Legal AF by MeidasTouch - Trump Finally Shut Down by Judge in Abrego Garcia Case
Episode Date: February 20, 2026In breaking news, Judge Xinis, noting that the DOJ does not understand fundamental and basic law school concepts about how back dated orders work, has blocked the Trump ICE squad from capturing Kilmar... Abrego Garcia again or removing him to Africa as punishment for him winning in court, finding that they are by their own admission more than 6 years late in trying to disappear him out of the country. Graza: Take your food to the next level with Graza. Visit https://graza.co/LEGALAF and use promo code LEGALAF today for 10% off your first order! Visit https://meidasplus.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast Cult Conversations: The Influence Continuum with Dr. Steve Hassan: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices
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of justice under Pam Bondi, they don't even understand basic first-year law school concepts.
Like they went to a federal immigration judge and had them issue what's called a nunc pro-tunk
order to try to fix a problem related to Kilmer Abrago Garcia as they continue to try to remove
him in violation of its constitutional rights and sent him to Africa.
Judge Zinnis said, you don't even have a final order of removal from an immigration judge.
to base your removal on.
They said, oh, no, we do, judge.
We're going to go back to the immigration judge,
and we're going to get what should have been granted
and provided in 2019.
We're going to make him go do it now
and fix the clerical error.
Except the immigration judge issued what we call
in the business a nunk-protunk order,
which means now as if then.
In other words, it's a fix.
It's a wallpaper.
It's a little bit of a trick
where if you go to a federal judge
or any judge, and you say, I need you to kind of run the way back machine, the time machine,
and fix a problem in the past, but fix it now. Right? And so under that concept, now for then,
Nunk pro-tunk, they got a day or so after Judge Zinnis threw up her hands in December and said,
how can you remove him to another country and violate his civil rights and detain him and keep him in
detention when you don't even have the final order of removal. Oh, no, no, we got it. We got it.
Nunc pro-tunk, Judge. And because they fundamentally don't understand what that phrase means.
Judge Zinnis, in the last 24 hours, granted the temporary restraining order to prevent them from
capturing Kilmer Obrango Garcia again, taking away his freedom and trying to remove him.
In effect, the judge has said, you have waived your right. You have waived your right because you are five,
years late in removing him from this country under constitutional principles and Supreme Court precedent.
And maybe you should go back to night school to figure out what orders mean.
I'm Michael Popock.
I know what they mean.
You're here on the Midas Dutch Network and on Legal A.F.
Let's get down to the new filing and the new order that's just come out with Judge Zinnis
in District of Columbia.
Now, we all know, or if not, let me tell you now, the story of Kilmer's,
Brigo Garcia, a Maryland man married to an American citizen with two children, picked up and
accused of being a Trenda-Ragua gang member, although there's no proof of that. In fact, every
court that's looked at the issue from federal judges in Tennessee to New York to immigration
judges have rejected the evidence that he's a member of Trenda-Iragua. Notwithstanding that,
he was put on a plane in the middle of the night in shackles sent to El Salvador where upon
arrival he was tortured. The DOJ, the Department of Justice, had to admit to a federal judge
that he was illegally sent because he had in his back pocket in order to prevent his removal to El Salvador.
Okay?
In particular.
And yet he went to El Salvador.
The lawyer that admitted that in open court was not commended and pat on the back by the Department of Justice.
He was fired for telling the truth.
But that fact that he was illegally sent to El Salvador remains with the case.
Even the United States Supreme Court in reviewing Kilmer Obrigo's
case and granting his petition, 9-0, supporting Judge Zinnis back over the summer, said,
Zinnis is right.
You need United States government to facilitate the return of Kilmer or Brango-Garcia to the
United States for due process purposes.
They didn't like that.
So to retaliate against the Judge Zinnis and they're losing, they manufactured a criminal
case against the Brigo Garcia claiming that he was a human trafficker or actually
a human smuggler of people because he got stopped four years ago during a traffic stop
with seven people in the car.
The judges that have looked at that evidence said it was insufficient to keep him in jail
and released him.
Judge Crenshaw, the criminal court judge, federal judge in Tennessee, in about eight days,
is going to be holding a hearing to decide whether he's going to dismiss the criminal case
because of vindictive prosecution by the Department of Justice,
which brings us full circle to Judge Zinnis in Maryland.
She had a temporary restraining order in place before the holidays
that he wasn't going to go anywhere
until she had an opportunity to have this issue fully briefed
and decide about whether there's ever been an order of removal
and what is the impact of the new piece of paper
that the Department of Justice breathlessly comes into her courtroom with.
