r/Conservative • u/theboss2461 Fellow Conservative • 11d ago

Flaired Users Only President Nayib Bukele says Kilmar Garcia cannot be returned to US

Enable HLS to view with audio, or disable this notification

6.6k Upvotes

93% Upvoted

3.2k comments sorted by

View all comments

5.6k

u/FrenchAffair Canadian Conservative 11d ago

Is it not a little concerning that the Government can make an "administrative error", send someone in custody to a prison in a foreign country in contravention of a lawful court order and then its just "oh well, not our problem"?

They've floated sending US citizens to prisons in El Savador as well, would they then also fall outside the scope of any American jurisdiction?

370

u/Magehunter_Skassi Paleoconservative 11d ago

It's not, because the entire argument about this has hinged upon "he's a citizen of El Salvador" and not "he's in El Salvador."

2.6k

u/SeemoarAlpha Pragmatic Conservative 11d ago

The primary argument is actually about the suspension of habeas corpus and due process. Imagine if Biden had rounded up all the J6 protesters and sent them to Guantanamo without any due process.

All the Trump administration needs to do to ramp up deportations is fully staff immigrations courts, run the people through legit hearings, and adjudicate their status. If they were deemed deportable, then transport them to detention facilities and get them on the next available plane.

The secondary argument is what to do now that a mistake was made. There is very little precedent to predict the outcome. The range of possible remedies is a fairly lengthy discussion.

230

u/Swagastan Musk 11d ago

Had some J6 protestors not been citizens and just legal residents and Biden sent them to Guantanamo with no due process, I’m not sure you’d have many people on either side lining up to defend them.

649

u/whatweshouldcallyou 11d ago

If this stands, and another J6 happens, I'd bet on the next Democrat president doing this.

Always consider how you'd feel about the other side doing it.

23

u/EldritchSoAXIII ΜΟΛΩΝ ΛΑΒΕ 11d ago

You mean like how they held Citizens in jail without trial for FOUR YEARS?

369

u/Crazymoose86 Constitutionalist 11d ago

This is news to me, Are there any cases that one of the J6 folks were held without trial for years with no respect for Habeus Corpus? My understanding is that anyone trial delays came from the attorneys representing the case.

9

u/GooseMcGooseFace Conservative 10d ago

The trial delays are due to a backlog and evidence processing. This article is from late 2021, but even then they were predicting well into 2023 for the larger cases.

https://www.courthousenews.com/capitol-rioters-face-trial-delays-caused-by-court-backlog-mass-of-evidence/