It looked like a scene from Batman. The supposed leader of the free world buddying up to Nayib Bukele, President of El Salvador, who likes to be known as “the world’s coolest dictator.” The Oval Office looked warm and inviting; two friends catching up after too long. Juxtaposed with the bullying that took place when another, heroic President stopped by, the warmth quickly gave way to a chill.
While any flag-loving American should shake their head at “cool” and “dictator” landing in the same sentence, Donald J. Trump doesn’t seem to mind. He admires Bukele, just like he does Orban and Putin. In a vacuum, it’s a terrifying prospect. But in the context of a unanimous Supreme Court decision, it’s a dangerous reality.
Today, President Trump just chose 1 foreign dictator over 9 United States Supreme Court Justices. Let me type that out once more.
Today, President Trump just chose 1 foreign dictator over 9 United States Supreme Court Justices.
Trump Administration Makes Excuses
Last Thursday, the Supreme Court upheld a district court’s Order to “facilitate” the return of Kilmar Abrego Garcia, a Maryland resident whom the Trump administration admitted to deporting due to an administrative error. However, SCOTUS also called into question the Court’s order to “effectuate” his return, noting that the district court should clarify its order “with due regard for the deference owed to the executive branch in the conduct of foreign affairs.”
While the Trump administration focuses on the text’s mention of deference (versus effectuation), it turns a willfully blind eye to the Order itself. After all, SCOTUS wrote that U.S. District Judge Paula Xinis’s order “properly requires the government to facilitate Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.” SCOTUS also confirmed that the government “should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”
In other words, the highest court in the land ordered its Executive to both facilitate Abrego Garcia’s release from El Salvador and to get him home. The deference due to the executive branch is for how – not whether – they follow the Court’s Order.
Amended Order
Following SCOTUS’s remand back to the district court, a modified Order directed the Trump administration to take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible. In other words, the Court left it up to the Executive to ascertain the availability of certain steps. Yet, underlying the district court’s Order is a premise shared by the SCOTUS Order as well: the government must try in good faith to fix its mistake in the deportation of Abrego Garcia.
A Cackle at the Constitution
Trump and his enablers are not trying, in good faith or otherwise, to return Abrego Garcia to the US. The meeting was not for that purpose; Bukele told reporters he would not return Abrego Garcia to the United States. Lest we chalk up a foreign President’s defiance to Trump’s dismal negotiation skills, we are reminded that the meeting was an intentional, in-your-face moment in which Bukele defied the Judiciary, but not the President. In fact, he made the President very proud. Trump took the face-to-face meeting with the El Salvador President to signal that he is on Team Cool Dictator, and against Team Democracy.
Next up for this President? “Home-growns”, or US citizens, who he asked Bukele to take in. “You gotta build about 5 more places. It’s not big enough.”
May the federal judges continue serving under Oath in the face of an Executive who betrays it.