#xinis — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #xinis, aggregated by home.social.
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#KilmarAbregoGarcia has sued, claiming the #Trump admin is illegally using the removal process to punish him for the public embarrassment caused by his #deportation.
In her order releasing Garcia, #Xinis wrote that federal authorities “did not just stonewall” the court, “They affirmatively misled the tribunal.” Xinis also rejected the government’s argument that she lacked jurisdiction to intervene on a final removal order for Abrego Garcia, because she found no such order was ever filed.
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#ICE freed #KilmarAbregoGarcia just before 5PM Thursday in response to a ruling from #Xinis, who wrote federal authorities detained him after his return to the #US without any legal basis.
…The 2019 settlement found he had a “well founded fear” of danger in #ElSalvador…. [But the #Trump admin deported him there anyway. To #CECOT, a prison for terrorists notorious for its #HumanRights abuses.] So instead ICE has been seeking to deport him to a series of African countries.
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When Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, announced to the crowd assembled outside that his client would walk back out the field office’s doors again, he stressed that the legal fight was not over.
“Yesterday’s order from Judge #Xinis & now the temporary restraining order this morning represent a victory of #law over #power,” Sandoval-Moshenberg said.
#Trump #law #Constitution #immigration #Judiciary #SeparationOfPowers #AbuseOfPower #Authoritarianism #StateSponsoredAbduction
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Ofcls cannot re-detain him until the court conducts a hearing on the motion for the temporary restraining order, #US District Judge Paula #Xinis in Maryland said. She wrote that #KilmarAbregoGarcia is likely to succeed on the merits of any further request for relief from #ICE #detention.
“For the public to have any faith in the orderly administration of justice, the Court’s narrowly crafted remedy cannot be so quickly & easily upended without further briefing & consideration,” she wrote.
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Nice! Federal Judge #Xinis issues order to prohibit immigration officials from rearresting & detaining #KilmarAbregoGarcia
Kilmar Abrego Garcia walked away after a scheduled appointment at an #ICE field office on Friday to the cheers of a crowd assembled outside. A federal judge issued a temporary restraining order blocking #immigration officials from detaining him.
#Trump #law #rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #CivilRights #fascism
https://apnews.com/article/abrego-garcia-el-salvador-deportation-f6d3df5d2315375dea83492858dc91f5?utm_source=onesignal&utm_medium=push&utm_campaign=2025-12-12-Breaking+News -
Judge #Xinis also alternatively finds that the govt is not detaining him to execute a removal order — because if they did want to deport him they could have sent him to Costa Rica any time since August but have refused to do so (& lied about why) because the admin wants to send him to #Africa [where it is very likely he would be killed].
#FactCheck #TrumpLies #law #KilmarAbregoGarcia #immigration #Rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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Here is the full text what the immigration judge ordered in 2019. As Judge #Xinis notes, NONE of these three things include an order of removal.
The government tried to argue that the withholding grant was "implicitly" a removal order, but the #law requires an explicit one.
#FactCheck #TrumpLies #KilmarAbregoGarcia #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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Judge #Xinis finds that #KilmarAbregoGarcia was NEVER ordered deported in 2019. She notes that ever since this began in March 2025, the government has NEVER been able to produce ANY evidence that the immigration judge actually issued a removal order.
#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #DueProcess #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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Judge #Xinis calls out the govt for misrepresenting Costa Rica’s position on taking #KilmarAbregoGarcia.
“Ultimately, Respondents' calculated effort to take Costa Rica ‘off the table’ backfired. Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Garcia residence & refugee status is, & always has been, firm, unwavering, & unconditional.
“Respondents have sat mum since.”
https://storage.courtlistener.com/recap/gov.uscourts.mdd.589189/gov.uscourts.mdd.589189.110.0_2.pdf
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US District Judge Paula #Xinis ruled that #ICE must release #KilmarAbregoGarcia from custody immediately.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Judiciary #SeparationOfPowers #Trump
https://apnews.com/article/abrego-garcia-el-salvador-deportation-31160936c51932f74b717eb1143edd55?utm_source=onesignal&utm_medium=push&utm_campaign=2025-12-11-Breaking+News -
Overnight #KilmarAbregoGarcia’s attorneys asked Judge #Xinis for severe sanctions against the #Trump admin for violating court orders, saying officials stonewalled them for months, & outright lied.
They want fines & an investigation.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.195.0.pdf
#FactCheck #TrumpLies #law #immigration #rendition #DueProcess #CivilRights #Constitution
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Judge #Xinis GRANTS a motion by #news organizations to unseal certain records in the #KilmarAbregoGarcia case. Some remain under seal. Some will be unsealed with redactions. Some will be unsealed without redactions.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.180.0.pdf
#law #immigration #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #transparency #FreePress #AbuseOfPower #Trump
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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 🧵
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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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.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#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
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#Xinis interjects: No, no, no. During that first hearing the government admitted that Mr. Abrego Garcia was unlawfully detained.
There was an unlawful detention, she says.
There's a looooooooong, awkward pause.
Guynn says he can't speak to what happened at that hearing in which the govt admitted that #KilmarAbregoGarcia was wrongfully removed, which led to the admin firing #DOJ atty Erez Reuveni.
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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.
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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.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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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
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#Xinis: Intent to facilitate, intent to comply w/my order.
