custody
23:20two, what steps have you taken to date
23:23and then three, essentially
23:25what's the plan, what steps are you going to take
23:27going forward
23:28but the thing that the government was asked to do is to bring him back
23:31and that's what they need to really get started on
23:33now, no more games
23:34what's your take on why he's saying
23:37this is in practice, it seems like a very straightforward thing
23:39is it just
23:41like dragging
23:42or do you really think that there's
23:43is there some legal argument
23:45that they could possibly not
23:46no, I think there's
23:48again, I don't think there's anyone in this country
23:50who
23:51believes the government when they say
23:54well we don't know how to do this
23:56we can't figure out how to get someone out of
23:58a Salvadoran jail
24:00they got Kristi Noem out of a Salvadoran jail
24:02right, I mean they can get Kilmar Abrego Garcia
24:04out of that same jail
24:05I just want to ask you
24:09what was your reaction when they didn't answer
24:12where he was going to be
24:14where he was going to be
24:15I really was incredible
24:17when the government lawyer said
24:20that he couldn't answer the question
24:22thank you
24:39and it's all
24:40the
24:41legal, un asunto político. Eso no es un asunto político, eso es un ser humano. Eso es un
24:47caso bastante sencillo, realmente sencillo. O sea, se equivocaron, cometieron un error
24:53y ahora hay que rectificar este error y poner las cosas como estaban. El que está complicando
24:58todo esto y el que está haciendo un show a nivel nacional, tomando esto a la Corte
25:04Suprema, eso ha sido el gobierno desde el principio y ahora ya es hora de que dejen
25:09de jugar. Sé que la familia no quiere hablar, pero usted ha hablado con ellos. ¿Cuál es
25:13el sentido de ellos en este momento? No puedo hablar por ellos en este momento.
25:18Abogado, el presidente Trump dijo que en principio se pensó que Quilmán era el ángel del Tren de Aracos.
25:23Eso lo dijo en la Casa de la Ciencia. ¿Ustedes sabían que el presidente había
25:26cumplido también el Tren de Aracos? Han dicho un montón de cosas desde la Casa Blanca, en ruedas
25:31de prensa, en tweets, pero yo soy un abogado y en este caso, en la Corte, no han sometido
25:39una sola página de evidencia en su contra.
25:45Gracias.
26:09Gracias.
26:11Gracias.
26:41Gracias.
26:42Gracias.
26:43Gracias.
26:44Gracias.
26:45Gracias.
26:46Gracias.
26:47Gracias.
26:48Gracias.
26:49Gracias.
26:50Gracias.
26:51Gracias.
26:52Gracias.
26:53Gracias.
26:54Gracias.
26:55Gracias.
26:56Gracias.
26:57Gracias.
26:58Gracias.
26:59Gracias.