Trump Officials' Defiance Over Abrego Garcia's Deportation Is 'shocking,' Appeals Court Says

The Trump administration's claim that it can't do anything to free Kilmar Abrego Garcia from an El Salvador prison and return him to the U.S. 'should be shocking," a federal appeals court said Thursday in a blistering order that ratchets up the escalating conflict between the government's executive and judicial branches.

A three-judge panel from the 4th U.S. Circuit Court of Appeals unanimously refused to suspend a judge's decision to order sworn testimony by Trump administration officials to determine if they complied with her instruction to facilitate Abrego Garcia's return.

Judge J. Harvie Wilkinson III, who was nominated by Republican President Ronald Reagan, wrote that he and his two colleagues "cling to the hope that it is not naive to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos."

"This case presents their unique chance to vindicate that value and to summon the best that is within us while there is still time," Wilkinson wrote.

The seven-page order amounts to an extraordinary condemnation of the administration's position in Abrego Garcia's case and also an ominous warning of the dangers of an escalating conflict between the judiciary and executive branches the court said threatens to "diminish both." It says the judiciary will be hurt by the "constant intimations of its illegitimacy" while the executive branch "will lose much from a public perception of its lawlessness."