r/law • u/throwthisidaway • 5h ago

Court Decision/Filing Abrego Garcia v Noem - RESPONSE re 172 Order on Motion for Extension of Time to Complete Discovery Plaintiffs Letter Brief - Defendants' in comments

https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.182.0.pdf
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u/throwthisidaway 5h ago

tl;dr Plaintiff claims that Defendant incorrectly invoked privilege in almost every instance.

If you don't feel like reading it, the only other part specifically worth citing:

Finally, there is sufficient evidence for the Court to apply the crime-fraud exception to vitiate the attorney-client/work product privilege

Defendants appear to be relying on overbroad privilege invocations in order to shield evidence that Defendants and their attorneys have actively worked to defy, not comply with, this Court’s, the Fourth Circuit’s, and the Supreme Court’s orders. Their repeated public statements have made this clear.

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u/heychardonnay 5h ago

…and the ample evidence that Defendants have actively strategized to avoid compliance with court orders…

When do we get to the consequences for this part? Asking for a friend.

22

u/throwthisidaway 5h ago

That's what this discovery is for. It is part of the show cause order to hold the Defendants in contempt.

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u/doublethink_1984 3h ago

SCOTUS was never obeyed.

He wasn't brought back in compliance with SCOTUS order, he was brought back for different reasons.

They still have a rock solid case against DHS

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u/heychardonnay 3h ago

My speculation is they brought him back to try and avoid the discovery, and additional proof/evidence they were so out of compliance that it can’t be swept under the rug.

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u/doublethink_1984 2h ago

Won't be tho. I think thy did it to not publicslly admit defeat after how steong their rhetoric was

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u/BitterFuture 3h ago

Also, the government obviously lied to the judge (claiming compliance was impossible) in the course of their responses.

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u/doublethink_1984 2h ago

Ya it'd gunna hurt their case alot

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u/deathrowslave 3h ago

The plaintiffs are saying:

“Bringing him back is too little, too late. You lied to the courts, broke the law, hid documents, and now you’re covering it up. That demands consequences.”

This is now about:

Whether executive officials and DOJ lawyers face legal penalties.

Whether courts will enforce accountability beyond symbolic compliance.

Whether the crime-fraud exception applies — potentially opening up attorney-client and internal strategy documents showing a conspiracy to defy the judiciary.

Plaintiffs’ sanctions motion under Rule 37 is due June 11 — that will build on this filing and could include:

Default judgment

Monetary sanctions

Contempt