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Tuesday, April 29, 2025

Kilmar Armando Abrego Garcia, Part 1

On July 1, 2024, the Supreme Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts.

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Less than a year ago, The United States Supreme Court in a 6 to 3 ruling determined the above statement.

They did not, however, rule or decide what constitutes an “official act.”  Now, in May 2025, Trump faces a multitude of legal challenges in court, some of which fall under “official acts”, specifically the wrongful detainment and subsequent deportation of not only suspected El Salvadoran gang members, but also one particular immigrant, Kilmar Abrego Garcia.

The biggest mistake Donny made was telling his D.O.J. to remove “illegal aliens”, by proclamation of the “Alien Enemies Act” of 1798.  That particular “act” is specifically written and designed to be implemented only in time of war with a specific nation(s).

None of that has happened, although SCOTUS, has allowed it to be used sparingly for the time being. 

On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Gov­ernment to “facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.”  

To be clear, NO, Donny was not on pins and needles or even the least bit worried about this since, hey it was the DOJ who did that, and well, he simply doesn’t care because in his pea-brain, Garcia was a gang member… with no evidence.

Given all of that, now SCOTUS is going to have to back-track and start defining “official acts” because removing ANYONE/ANYBODY without due process is illegal.  Again, Donny don’t care.  He’d better hope that Mr. Garcia 1) is NOT harmed in that El Salvador prison and 2) doesn’t get returned in a pine box.

Although Trump cannot be prosecuted while in office, he absolutely can in 2028 after his second and final term has run its course.  My guess would be a civil trial, but not necessarily.

This is a PDF of the Supreme Court ruling against the Trump Administration for wrongful deportation of an El Salvadoran immigrant, Kilmar Abrego Garcia, who the administration acknowledges was wrongfully deported as the result of an "administrative error."

https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf

(Click top link on new page to download PDF ruling)

Bullshit.  Nothing "wrongful" going on here. It was willful, it was impulsive and Trump just wanted him out because he a filthy, disgusting racist who hate ANY and ALL brown and Black people.

Jennifer Vasquez Sura, the wife of Mr Abrego Garcia, Kilmar and their infant child.
 
Jennifer Vasquez Sura, the wife of Mr Abrego Garcia speaking to the crowd about Mr. Garcia unlawful, illegal removal from the United States for "alleged gang activity."

El Savadoran prison where alleged M-13 gang members are currently held as well as Mr. Garcia

The case of Kilmar Abrego Garcia - a 29-year-old from El Salvador who was deported from the US in March - has prompted a legal showdown over the administration's immigration policy.

Judges all the way up to the US Supreme Court have ruled that Mr Abrego Garcia was deported in error and that the US government should help "facilitate" his return to his home in Maryland.

But the White House has accused Mr Abrego Garcia of being a member of the transnational Salvadorian gang MS-13, a designated foreign terrorist organisation, saying that he "will never live" in the US again.

Mr Abrego Garcia denies he is a member of the gang and he has not been convicted of any crime.

BBC Verify has examined court documents and public records to determine what's known – and what is still unknown – about Mr Abrego Garcia and his alleged ties to MS-13.

What is the evidence for alleged MS-13 links?

Mr Abrego Garcia has acknowledged entering the US illegally in 2012, according to court documents.

In March 2019 he was detained along with three other people in Hyattsville, Maryland, in the parking lot of a Home Depot.

Officers at the Prince George's County Police Department said the men were "loitering" and subsequently identified Mr Abrego Garcia and two of the others as members of MS-13.

In a document titled the "Gang Field Interview Sheet", the local police detailed their observations.

They said Mr Abrego Garcia was wearing a "Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations".

Officers claimed the clothing was "indicative of the Hispanic gang culture" and that "wearing the Chicago Bulls hat represents they are a member in good standing with the MS-13".

Steven Dudley, a journalist and author who has spent years studying the MS-13 gang, said that it is true that "at some point, the Chicago Bulls logo with the horns became a stand-in of sorts for the MS-13's devil horns symbol".

But wearing the logo of the hugely popular basketball team, he added, is of course not exclusive to the gang.

"Any assertions about gang affiliation would need to be corroborated with testimony, criminal history, and other corroborating evidence," Mr Dudley said.

According to the field interview sheet and other court documents, officers said they were also advised by a "proven and reliable source" that Mr Abrego Garcia was an active member of MS-13's "westerns clique", with the rank of "chequeo".

However, Mr Dudley says that a "chequeo" is not a rank but is instead used to refer to recruits who are yet to be initiated.

