Fired DOJ Lawyer Complained Judge Would Dislike Trump Admin Legal Strategy on Kilmar Abrego Garcia

Judge Paula Xinis

New communications revealed on Friday show that Erez Reuveni, the former attorney at the U.S. Department of Justice (DOJ) who was fired for failing to strongly represent the Department of Homeland Security (DHS) in the lawsuit over its decision to deport Kilmar Abrego Garcia, expressed concern about upsetting the judge overseeing the case when informed of the Trump administration’s legal strategy.

The New York Times reported on Friday that Reuveni privately disagreed with the DHS legal strategy in the Abrego Garcia case, as the DHS and Trump administration sought for the citizen of El Salvador to remain incarcerated in his homeland, where DHS deemed the man accused of being a gang member, domestic abuser, and human trafficker belonged.

“I do not think the court will receive the suggestion it’s fine to keep him there while we sort this out with any sympathy,” Reuveni told his counterpart at the DHS on March 28, according to the outlet, referring to U.S. District Court Judge Paula Xinis (pictured above).

Reuveni reportedly chided the DHS, “the longer he states there, the more difficult it becomes for us to hold the line on this is not our custody just paid through the El Salvadorans.”

According to the outlet, DHS officials suggested reversing the portion of the final deportation order issued for Abrego Garcia in 2019, which specifically prohibited his deportation to one of two nations, either El Salvador or Guatemala. Abrego Garcia has successfully argued his March deportation violated this order.

However, Reuveni disagreed, arguing that Abrego Garcia should be returned to the country.

“How do we reopen his removal proceedings with him abroad?” Reuveni questioned, according to The Times, noting that Abrego Garcia (pictured here) does not have “a valid executable order” following his deportation.

Garcia traffic stop

In an interaction just days before he was terminated, the lawyer reportedly called returning Abrego Garcia to the United States the “cleanest solution” for the federal government.

The attorney went on to argue that the government would be powerless to ignore a court order demanding Abrego Garcia be brought back to the country, saying that he could not ignore such an order.

Ultimately, the Trump administration did ignore such an order, successfully arguing before the U.S Supreme Court that Xinis’ ruling improperly compelled diplomacy with El Salvador to effectuate Abrego Garcia’s return.

On April 10, the Supreme Court upheld Xinis’ directive to “facilitate” Abrego Garcia’s return due to an “administrative error,” but questioned the term “effectuate,” noting it might infringe on the Executive Branch’s foreign policy powers, directing Xinis to clarify the order, while noting the Trump administration’s obligation to take steps to ensure Abrego Garcia’s case is handled as if he had not been deported.

It was Reuveni who ultimately claimed the decision to deport Abrego Garcia was an “administrative error,” and The Times noted that he made similar concessions before Xinis in court.

“We concede the facts,” Reuveni told Xinis just one day before he was suspended. “This person should — the plaintiff, Abrego Garcia — should not have been removed. That is not in dispute.”

He later told the judge that he shared her frustration with the Trump administration over its decision not to answer her questions about Abrego Garcia.

Reuveni was ultimately fired last month, but was first suspended just one day later, on April 5, when Attorney General Pam Bondi confirmed, “At my direction, every Department of Justice attorney is required to zealously advocate on behalf of the United States,” and “Any attorney who fails to abide by this direction will face consequences.”

Following the announcement by Bondi, Reuveni’s direct supervisor, August Flentje, was also also placed on an administrative leave by the DOJ, due to his alleged failure to supervise Reuveni.

After the firing, The Tennessee Star was first to report that Abrego Garcia was stopped by Tennessee Highway Patrol (THP) in 2022, when the DHS confirmed troopers suspected him of human trafficking.

Though Abrego Garcia was transporting nine passengers from Texas to Maryland with a conspicuous stop in Missouri, did not have a valid license, and was observed failing to maintain his lane of traffic and speeding, THP told The Star that the “Biden-era FBI” instructed troopers to release him.

It has since been revealed that Abrego Garcia was driving a vehicle driven by a Jose Ramon Hernandez Reyes, a convicted human smuggler and illegal immigrant, during the stop.

Earlier this month, it was reported that Hernandez Reyes was offered “limited immunity” by the DOJ to provide information about Abrego Garcia, and that Hernandez Reyes confirmed paying Abrego Garcia to transport passengers across the country on multiple occasions.

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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Image “Judge Paula Xinis, 2015” by Senate Judiciary Committee.

 

 

 

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2 Thoughts to “Fired DOJ Lawyer Complained Judge Would Dislike Trump Admin Legal Strategy on Kilmar Abrego Garcia”

  1. Payne Gordon

    Why don’t they pass a law that all crimes committed have to report who is charged an illegal or legal and nationality. If you ask Metropolitan Nashville Police they tell you that that’s not important and will not give you any information about it.

  2. Joe Blow

    Time to hire someone who agrees with their boss – President Trump.

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