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Roger Parloff

@rparloff.bsky.social

42K followers 640 following 18K posts

Senior Editor, Lawfare. Ex-Fortune staff. Published in ProPublica, NYT, New York, New Yorker, Yahoo Finance, Air Mail, etc. Practiced law a long time ago.

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Roger Parloff @rparloff.bsky.social · 20h

may *well order*

Roger Parloff @rparloff.bsky.social · 20h

In the week ahead Judge Xinis may order well Abrego Garcia's release (triggering immediate emergency appeals). To see why, here's my live account for @lawfaremedia.org of Friday's remarkable evidentiary hearing—in either text form or original bsky thread. www.lawfaremedia.org/article/abre...

Reposted by Roger Parloff

Michael Feinberg @michael-feinberg.bsky.social · 1d

A conversation about the politicization of law enforcement and intelligence is not a cheery topic, but it’s an important one for the public to hear. I hope that the audience now realizes how dangerous this trend can be not only for our liberties, but also our security.

At Issue: The Politicization of the F.B.I.

YouTube video by HillCenterDC

Roger Parloff @rparloff.bsky.social · 1d

Though she doesn't generally do social media, Emily asked me to post this.
bsky.app/profile/anna...

Roger Parloff @rparloff.bsky.social · 1d

we learned today ... request to eswatini was made wednesday evening for the first time! ...
[i'm afraid i've got to cut out! so sorry] If you've appreciated this, please consider a donation to our team:
givebutter.com/journalism
/192-end for me

Roger Parloff @rparloff.bsky.social · 1d

R: no effort and no plan. except continued game of whackamole. except to keep him in incarceration. for all those reasons ... even if you take govt's view that we're within 6 mos time frame we've rebutted presumption of detention being used for only appropriate purpose

/191

Roger Parloff @rparloff.bsky.social · 1d

R: even if we don't have 6 mos in 2019. we have 6 mos in 2025. from march 12 to aug 21 no efforts at all taken for 3d country removal. in 6 weeks since then, there were no lawful reasonably likely to be effective efforst to be taken. we have today's testimony ...

/190

Roger Parloff @rparloff.bsky.social · 1d

J: i'm not sure you can have a withholding of removal if you don't have a final order
R: Govt paroled abrego back into the country in june when it brought him back into the country to charge him. he is authorized to be in this country by DHS.

/189

Roger Parloff @rparloff.bsky.social · 1d

[Molina case, another recent DMd case is here]
www2.mdd.uscourts.gov/Opinions/Opi...
/188

www2.mdd.uscourts.gov

Roger Parloff @rparloff.bsky.social · 1d

J: assuming i find there's great concern about way this has gone, i can make a finding that govt's efforts, genuine or not, show this is not happening. for whatever reason govt is choosing not to send him to costa rica.
R: exactly. and Zavvar case and Molina case are directly on point

/187

Roger Parloff @rparloff.bsky.social · 1d

J: has anyone told you why?
R: [no]. we'd love to know. appropriate for court to draw inference ... using detention as means of punishment. couple scotus rulings including zadvydas have said thats not appropriate.
J: they've asked 3 countries. all said no. didn't ask till wed.

/186

Roger Parloff @rparloff.bsky.social · 1d

or even knowing that if one does say yes, Abrego will challenge, and that will take months to litigate ... real goal is punish abrego, which is not permissible.
conditions of release in TN case (ankle bracelet etc) address any flight risk. costa rica is only lawful place available

/185

Roger Parloff @rparloff.bsky.social · 1d

R: ... one of 4 exceptions apply. none do.
This came up witness's testimony. there's no prejudice to US. witness not aawre of any statement by US govt that it's prejudicial to send him to Costa Rica. this game of naming one country after another & having them say no thank you ...

/184

Roger Parloff @rparloff.bsky.social · 1d

statutorily determinative. important to understand how the statutory waterfall works
J: you're going to say, it's step by step analysis. you're saying abrego not going to be removed anytime soon, fine, but i should release him.
R: exactly. AG *shall* remove to country designated unless

/183

Roger Parloff @rparloff.bsky.social · 1d

from my office was sent 2 days later, but prepared earlier. it was a clerical error but basis of fear to Cosata Rica was solely refoulement concerns. as soon as that was taken off table, no further concerns.
J: so letter did postdate
S-M: that was an error
Rossman: designation of C.R. is
/182

Roger Parloff @rparloff.bsky.social · 1d

when he was first detained and didn't know what govt intended to do, as a protective measure he indicated a fear of removal to likely places govt was going to send him ...
Simon Sandoval-Moshenberg stands: can i address this
J: you may .
Simon S-M: 8/23/25 Abrego designated C.R. Letter fro

/181

Roger Parloff @rparloff.bsky.social · 1d

but there were subsequent emails about 22 countries in which he had credible fear, and that includes Costa Rica. what's up with that. govt has raised that. is abrego's willingness to go there sincere
R: i want to make that as cleawr as i can. 100% Abrego is prepared to go to costa rica

/180

Roger Parloff @rparloff.bsky.social · 1d

... to troll for political purposes
Judge: it's been no, no, no. don't really need to get to credible fear interview
Rossman: right. first step is to find a country that will accept him.
their genuine purpose is not to remove him.
J: what's timing ... august Abrego elected Costa Rica

/179

Roger Parloff @rparloff.bsky.social · 1d

Rossman: ... without his being convicted. my understanding, they are holding hostage passage to costa rica to induce him to plead guilty. for our purposes what that reveals is , they aren't presently intending to remove him in lawful way. they've spun the globe. picked various people. ...
/178

Roger Parloff @rparloff.bsky.social · 1d

... to costa rica [would you disagree]
R: no, [we'd take it. he would go]
i pause only because the language is a little different than --
"upon the conclusion of any criminal sentence he may serve in the USA." so our way of thinking it would be illogical for Costa Rica denying him

/177

Roger Parloff @rparloff.bsky.social · 1d

... Abrego ... they're 0 for 3. 3 strikes and you're out. govt has not provided a viable pathway to removal in reasonable foreseeable future. they've ignored, on purpose, the pathway that does exist. they could send him to costa rica.
J: if govt says today we'll not stand in way of him going
/176

Roger Parloff @rparloff.bsky.social · 1d

Rossman: they're holding him for purpose of punishing him for exercising his legal rights or for political purposes. if govt legitimately wanted to remove him, they had a clear pathway in Costa Rica. That's not govt's aim. aim instead is to ID series of countries that have no connection to

/175

Roger Parloff @rparloff.bsky.social · 1d

... going bac k to march
J: zadvydas never said 6 mos [was bright line]. time manners only so long as there's good grounds for holding him
A: exactly right. it's just a rebuttable presumption. govt has not and is not currently detaining Abrego for purposes of effectuating his lawful removal

/174

Roger Parloff @rparloff.bsky.social · 1d

R: ... that at all times US govt held the keys for that detention. validated that when they brought him back for criminal indictment.
point of all that is if you even were to measure time period for considering the 6-month presumption under Zadvydas, it's appropriate to consider the period ...

/173

Roger Parloff @rparloff.bsky.social · 1d

R: he's been in continuous detention since 3/12/25. [something about it requiring Victor Hugo to do justice to what he's been thru]
Judge says govt will say some of that detention was pursuant to criminal arrest.
R: ... govt didn't bring him back until scotus & fourth circuit ruled. we submit

/172