Judge, we got the order, see?
Yes, it's date of January, but it relates.
relates back to 2019.
And the judge says, exactly.
And that's what a nunc pro-tunk order does.
It means now for then.
Fix it now for something that happened then.
But the clock under the constitutional principles,
including a case called Zedvias,
says that within six months,
or at least, actually, yeah,
within six months after it,
order of removal is issued by an immigration judge, the person has to be removed from the country
and can only be detained in a cell for that nine-month period.
And if by the end of the six-month period, if by the end of the six-month period,
they do not remove him, then the government has forfeited its right to continue to detain him.
They can start another process to remove, but they can't detain in the meantime.
And the judge says, nunk pro-tunk means the thing happened back in 2019, which means you're six years
late in trying to remove him to fill in the blank for some far-awake African country.
Because to punish Abrago-Garcia, who has no links to Africa, they're threatening and
continuing to try to send him to Liberia and Cameroon, 3,000 miles away from his family in
Maryland, instead of where he said he will go.
Let me make this clear.
Kilmer Abrago-Garcia has said he will, he is, he knows.
he knows he's going to get removed one day from the United States and in the Trump era.
He's willing to go send him to Costa Rica.
They said, the Department of Justice, this is where the vindictive prosecution came in,
said, we'll do it, but you have to admit guilt that you committed those crimes in Tennessee.
He said, I'm not.
They said, we're sending you to Africa.
That's what's happened here, that the judges know about.
So Judge Zinnis said, six years ago, and I don't see you taking any steps now to send him,
even if you're right, that it's January.
I don't see you taking any steps at all to send him to Cameroon or to Liberia.
So I am going to continue to have him out of ICE detention, subject to the criminal case in Tennessee and their conditions on release.
Tell everybody about it.
This is how the judge ended it.
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My favorite part of Judge Zinnis's order,
which I will post on Legal A.F. Substack for paid members is when she gives them the lecture on what Nunk-Protunk means.
The fact that she has to tell lawyers this basic fundamental principle is beyond me.
She says on page 5, by contrast, a Nunk-Protunk order is not one which rewrites the history of a case,
nor is it one that alters the substantive rights of the litigants.
It is instead the duty of the court to see that the party shall not suffer by the delay.
A non-protunk order cannot reset the statute of limitations.
And she went through all of that.
So she concludes as follows.
This is in her new order.
From this, the court easily concludes that there is no good reason to believe removal is likely in the foreseeable future.
Respondents have done nothing to show that Abrago-Garcia's continued detention in ICE is consistent with due process.
he will be released under these principles.
And she's so ordered it.
Now they'll take their inevitable appeal.
But they're on a losing streak,
the Trump administration,
when it comes to Kilbur of Brango Garcia.
Just show him some mercy and send him to Costa Rica
and be done with it.
I mean, they're continued, you know,
the law of holes, they're continued digging.
You know, they hit rock bottom already,
but they continue to dig.
Donald Trump would do a lot better with the American people.
It wouldn't change the polling,
which is terrible for him right now.
It's heading towards 70% rejection rate
for Donald Trump for this failed administration.
But he'd do better if he would stop abusing
like the poster child for this Kafkaesque fiasco,
Kilmer Abrago Garcia.
Send him to Costa Rica and be done with it.
It's like, you know, it's like this poor Miss Bejosa,
18-year-old woman who came here as an 8-year-old from Honduras,
straight-A student in Texas,
goes to school at Babson College in Massachusetts,
goes to visit her family back in Texas
who were denied an asylum application at Thanksgiving,
and she ends up in shackles and sent back to Honduras.
And it takes an order of a judge,
a contempt order by a judge in Massachusetts
against the Trump administration to try to compel them
to do the right thing and give her the student visa
and let her complete her studies.
It doesn't surprise me.
We see reporting now that ICE is not following the appropriate procedure with pregnant and sick people who are in detention.
They're abusing pregnant and sick people.
Is this shock you?
You know, the organization rots at the head.
Who's the head?
Christy Noem.
And firing the public relations disaster of a spokesperson in Trisha McLaughlin apparently just happened, you know, because I guess Christy Noem called an American a,
domestic terrorist without evidence won too many times and they blame the PR director,
that's not going to fix the underlying violations of due process here and our civil liberties.
We'll continue to follow it.
I'm glad you're here on LegalAF on Midas Touch.
This is where we follow and drill down on this with your help and this community.
Take a minute, hit the subscribe button on LegalAF YouTube.
Come over to LegalAF substack for paid members where you can re-judge Zinnis' order for yourself.
Until my next report, this is Michael Popak.
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