Kilmar Abrego Garcia's lawyers ask for more Trump admin officials to testify, possibly from White House

The lawyers representing Kilmar Abrego Garcia person asked a national justice for support to instrumentality 3 further depositions – from representatives of the Department of Homeland Security (DHS), the State Department and the Department of Justice (DOJ) – regarding what steps, if any, the Trump medication has taken to facilitate the amerciable migrant and alleged MS-13 pack member's merchandise from custody successful El Salvador. 

In a question filed Wednesday, Abrego Garcia's lawyers asked U.S. District Judge Paula Xinis of Maryland to bid the authorities to designate individuals from DHS, the State Department and the DOJ "who tin attest astir accusation known oregon reasonably disposable to each Department." They cited a national regularisation to forestall "bandying" of organizations, saying this mode would beryllium "the astir businesslike and slightest intrusive attack to get the indispensable discovery." 

"By allowing the Government to place its ain Rule 30(b)(6) representatives, Plaintiffs anticipation to debar imposing the load connected the heads of the Departments to testify, portion decently putting the onus connected the Government to hole their chosen representatives with the Departments’ implicit cognition of the constrictive issues astatine involvement successful this case," they wrote. 

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This undated photograph provided by Murray Osorio PLLC shows Kilmar Abrego Garcia.  (Murray Osorio PLLC via AP)

They noted the tribunal has already approved 4 depositions, 3 of which person already taken place, yet "plaintiffs are inactive successful the acheronian astir the government’s efforts to facilitate Abrego Garcia’s merchandise from custody and instrumentality to the United States."

Abrego Garcia's lawyers said they besides mightiness petition that idiosyncratic from the White House testify. 

"In fact, arsenic seems evident from its nationalist statements, this lawsuit besides involves decisionmaking at the White House successful summation to the 3 Departments," they wrote. "Accordingly, depending connected the grounds obtained successful immoderate authorized Department depositions, Plaintiffs whitethorn request to question further grounds from an appropriately knowledgeable typical of the White House." 

The question is redacted successful portions with excerpts of depositions that person already taken spot regarding Abrego Garcia's determination and custodial status. 

Jennifer, Kilmar Abrego Garcia's wife, cries arsenic Sen. Chris Van Hollen, D-Maryland, speaks during a property league aft returning from El Salvador connected April 18, 2025, astatine Dulles International Airport successful Dulles, Virginia. (Pete Kiehart for The Washington Post via Getty Images)

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In a two-page bid Wednesday, Xinis – who was appointed by erstwhile President Barack Obama – said the Trump medication was invoking the "state secrets privilege" to debar answering a judge’s questions astir Abrego Garcia's deportation. 

The justice acceptable a May 12 deadline for some parties to taxable briefs "addressing the ineligible and factual bases for the invocation of those privileges," and acceptable a May 16 tribunal proceeding connected the substance successful Greenbelt, Maryland. 

Testifying earlier the Senate Appropriations Committee connected Thursday, DHS Secretary Kristi Noem said that Abrego Garcia "is a national of El Salvador and should ne'er person been successful this country, and volition not beryllium coming backmost to this country." 

Paula Xinis is presiding implicit Kilmar Abrego Garcia's deportation case.  (US Senate Judiciary Committee)

"There is nary script wherever Abrego Garcia volition beryllium successful the United States again," Noem said. "If helium were to travel back, we would instantly deport him again, due to the fact that helium is simply a terrorist. He's a quality smuggler, and helium is simply a woman beater. " 

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The caput added that Abrego Garcia "is not a national of this state and is simply a unsafe idiosyncratic who does not belong." 

The Trump medication initially admitted that Abrego Garcia had been deported to El Salvador successful error, but has since doubled down connected his alleged MS-13 rank and documented maltreatment of his woman portion surviving illegally successful Maryland.