Retired Judge Andrew Napolitano told Newsmax on Monday that the case of a Maryland resident deported to El Salvador by mistake is a "black eye to the administration."
Napolitano told "Carl Higbie FRONTLINE" that the ruling by U.S. Chief Justice John Roberts to delay an order for the man's return is not an indication of the court's direction on a potential overriding ruling in the case. Instead, the judge says it amounts to a procedural action.
"This is what's called an administrative stay," the retired judge said. "So it's only good for 48 hours — during the course of which he's got to count the noses of the other eight members [Supreme Court justices] to see if they want to take the case."
The temporary order from Roberts came hours after a Justice Department emergency appeal to the Supreme Court arguing that U.S. District Judge Paula Xinis overstepped her authority when she ruled Kilmar Abrego Garcia should be brought back to the United States. The administration earlier acknowledged that Abrego Garcia was deported in error. The White House maintained, however, that he is a gang member.
Napolitano said returning the man to the United States should not be that difficult.
"The trial judge can order them to make every reasonable effort to get him back. Which might include a phone call from Secretary of State [Marco] Rubio to his opposite number saying there's a guy there by mistake," he said.
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