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Trump administration formally invokes state secrets privilege in Abrego Garcia case

  • The Trump administration formally asserted the state secrets privilege through a sealed court filing in Maryland during the Kilmar Abrego Garcia deportation case.
  • The invocation followed a clerical error that led to the wrongful March 15, 2025 deportation of 29-year-old Maryland resident Abrego Garcia to El Salvador amid a DOJ migrant sweep.
  • US District Judge Paula Xinis ordered both sides to submit written briefs by Monday and scheduled a May 16 hearing on the privilege claim.
  • The administration claims the deportation documents are state secrets, marking their second use of this privilege in lawsuits challenging March deportations of alleged gang members.
  • This case highlights tensions between judicial orders, including a Supreme Court mandate to facilitate Abrego Garcia's return, and the administration's refusal to comply citing jurisdiction limits.
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scheerpost.com broke the news in on Wednesday, May 7, 2025.
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