Elie Honig

You're listening to Today Explained. My name is Eli Honig. I'm a former federal and state prosecutor. I'm CNN's senior legal analyst, and I write for Cafe, New York Media, and other voxy outlets.

You're listening to Today Explained. My name is Eli Honig. I'm a former federal and state prosecutor. I'm CNN's senior legal analyst, and I write for Cafe, New York Media, and other voxy outlets.

You're listening to Today Explained. My name is Eli Honig. I'm a former federal and state prosecutor. I'm CNN's senior legal analyst, and I write for Cafe, New York Media, and other voxy outlets.

Well, still in limbo. So this case has already made its way up and down the chain of the courts. It's gone from the district court all the way up to the Supreme Court. And now it's back down in the federal district court, which is what we call the trial courts. So the key word here, the key point of dispute is the F word, facilitation. Mm-hmm.

Well, still in limbo. So this case has already made its way up and down the chain of the courts. It's gone from the district court all the way up to the Supreme Court. And now it's back down in the federal district court, which is what we call the trial courts. So the key word here, the key point of dispute is the F word, facilitation. Mm-hmm.

Well, still in limbo. So this case has already made its way up and down the chain of the courts. It's gone from the district court all the way up to the Supreme Court. And now it's back down in the federal district court, which is what we call the trial courts. So the key word here, the key point of dispute is the F word, facilitation. Mm-hmm.

Now, what happened was the district court judge originally said to the US government, look, it's acknowledged by the administration that Abrego Garcia was sent to El Salvador in error. The Trump administration acknowledged that was a clerical error. He had an order in place that said he cannot be deported to El Salvador. Where do they deport him? The one place he can't be deported, El Salvador.

Now, what happened was the district court judge originally said to the US government, look, it's acknowledged by the administration that Abrego Garcia was sent to El Salvador in error. The Trump administration acknowledged that was a clerical error. He had an order in place that said he cannot be deported to El Salvador. Where do they deport him? The one place he can't be deported, El Salvador.

Now, what happened was the district court judge originally said to the US government, look, it's acknowledged by the administration that Abrego Garcia was sent to El Salvador in error. The Trump administration acknowledged that was a clerical error. He had an order in place that said he cannot be deported to El Salvador. Where do they deport him? The one place he can't be deported, El Salvador.

Now, the district court judge said to the executive branch, you have to facilitate and effectuate his return. Yeah. That goes up to the Supreme Court, and the Supreme Court says, yes, unfacilitate, no, unaffectuate. Now, you're probably wondering, why are they drawing these lines? What do these words mean? Yeah.

Now, the district court judge said to the executive branch, you have to facilitate and effectuate his return. Yeah. That goes up to the Supreme Court, and the Supreme Court says, yes, unfacilitate, no, unaffectuate. Now, you're probably wondering, why are they drawing these lines? What do these words mean? Yeah.

Now, the district court judge said to the executive branch, you have to facilitate and effectuate his return. Yeah. That goes up to the Supreme Court, and the Supreme Court says, yes, unfacilitate, no, unaffectuate. Now, you're probably wondering, why are they drawing these lines? What do these words mean? Yeah.

The reason is the Supreme Court has drawn a line where they've said, it's not our role as the judiciary – to order the executive branch what to do when it comes to foreign affairs and foreign policy. Therefore, we're going to beseech you to facilitate, meaning help out, but we're not going to quite order you to effectuate, meaning make it happen, get him back here.

The reason is the Supreme Court has drawn a line where they've said, it's not our role as the judiciary – to order the executive branch what to do when it comes to foreign affairs and foreign policy. Therefore, we're going to beseech you to facilitate, meaning help out, but we're not going to quite order you to effectuate, meaning make it happen, get him back here.

The reason is the Supreme Court has drawn a line where they've said, it's not our role as the judiciary – to order the executive branch what to do when it comes to foreign affairs and foreign policy. Therefore, we're going to beseech you to facilitate, meaning help out, but we're not going to quite order you to effectuate, meaning make it happen, get him back here.

And now we're back down in the district court where there's just this never-ending fight about what does facilitate mean. The courts have made very clear They mean help out in a meaningful way. You have to take some affirmative act. But the administration is interpreting that term facilitate to mean just like don't get in the way. Make sure there's no obstacle.

And now we're back down in the district court where there's just this never-ending fight about what does facilitate mean. The courts have made very clear They mean help out in a meaningful way. You have to take some affirmative act. But the administration is interpreting that term facilitate to mean just like don't get in the way. Make sure there's no obstacle.

And now we're back down in the district court where there's just this never-ending fight about what does facilitate mean. The courts have made very clear They mean help out in a meaningful way. You have to take some affirmative act. But the administration is interpreting that term facilitate to mean just like don't get in the way. Make sure there's no obstacle.

So, you know, Sean, facilitation, I guess, is in the eye of the beholder.

So, you know, Sean, facilitation, I guess, is in the eye of the beholder.