Guynn: When you refer to #intent, what are you referring to?
Xinis: Can give you cases I've been thinking about. There's a proposition that #DeliberativeProcess #privilege doesn't really apply when intent is at issue
Gives hypo: re discrimination claim by fired employee. if decision making is privileged, can never get to the issue of wrongful termination.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Guynn: That's why there are so many privileged documents here that's why hard to ID document custodians, etc.
#Xinis: Almost impossible to determine from the log on what basis you're claiming attorney client privilege. Eg, if you have 18 people CC'ed on an email. without more info, I can't assess.
I don't believe the #DeliberativeProcess #privilege is as broad in this case because the govt's intent is at issue.#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Guynn: The govt obviously had a dispute over what facilitate means
#Xinis: What's interesting about that is that you had to have the Fourth Circuit tell you that. "My decision wasn't good enough."
Guynn says there's more context to set the stage but he thinks that would need a sidebar.
There was question about what defendants had to do, should do, in response to court's order in this case. So lots of attorneys were involved.#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Guynn says context is important. Expedited discovery was ordered, & collecting docs or preparing declarations from witnesses is a task that takes months, not days or weeks
#Xinis interjects: Not in this court. If I order it, you do it. This is my court.
That said, I understand this is an ongoing discussion w/the plaintiffs & I do see evidence that you're working to identify custodians. But you've asserted this privilege broadly. It's in, like, everything.
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Rossman: If I gave your honor what I have of meaningful #discovery, it'd be nothing
#Xinis announces that she wants to move on to discussion of the #DeliberativeProcess #privilege. Wants to talk about the #law on that, then move the hearing under seal to discuss further.
Guynn is up first to discuss.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Rossman: Last thing I would mention is about the prospect of in camera review.
I am not at all suggesting the entirety of the privilege log should be made availble to the court. But we do think that your honor should look at some of these documents…#Xinis: the problem I'm having—not to beat a dead horse—is that I can't assess this based on the affidavit provided. Maybe at some point that will make its way to me, but that's where we are.
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Rossman: points to cases in which there are both public & classified declarations submitted by the #ExecutiveBranch head. Time after time, those affidavits are extremely detailed.
#Xinis: But in some of the cases it's more of a mixed bag. That's why I'm asking for more information so I can assess
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Rossman: The govt is delaying for delay sake at the expense of a person wrongfully removed who sits rotting in a foreign prison.
I respect court's decision on this but the government getting more bites at the apple just allows them to keep doing this...
#Xinis: I can give them short period to cure error & everyone will be on notice that I don't think what I've been given is sufficient.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
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Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
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Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
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Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
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Guynn: It's coming clear to me now that this isn't productive without reference to discovery under seal
#Xinis: Ok, we'll save it.
Anything else before a go back to Rossman?Guynn: Nothing further on #StateSecrets.
Rossman at the lectern now for #KilmarAbregoGarcia.
"My head is spinning" based on what I've heard from the government. They've told us nothing. Zero. Nothing.
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Guynn cites the Reynolds case. Gets into a back & forth w/ Xinis about how that case is different from the facts presented here.
Guynn reiterates claim that government has given sufficient info...
#Xinis: No other source like there was in Reynolds. It's you, your clients.
Xinis: Where do they get this info if not from the #state dept?
Guynn: They HAVE this information.
Xinis: Well maybe we need to get in the weeds on that
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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Guynn: Aspects of those inquiries...
#Xinis: You haven't even told me what aspects!
Guynn: I don't agree w/court's characterization that we have these 3 areas of inquiry & we're invoking categorical privilege. We've provided SIGNIFICANT information...
Xinis says she wants to discuss that more during sealed session bc he's referring to some of the sealed filings
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
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#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
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#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
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#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
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#Xinis: If the need is great & the showing is weak, the case #law suggests that I then have to go into an in camera inspection. I know that's not the ordinary course in #StateSecrets...
Guynn: Need is not a factor in the analysis.
Xinis: Let me direct you to Sterling [case law]. This is Judge Wilkinson. [Quotes Wilkinson saying that in some cases the need may be great & showing weak such that in camera review may be required...]
#KilmarAbregoGarcia #immigration #judiciary #Trump #rendition
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#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#DOJ / Guynn continues: Not sure where we left off...I think one of the #StateSecrets factors.
Guynn: There are ZERO documents withheld based ONLY on state secrets #privilege. There are 43 based on deliberative process...
#Xinis: What am I looking at then? I see one of those privileges invoked 1400 times...
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
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#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
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#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
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#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
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#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
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#Xinis: Is it worthwhile discussing the other prongs re #StateSecrets?
Guynn: Yes, bc prong 3 asks what do we do if there are state secrets...& often, what happens is the case is dismissed.
Xinis: That's not this case...it's not about liability
Now Xinis is in a back & forth w/Guynn about statements by #DHS head #KristiNoem saying that #KilmarAbregoGarcia would not return to the #US during the #Trump admin.
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#Xinis cites other #StateSecrets affidavits that specifically say things like it would reveal identities of #CIA officers....Here, all I have is "not affects national security."
Guynn: Respectfully, YH, there's more here than you give credit
Xinis: Again, I just don't think this affidavit cuts it & I imagine if I'm telling you that now then you'd elect to supplement...
Guynn: If court found it deficient we would take under advisement & likely choose to supplement...