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Trump's words undermine DOJ's argument regarding men deported to El Salvador's CECOT

Trump's words undermine DOJ's argument regarding men deported to El Salvador's CECOT

NBC News07-05-2025

WASHINGTON — The words of President Donald Trump and members of his administration undermined the government's contention during a court hearing on Wednesday that the men deported from the country under the Alien Enemies Act and delivered to El Salvador were not in the constructive custody of the United States.
In a hearing on Wednesday evening, Chief U.S. District Court Judge James Boasberg questioned a Justice Department attorney over whether Trump was telling the truth when he said that he could secure the release of Abrego Garcia from the CECOT facility in El Salvador.
Boasberg used the president's own words, as well as statements from Press Secretary Karoline Levitt and Homeland Security Secretary Kristi Noem, to chip away at the government's contention that those incarcerated at CECOT in El Salvador were not in the constructive custody of the United States.
Trump said last week that he 'could' have Garcia returned to the United States with a phone call, while Levitt said the United States was paying El Salvador 'approximately $6 million' to keep the men, and Noem said that CECOT was 'one of the tools in our tool kit' that the United States could use.
'Is the President not telling the truth, or could he secure the release of Mr. Abrego Garcia?' Boasberg asked Deputy Assistant Attorney General Abhishek Kambli, who was representing the government on Wednesday.
'Was the president telling the truth,' when he said he could pick up the phone and secure the release of Garcia or not, Boasberg asked.
'That goes towards the president's belief about influence he has,' Kambli responded, saying that "influence does not equate to constructive custody."
Under questioning from Boasberg, Kambli said that a "grant" dated March 22 that was described as for law enforcement needs related to the 238 alleged Tren de Aragua members recently deported to El Salvador. Kambli confirmed 'grants were made' that 'can be used for detention of these individuals.'
Boasberg said the plaintiffs had 'a lot of facts in your favor' in arguing that the United States had what's called 'constructive custody' of the men — something the Trump administration has argued in and out of court they do not have. Boasberg questioned Kambli on whether the government would concede that transferring individuals to CECOT without due process would mean that the government had violated the rights of the deportees.
'I don't know if I would put it in those terms," Kambli replied.
Boasberg has ordered the Trump administration to provide sworn declarations from administration officials regarding the issue of who exactly has custody of these individuals at CECOT.
Boasberg has ordered lawyers from the American Civil Liberties Union and Democracy Forward who brought the lawsuit to review that information, and to decide, by Monday, whether or not to request discovery — and if so, exactly what questions, depositions, and documents they are requesting. After that, Boasberg will decide exactly what to order the government to produce, if necessary.
The Supreme Court last month lifted Boasberg's order which temporarily blocked the administration from sending members of Tren de Aragua to El Salvador under the Alien Enemies Act, but the Supreme Court didn't reach a decision on the merits of Trump's invocation of the act. Last week, a Trump-appointed judge became the first to strike down the administration's use of the act, which had previously only been deployed during the War of 1812, World War I and World War II.
While the Trump administration proclaimed that they won the Supreme Court argument, Boasberg questioned Kambli about the decision, noting that the court had not reached the merits of the administration's invocation of the Alien Enemies Act. Boasberg asked whether Kambli acknowledged that the Supreme Court didn't reach the arguments about the administration's use of the act itself, and Kambli conceded that the court "did not analyze that precise issue."
"I assume that's a yes," Boasberg replied.

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How Trump defanged the Justice Department's political corruption watchdogs
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Third Chinese scientist arrested after smuggling ‘biological pathogens' into US from Wuhan after ‘agroterrorism' probe
Third Chinese scientist arrested after smuggling ‘biological pathogens' into US from Wuhan after ‘agroterrorism' probe

Scottish Sun

time6 hours ago

  • Scottish Sun

Third Chinese scientist arrested after smuggling ‘biological pathogens' into US from Wuhan after ‘agroterrorism' probe

Han Chengxuan was arrested at Detroit Metropolitan Airport on Sunday WUHAN SHOCK Third Chinese scientist arrested after smuggling 'biological pathogens' into US from Wuhan after 'agroterrorism' probe Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A THIRD Chinese scientist has been charged for allegedly smuggling "biological material" into the United States. It is the second such case within a matter of days after a University of Michigan researcher and her boyfriend were charged for allegedly bringing a toxic fungus into the country. Sign up for Scottish Sun newsletter Sign up 5 A Chinese scientist has been charged with smuggling biological materials into the United States Credit: U.S. District Court for the Eastern District of Michigan 5 Han was arrested on Sunday at Detroit Metropolitan airport Credit: U.S. District Court for the Eastern District of Michigan 5 She initially denied sending the parcels at all, court documents claim Credit: U.S. District Court for the Eastern District of Michigan In the latest case, Han Chengxuan was arrested at Detroit Metropolitan Airport on Sunday. Cops claim she sent four packages from China to the States that contained "biological material related to round worms". These packages were sent to people linked to the University of Michigan lab between September 2024 and March 2025. Han has been charged with smuggling goods into the United States. She initially denied sending the parcels at all, court documents claim. Han would then insist they contained plastic cups rather the petri dishes before ultimately admitting to sending the samples, the documents add. They had reportedly been collected during her PhD research in the Chinese city of Wuhan. FBI Director Kash Patel posted on X: "Han is alleged to have sent four packages to the U.S. from China containing a biological material related to round worms — addressed to individuals associated with a lab at the University of Michigan. "Upon arriving at the Detroit Metropolitan Airport on June 8, Han allegedly made false statements to federal officials regarding the packages she had previously mailed — and had erased her electronic device just days prior. "In a follow up interview with FBI and ICE HSI agents, Han admitted to sending the packages and lying about their contents. China floods sea bases with nuke bombers, terrifying satellite pics show - as US warns Xi could SEIZE Taiwanese islands "This case is part of a broader effort from the FBI and our federal partners to heavily crack down on similar pathogeon smuggling operations, as the CCP works relentlessly to undermine America's research institutions." It comes after two other Chinese scientists were charged last week for allegedly trying to smuggle a toxic fungus into the States. Researchers Jian Yunqing, 33, and Liu Zunyong, 34 are facing charges of smuggling goods, conspiracy, visa fraud and providing false statements. They are alleged to have tried to bring Fusarium graminearum into the country - which can cause severe damage to livestock and crops. 5 Jian denied that she was aware of her boyfriend's intent to smuggle the pathogen Credit: University of Michigan 5 Samples of a pathogen identified by the US Department of Justice as Fusarium graminearum Credit: Reuters Authorities claim the fungus could be used as a "potential agroterrorism weapon". Prosecutors say Liu attempted to smuggle it through Detroit Airport so it could be studied at a University of Michigan laboratory. Jian, who is Liu's girlfriend, worked at the lab according to prosecutors. The university did not have the necessary federal permits to handle this pathogen. A statement from the university says the institution has not had "funding from the Chinese government in relation to research conducted by the accused individuals". Officials further allege that Jian is a Chinese Communist Party member, and that her research on the fungus in China got Chinese government funding. Liu allegedly lied about trying to bring the pathogen into the country in July 2024 before later admitting it. While Jian has been arrested in the US, Liu was sent back to China at the airport - so his arrest is unlikely unless he returns. Following Jian's arrest, FBI Director Kash Patel posted on X: "This case is a sobering reminder that the CCP is working around the clock to deploy operatives and researchers to infiltrate American institutions and target our food supply, which would have grave consequences... putting American lives and our economy at serious risk."

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