At todays House Homeland Security Committee hearing Rep Dan Goldman DNY clashed with DHS Sec Kristi Noem over Kilmar Abrego Garciabr
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00:00I now recognize Mr. Goldman for five minutes questioning. Thank you, Mr. Chairman. I would
00:04like to go back to Mr. Kilmar-Obrego Garcia's case, Madam Secretary. But my first question for
00:11you is a pretty simple one. It's basic civics. Which branch of government does the Constitution
00:18give the authority to interpret what the law is, the judiciary or the executive branch?
00:25Sir, going forward, the interpretation of the law, you make the laws in this body, the
00:32judicial branch makes sure that they have integrity and they're applied properly to individuals.
00:37Okay, so I'm just going to take that as the judiciary branch. Now, let's focus for a second
00:44on what the judiciary branch has said about this case. We know the Supreme Court has said
00:49nine to nothing that notwithstanding your statements under oath here today that Mr. Kilmar-Obrego
00:57Garcia was afforded due process, he was in fact not afforded due process because then if he
01:04were, you would have seen the withholding order that did not permit him to be deported to El
01:10Salvador. Now, you allege, and I guess the Attorney General alleges, that he's a member
01:15of MS-13. That may very well be, that very well may be the case. And if he is, now that that is a
01:26foreign terrorist organization, certainly the immigration laws would allow him and in fact
01:33require him to be deported. I certainly would support that. But the problem that we have here
01:39is what you allege, what Ms. Green alleges, what the Attorney General alleges, is not the judiciary.
01:47You don't get to decide whether or not he is an MS-13 member. And you don't have to take my word for it
01:56because Judge Wilkinson, a Fourth Circuit judge, very conservative, addressed this argument. He said,
02:04the government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but
02:10perhaps not. Regardless, he is still entitled to due process. If the government is confident in its
02:17position, it should be assured that position will prevail in proceedings to terminate the withholding
02:25of removal order. Will you commit right now to give Mr. Abrego Garcia that process where you can
02:33prove your allegation that he is a member of MS-13? Congressman, that judge that you just quoted
02:40did not say he was not a member of MS-13. Who did say that he was a member of MS-13 was law
02:47enforcement officers that encountered this individual. Yeah, he knows that. This is a
02:51Fourth Circuit judge. He knows all of what the evidence is. And he's saying if that evidence...
02:54So you're not going to commit to follow this order. You won't commit to follow this court order.
03:00By the way, he identified himself... Madam Secretary, I am... I reclaim my time. Stop
03:03filibustering. Stop filibustering. He was surrounded by gang members of MS-13. Will you give Mr. Abrego
03:09Garcia the due process that the Supreme Court and Judge Wilkinson has required you to give him?
03:16Abrego Garcia is an El Salvador resident who is in his home country. If he were to come back to this
03:22country, he would be immediately removed again. How do you know? He has received and been
03:26treated appropriately, sir, and he is not in the country anymore. How can you say he's been
03:29treated appropriately if the Supreme Court has ruled 9-0? 9-0 that he hasn't been treated
03:37appropriately. Why is your opinion better and have more authority than the Supreme Court?
03:44Investigators, two judges, an immigration court that all said he was MS-13 and was removed from this country.
03:51But you understand, that is you saying that. That is you saying that. That is them saying that.
03:56No, no, no, no. That is you making that determination. The court has considered all that. The judge has
04:03considered all that, Madam Secretary. And if you would be quiet because I'm reclaiming my time,
04:10you are not following this court order. But let's focus on the court order because this opinion also
04:15says that to facilitate, which the Supreme Court is requiring, is an active verb. It requires that
04:22steps be taken. What steps have you taken to return Mr. Abrego Garcia to allow him to get due process?
04:33Abrego Garcia is in his home country.
04:35What steps have you taken? If your continued advocacy for him were to- I'm not advocating for
04:42him. I'm advocating for a court order, Madam Secretary. The court order says that you must
04:48take steps to follow the court order. You are here under oath. What steps have you taken to return
04:56Mr. Abrego Garcia pursuant to this court order? It's got to be extremely discouraging to be one of
05:01your constituents. To see you fight for a terrorist like this and not fight for them is extremely
05:07alarming to me. I'm fighting for due process. And that's under the Constitution. The gentleman's
05:13time has expired. The gentleman's time has expired. I now recognize-