Trump Admin Respectfully Tells Judge Xinis to Pound Sand in Abrego Garcia Case

I've shared this anecdote before here on the pages of RedState, I'm certain. One of the very first lessons I learned my very first day of law school was a rule that stood me in good stead over nearly 30 years of practice: Don't piss off the judge.

It's both wise and practical advice. Typically, when you are before a judge, they hold your fate in their hands — generally, this is only in the metaphorical sense, but a judge who's predisposed to agreeing with you is preferable to one who's predisposed to making your life miserable any day of the week and twice on Sunday.

Sometimes, though...sometimes, a point is reached where a lawyer may throw caution to the wind, and I do believe we just saw that happen in the swiftly unfolding Abrego Garcia case.

As noted in my earlier write-up regarding Judge Paula Xinis' amended order (entered following the Supreme Court's supremely unhelpful opinion handed down Thursday evening), the Trump administration was given a 9:30 a.m. deadline on Friday to provide the district court with an update as to Abrego-Garcia's whereabouts and what steps have been and will be taken to secure his return from El Salvador.

New: Supreme Court Issues Order on the Removal of Salvadoran National Kilmar Abrego Garcia

The administration requested additional time (several days) to respond to Judge Xinis' amended order, and she (rather snarkily) granted them two hours. That 11:30 a.m. deadline came and went with no reply from the government. (Knowing the next docket entry would be the 59th, I was left to wonder at what it might look like.)

What will Docket Entry #59 look like? pic.twitter.com/yfqIRNpHk9
— Susie Moore ⚾️🌻🐶 (@SmoosieQ) April 11, 2025

Well...now we know. And it's basically "pound sand" in legalese:

Defendants are unable to provide the information requested by the Court on the impracticable deadline set by the Court hours after the Supreme Court issued its order. The Supreme Court’s order directs the Court to “clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” Abrego Garcia v. Noem, 25A949, 604 U. S. ____ (2025), Op. at 2. The Court has not yet clarified what it means to “facilitate” or “effectuate” the return as it relates to this case, as Plaintiff is in the custody of a foreign sovereign. Defendants request—and require—the opportunity to brief that issue prior to being subject to any compliance deadlines. Needless to say, Defendants were under no obligation to take action under the court’s order while it was administratively stayed by the Chief Justice of the United States. In light of the insufficient amount of time afforded to review the Supreme Court’s Order following the dissolution of the administrative stay in this case, Defendants are not in a position where they “can” share any information requested by the Court. That is the reality. Defendants received the order late in the evening last night. They are reviewing the order and actively evaluating next steps. It is unreasonable and impracticable for Defendants to reveal potential steps before those steps are reviewed, agreed upon, and vetted. Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.

Currently, a hearing is set in the matter beginning at 1:00 p.m. Eastern. Assuming the government plans to have its legal team in attendance, I'm not sure I envy them at the moment, even while I somewhat admire their brass.

Letting a judge know that their order is impracticable and unreasonable is certainly one approach. As the saying goes, "It's a bold strategy, Cotton — let's see if it pays off for 'em."

Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.

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