Cooper points to Wilkinson line in 4th Circuit opinion that the government's claim that there's nothing more to be done to facilitate return is "shocking" to the conscience & that indicates that there's #misconduct

Wrapping up, #Xinis thanks everyone.

She announces a 10 minute break before the parties go into a closed session to discuss some of the matters that remain under seal.

End of

Guynn: Govt's claim is that he is a member of MS-13 & he was removed on that basis, is basis of detention in #ElSalvador bc the Salvadoran govt believes he's MS-13 too

#Xinis: Maybe we need to table this for sealed hearing.

Guynn agrees.

Xinis: Anything else to talk about in open court before we get into the nitty gritty in close session?

Cooper, for Abrego Garcia, interjects to raise issue about government #misconduct.

Now we're on the subject of whether #KilmarAbregoGarcia is being held pursuant to an extradition treaty (because of govt's claim that he's being held under domestic custody).

Guynn says he thinks that info has been provided, he wasn't extradited.

Guynn: Basis of him being detained in #ElSalvador also doesn't go to #misconduct.

#Xinis: C'mon, you took over this case. You read that transcript.

There's a back-&-forth between Guynn & Xinis. Guynn eventually agrees to assume for the sake of argument that Garcia was unlawfully detained/removed.

But says even if that's assumed, there's still no showing of govt #misconduct on that basis

Guynn addresses the govt #misconduct exception. Says not clear from Cooper's discussion what misconduct at issue. Failure to provide info? Failure to comply w/court's order? Etc

#Xinis: Or all of the above? [exactly]

Guynn starts talking about the circumstances of #KilmarAbregoGarcia's removal.

"That was an administrative error" that he was removed to a country he shouldn't have been removed to, but that doesn't mean there was misconduct.

After Cooper argues that #DeliberativeProcess #privilege doesn't apply given #misconduct by the govt, he turns to another exception: the "compelling need" exception.

That squarely overrides the invocation of the privilege here, he tells Judge #Xinis.

Cooper: This discovery is relevant & important. Govt hasn't pointed to alternative sources of info. There's been no substance produced of information that's key & critical here.

Guynn: Think would need to brief that. But I don't want to concede that #intent is at issue.

#Xinis asks attorney for #KilmarAbregoGarcia to come up & address the "government misconduct" exception to #DeliberativeProcess #privilege.

[Because the privilege is not absolute & can be overcome by a showing of govt #misconduct]

Up for Abrego Garcia this time is Jonathan Cooper

Cooper: From the beginning this has been a case about govt misconduct

Interim Washington #USAttorney #EdMartin said in the letter sent to his staff on his last day on the job that he is under investigation by the DC Office of Disciplinary Counsel [#DCBar]. The office is in charge of investigating & bringing #misconduct proceedings against attorneys in the district.

Day 22 cont

“Opposition #Leader #PeterDutton says former #HomeAffairs Department secretary #MikePezzullo , who was sensationally sacked from the public service in 2023 for #misconduct and later stripped of his Order of Australia honour, “should have a role to play in the future of this country” if the #Coalition wins the election.”

They say this is Leadership.

#AusPol / #Liberal / #LNP / #Coalition <https://archive.md/5k7Qm> / <https://www.smh.com.au/politics/federal/dutton-says-sacked-home-affairs-boss-pezzullo-should-have-a-role-to-play-in-nation-s-future-20250420-p5lsz7.html> (paywall)