(WASHINGTON) -- Attorneys for wrongly deported Kilmar Abrego Garcia are requesting a conference Tuesday to address what they say is the Trump administration's "failure to comply" with a court order granting expedited discovery in the case.
U.S. District Judge Paula Xinis last week slammed Justice Department attorneys over their inaction over Abrego Garcia's wrongful detention and ordered government officials to testify under oath through expedited discovery.
In a letter to the judge Monday night from both the government and Abrego Garcia's attorneys, lawyers for Abrego Garcia said that the Trump administration has responded to their discovery requests by producing "nothing of substance" and providing interrogatory responses that are "non-responsive."
Abrego Garcia's attorneys said the administration has claimed state secrets privilege and governmental privilege "without any foundation for doing so."
The attorneys also said they invited government officials to meet and confer several times, but the officials declined to meet until Monday evening, "on the eve of depositions."
Department of Homeland Security Acting General Counsel Joseph Mazzara was scheduled to be deposed Tuesday morning, according to the letter.
The government, in the same letter, said they have "put forward a good-faith effort to provide appropriate responses to both Plaintiffs' Interrogatories and Request for Production."
Abrego Garcia, a Salvadoran native who has been living with his wife and children in Maryland, was deported in March to El Salvador's CECOT mega-prison -- despite a 2019 court order barring his deportation to that country due to fear of persecution -- after the Trump administration claimed he was a member of the criminal gang MS-13.
The Trump administration, while acknowledging that Abrego Garcia was deported to El Salvador in error, has said that his alleged MS-13 affiliation makes him ineligible to return to the United States. His wife and attorney have denied that he is an MS-13 member.
Judge Xinis early this month ruled that the Trump administration must "facilitate" Abrego Garcia's return, and the U.S. Supreme Court unanimously affirmed that ruling, "with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs."
The government, in Monday's letter to the judge, said that any requirement for a more detailed response on the legal basis for Abrego Garcia's confinement "would be wholly inappropriate and an invasion of diplomatic discussions."
"Upon Abrego's repatriation to El Salvador, his detention was no longer a matter of the United States' confinement, but a matter belonging to the government of El Salvador -- which has been explained to the Plaintiffs repeatedly," the government said. "Their insistence on obtaining any information on 'diplomatic discussions' is a facially unwarranted and inappropriate intrusion into the diplomatic process -- a matter which the Supreme Court specifically reserved to the Government's province."
In a separate filing, attorneys for Abrego Garcia included as an exhibit the government's objections to the plaintiff's first set of expedited interrogatories, in which the government says that "disclosing the details of any diplomatic discussions regarding Mr. Abrego Garcia at this time could negatively impact any outcome."
In the exhibit, the government acknowledges the $6 million that has been made available to the government of El Salvador to be used for its "law enforcement needs," including for the detention of the Venezuelan migrants that were sent to El Salvador's CECOT mega-prison.
"The United States has not provided any specific assistance with respect to the detention of Abrego Garcia or any other Salvadoran national," the government said.
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