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Rachel Abrams

๐Ÿ‘ค Speaker
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2519 total appearances
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Podcast Appearances

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

Today, my colleague Adam Liptak on the Maryland man who was mistakenly sent to a notoriously brutal prison in El Salvador and what his case, which tests the limit of presidential power, means for the rule of law. It's Tuesday, April 15th. So, Adam, we have talked a lot on this show about the Trump administration's efforts to crack down on immigration and deport people really quickly.

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

We've talked about the Venezuelan migrants, students at Columbia and other schools. But today we want to zero in on one case in particular, this man from Maryland. Can you start by telling us who is he and how did he end up where he is?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

We've talked about the Venezuelan migrants, students at Columbia and other schools. But today we want to zero in on one case in particular, this man from Maryland. Can you start by telling us who is he and how did he end up where he is?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

At the government.

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

At the government.

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

Just because they admitted a mistake?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

Just because they admitted a mistake?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So what does the Maryland judge say about all of this?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So what does the Maryland judge say about all of this?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And can we just pause here for a second before we get to the facilitate and effectuate language? Why does the judge say that this shocks the conscience? Like, what exactly is she finding so egregious about all of this?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And can we just pause here for a second before we get to the facilitate and effectuate language? Why does the judge say that this shocks the conscience? Like, what exactly is she finding so egregious about all of this?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And so how does the government respond to all of this? What is the case that they're making exactly about why they deported this man?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And so how does the government respond to all of this? What is the case that they're making exactly about why they deported this man?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So then what happens next?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So then what happens next?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And in practical terms, what does this mean for the government's obligation, this distinction between effectuate and facilitate?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

And in practical terms, what does this mean for the government's obligation, this distinction between effectuate and facilitate?

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So basically, it's the difference between a should and a must. The court is basically saying, do everything you can, but if you ultimately can't bring him back, then you've fulfilled your obligation.

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

So basically, it's the difference between a should and a must. The court is basically saying, do everything you can, but if you ultimately can't bring him back, then you've fulfilled your obligation.

The Daily
Trapped Abroad: The Man at the Center of a Constitutional Standoff

It also feels like the ruling gives the administration some leeway, right? Because the ruling is basically telling the government, please try. So if the government, for example, you know, says, well, look, we called up the president of El Salvador and we asked him nicely and he said no, we did our job. That's the end of it, right? Yeah.