Return of Abrego Garcia a Major Blow to Trump

In a surprise development, Kilmar Armando Abrego Garcia, the man living in Maryland illegally deported to El Salvador was returned to the United States to face charges of transporting undocumented migrants. For months, the Trump Administration and the judicial system had been odds over returning Garcia to the United States. The Supreme Court had ruled that the Trump Administration had to “facilitate” Garcia’s return but not “effectuate” it.

It is essential to note that the Trump Administration admitted in court documents that they had inappropriately deported Garcia to El Salvador where he was imprisoned in a notorious maximum security prison. In an oval office meeting in April with Salvadoran President Bukele, Trump made it clear that Garcia would not ever be returning to the United States. Attorney General Pam Bondi said Garcia “is never coming back to our country.”

The standoff between the Trump Administration and the courts led to talks of a constitutional crisis. Indeed, it was hard to see how the impasse would be resolved. Then, without any warning, Garcia was moved from El Salvador to face charges in Tennessee of smuggling undocumented immigrants. Instead of her blanket statement that Garcia would never return to American soil, Bondi now said that “Abrego Garcia has landed in the United States to face justice. He was a smuggler of humans and children and women. This is what American justice looks like.”

The charges against Garcia are hotly disputed by his attorneys. Democrats on Capitol Hill are also challenging the evidence against Garcia. On CNN, Connecticut Senator Richard Blumenthal commented: “And I’ve heard again and again and again, as a prosecutor, as a United States attorney, federal prosecutor, as well as state attorney general, charges are not evidence. And so far, we’ve seen no evidence.”

Garcia’s return to the United States, even though he faces serious charges, is a real victory for the rule of law. As Maryland Senator Chris Van Hollen put it in a statement: “As I have repeatedly said, this is not about the man, it’s about his constitutional rights—and the rights of all. The Administration will now have to make its case in the court of law, as it should have all along.”

For reasons that escape me, the mainstream media has not pointed out that Garcia’s return to the United States is a huge victory for the rule of law and a defeat for President Trump. Garcia is now in a judicial system facing charges, which will be tested in a court of law. His case will not be adjudicated by the whims of the Trump administration.

Recent events suggest that the Trump team realizes the importance of Garcia’s return to America. Trump is a master of the political counterpunch which distracts the media and public’s attention from the matter at hand. I strongly doubt that Trump would have deployed National Guard troops to Los Angeles to quell protests had he not suffered a defeat in the Garcia case. It is, as the New York Times put it, the political fight that President Trump is looking for.

The hard task for Democrats is to respond to Trump’s provocations while keeping the focus on the rights to a fair trial, due process and peaceful protest. It would be very helpful to American democracy if the media would do its job and focus on the fact that the Garcia case represents a major defeat for Trump and a victory for the rule of law.