State Secrets Privilege

Trump Administration Uses State Secrets Privilege to Conceal Deportation Wrongdoing

The Trump administration is employing state secrets privilege to block the release of information regarding Kilmar Abrego Garcia’s wrongful deportation to El Salvador and any efforts to return him to the United States. A judge ordered the administration to justify its claims of privilege and scheduled a hearing to determine their validity. The administration contends that fulfilling discovery requests would necessitate releasing classified documents. While the administration claims Abrego Garcia is an MS-13 gang member, his lawyers dispute this, asserting his innocence and the administrative nature of his deportation. The Supreme Court previously mandated the administration facilitate Abrego Garcia’s release from Salvadoran custody.

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