Reagan-appointed judge rips Ill-Mannered Douche a new one in Garcia cas
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Reagan-Appointed Judge Goes Nuclear on Trump's 'Shocking' Behavior
"It is difficult in some cases to get to the very heart of the matter,
the Fourth Circuit ruling said. "But in this case, it is not hard at
all."
Liam Archacki
The Daily Beast
Published Apr. 17 2025 6:23PM EDT
A federal appeals court said it was "shocking" that the Trump
administration claimed it was unable to return Kilmar Abrego Garcia.
In a blistering ruling on Thursday, a three-judge panel unanimously
agreed that a group of President Donald Trump's top officials --
including Homeland Security Secretary Kristi Noem and Attorney General
Pam Bondi -- must fulfill a judge's request for sworn testimony about
their failure to heed her order demanding Abrego Garcia's return.
"It is difficult in some cases to get to the very heart of the matter,"
the Fourth Circuit ruling said. "But in this case, it is not hard at
all."
The opinion -- written by Judge J. Harvie Wilkinson III, a Ronald
Reagan appointee -- said that Trump "is asserting a right to stash away residents of this country in foreign prisons without the semblance of
due process that is the foundation of our constitutional order."
"Further, it claims in essence that because it has rid itself of
custody that there is nothing that can be done," it said. "This should
be shocking not only to judges, but to the intuitive sense of liberty
that Americans far removed from courthouses still hold dear."
Neither the White House nor the Justice Department immediately
responded to The Daily Beast's request for comment.
Wilkinson is a hardline conservative whose previous notable opinions
include upholding a controversial Virginia abortion ban and supporting
the government's right to indefinitely detain American citizens during
wartime. He was floated as a possible nominee for the Supreme Court's
Chief Justice under George W. Bush.
He was joined in his decision by the panel's other two judges, Robert
B. King (appointed by Bill Clinton) and Stephanie D. Thacker (appointed
by Barack Obama).
Abrego Garcia's deportation last month has become a political flashpoint.
The 29-year-old Maryland father of three was one of hundreds of
undocumented migrants shipped off to an infamous El Salvador mega
prison by Trump's Department of Homeland Security. A government
official previously admitted Abrego Garcia's deportation was due to an "administrative error."
The appeals court's ruling dismissed this excuse and urged Trump to
demonstrate "mutual respect... for the other branches of government."
"Too often today this has not been the case, as calls for impeachment
of judges for decisions the Executive disfavors and exhortations to
disregard court orders sadly illustrate," it said.
The ruling asked the question, "If today the Executive claims the right
to deport without due process and in disregard of court orders, what
assurance will there be tomorrow that it will not deport American
citizens and then disclaim responsibility to bring them home?"
Trump is using a rarely used statue named the Alien Enemies Act to
justify the immigration crackdown.
The ruling worried that Trump could, as he's hinted, start shipping
American citizens to the mega prison next.
This line cited two news articles (from Fox and ABC) about Trump's
brazen suggestion Tuesday that he could begin deporting Americans -- in
his words, "homegrown criminals" -- to El Centro de Confinamiento del Terrorismo next.
Alongside the Abrego Garcia case, Trump has defied and ignored a
separate court order that instructed him to turn back two planes of
alleged Venezuelan gang members on their way to El Salvador last month.
Chief Judge of the District Court James Boasberg -- whom the president
has deemed a "radical left lunatic... worthy of impeachment" -- issued
a similarly scathing ruling Wednesday beginning the process of holding
Trump and top officials in criminal contempt for their failure to heed
his order.
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