Lawyers for Mr Abrego Garcia's argued in court filings that the "westerns clique" is based in New York, where they say their client has never lived. And according to government documents, he has dismissed the information given to police against him as "hearsay".

According to his lawyers, Mr Abrego Garcia has never been convicted of any criminal offence, including gang membership, in the US or in El Salvador. He lived in the US for 14 years, had three children and worked in construction, according to court records.

But the judge who presided over his 2019 case said that based on the confidential information, there was sufficient evidence to support Mr Abrego Garcia's gang membership. That finding was later upheld by another judge.

As a result Mr Abrego Garcia was refused bail and remained in custody. During this time he applied for asylum to prevent his deportation to El Salvador.

In October 2019 he was granted a "withholding of removal" order, court documents show - a status different from asylum, but one which prevented the US government from sending him back to El Salvador because he could face harm.

Mr Abrego Garcia's lawyers say that he was granted the status based on his "well-founded" fear of persecution by Barrio-18, the main rival gang of MS-13.

He said that prior to him entering the US, his family and their business had been threatened and extorted by Barrio-18.

Since 2019, when he was released with the protective order, Mr Abrego Garcia's lawyers say he has had yearly check-ins with immigration officials, which he has attended "without fail and without incident".

These are the "hand tattoos" on which Trump and his "justice" department based their decision to snatch & grab Mr. Garcia and send him on his way to that El Salvador prison:

It's CLEARLY a Photoshopped image with the letters "M" "S" "1" "3" added. No question about that. But, being the simpleton he is, Trump accepted it as "proof " that Garcia MUST BE an MS-13 Gang member.

This is a much better, more complete picture of Mr. Garcia's left hand showing NO "gang affiliation" tattoos.

According to various tattoo artists, these are the actual meanings of those 4 symbols on Mr. Garcia's left hand:

Marijuana leaf = Smoke pot

Smily face = Get high

Cross =  Love God

Skull = Until I die

Doesn't exactly sound like a gang affiliation as much as a spiritual young man just trying to live his life in peace with his family.  

Go figure. 

Wednesday, April 23, 2025

Hippo Easter

 Kinda scary, now that I actually look at it. Yet somehow, it just seems so right.


And that was the "message", more of a mess, really,  that the orange hippo posted on Easter Sunday.

Just you know, because. 

For me, the part(s) I don't understand is why do Democrats always have to be referred to as "Radical Left Lunatics"?   I'm missing something.  

Why can't they simply be referred to or called, "Democrats"?

And attacking judges that he appointed to the bench, again, just because.  On some level he has to know that's NOT going to help him in court.

Oh, and the hippo learned a new term a few weeks ago:  Auto-Pen. Wow.

So, old, sagging, orange hippos CAN BE TAUGHT. 

Yeah.  

 

Hippo Belated Easter.

Monday, April 14, 2025

Luigi Mangione - Hot. Young. Murderer.

Luigi Mangione is accused of fatally shooting UnitedHealthCare CEO Brian Thompson. The shooting occurred outside a Manhattan hotel where Thompson was scheduled to speak at a conference. Mangione was arrested in Pennsylvania five days after the shooting.

Luigi Mangione


 













United Health Care CEO Brian Thompson


 

 

 

 

 

 


 

 

 

 

 

 

 

Lawyers for Luigi Mangione, the man accused of killing United Healthcare’s chief executive officer, are asking a federal judge to block the Justice Department from seeking the death penalty, calling the decision a “political stunt.”

Earlier this month Attorney General Pam Bondi announced the Justice Department would pursue the death penalty in Mangione’s case, fulfilling President Donald Trump’s campaign promise to resume federal executions.

Mangione’s attorneys are seeking court intervention, arguing that the Justice Department should be prevented from seeking the death penalty because it didn’t follow certain protocols and violated Mangione’s due process.

Bondi’s public statements, they argue, also tainted the grand jury pool.

“The stakes could not be higher. The United States government intends to kill Mr. Mangione as a political stunt,” his lawyers wrote to the judge. “Mr. Mangione’s counsel asked for three months to prepare a fulsome mitigation submission to the Department of Justice’s Capital Committee and was ignored.”

Bondi has said she will direct the interim US attorney for the Southern District of New York, Matthew Podolsky, to seek the death penalty in the case if Mangione is convicted on capital murder charges. A spokesperson for the US attorney’s office in Manhattan declined to comment on the case on Friday.

Mangione, 26, is facing state and federal murder charges for allegedly gunning down United Healthcare CEO Brian Thompson outside of a hotel in midtown Manhattan last year.

Mangione has pleaded not guilty to the state charges. He was charged in a federal criminal complaint but has not yet been indicted on federal charges. One of the federal charges, murder through the use of a firearm, carries a maximum sentence of death, if convicted.

Since Bondi’s announcement, donations to Mangione’s legal defense fund have poured in. Supporters have contributed over $850,000 in total, with many recent donations citing the Justice Department’s decision to seek the death penalty.

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As far as Mr. Mangione’s sentence goes, he faces the possibility of the death penalty in federal court and a potential life sentence without parole in state court. The federal charges include using a firearm to commit murder and interstate stalking, both of which carry a potential death sentence. The state charges, brought by Manhattan District Attorney Alvin Bragg, include first-degree murder in furtherance of an act of terrorism. Mangione has pleaded not guilty to both state and federal charges. The Justice Department has decided to pursue the death penalty in the federal case, while the state case is expected to proceed separately. 

Luigi Mangione faces the possibility of the death penalty in his federal case, following U.S. Attorney General Pam Bondi's announcement on April 1, 2025. This is due to the charges of using a firearm to commit murder, interstate stalking, and using interstate facilities to stalk, all resulting in death, which carry a maximum potential sentence of death or life in prison. In contrast, the state charges, which he has also pleaded not guilty to, carry a maximum penalty of life imprisonment without the possibility of parole. 

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As attractive, as hot and as smart as he is, I’m pretty sure A.G. Pam Bondi will succeed in her pursuit of the death penalty for Mr. Mangione. I don’t believe, given her loyalty and fealty to Trump that she’d just let this go, as it’s a case out of New York City.

She wants and NEEDS to prove to Trump how “tough” she can be.

I agree with Mr. Mangione that healthcare costs are stupidly and unreasonably high and outrageous.  You don’t need to nickel and dime your patients to death, literally sometimes, in order to do your job well or fairly.  That said, however, there’s NO EXCUSE for Mr. Mangione’s behavior and murdering United Healthcare’s CEO, Brian Thompson for doing his job.

 

 

God save Luigi Mangione’s soul.

Monday, March 24, 2025

... just a reminder

Ah, remember this?  When an insurrection was just a "normal day with tourists" or a "day of love?"  

Yeah.  Not so much.


Or one of Donnie's many court appearance in New York City on fraud charges?

Trump 1.0


Trump 2.0
From the Colorado State House.  Donnie, apparently, really doesn't like this one:

For some reason, you know, because, he "tweeted/Truthed" the 1.0 and 2.0 pictures over the March 22 & 23, 2025 weekend.  I guess as a reminder to himself that, "he's YOUR favorite president."

 

Go figure.


And then just this morning, Tuesday, March 25, 2025, from CNN:

https://www.cnn.com/2025/03/24/style/colorado-capitol-trump-portrait-taken-down/index.html

Alien and Sedition Acts (1798)

 

This is the official document from 1798.

What is the Alien Enemies Act?

The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be — and has been — wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States. It is an overbroad authority that may violate constitutional rights in wartime and is subject to abuse in peacetime.

Has the Alien Enemies Act been used in the past?

The Alien Enemies Act has been invoked three times, each time during a major conflict: the War of 1812, World War I, and World War II. In World Wars I and II, the law was a key authority behind detentions, expulsions, and restrictions targeting German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry. The law is best known for its role in Japanese internment, a shameful part of U.S. history for which Congress, presidents, and the courts have apologized.

Under what conditions can the president invoke the Alien Enemies Act?

The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

The Bonehead-in-Cheese thought it would be a "good idea" to invoke this act in order to speed up his mass deportation of "illegal aliens". 

You remember.  "Bad hombres."

Thankfully the courts are stepping in and, for the time being, putting the breaks on his shenanigans.  AGAIN.

His biggest problem with invoking this war time act, aside from the narrow scope of it, in March 2025,  we're NOT at war with ANY country right now.  That's one of Congress' jobs, to invoke and call it a "war." 

Now, of course Trump has said, "We've been invaded by these thugs, criminals and gang members."  Makes him sound tough, which we know, he isn't. 

And then ICE isn't specifically targeting any "gang members", but people he and his admenstruation "perceive to be gang members."  Big difference.

US District Judge James Boasberg

Judge Boasberg has called out the Trump Admenstruation for its handling of undocumented immigrants and their swift, no-due-process expulsion from the U.S. For their part the administration has stumbled, hemmed and hahhed, grasping at straws to come up with a valid, real reason(s) for those deportations.  

*Crickets.*

Stay Tuned.