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Judge: US claim of state secrets privilege in Kilmar Abrego Garcia case is ‘inadequate’

GREENBELT, Md. — A federal judge told the Trump administration Friday that its explanation for invoking the state secrets privilege in the Kilmar Abrego Garcia case is inadequate, describing the government’s reasoning for withholding information as “take my word for it.”

Trump administration attorneys have argued that releasing details in open court — or even to the judge in private – about returning Abrego Garcia to the United States would jeopardize national security. For example, they said it would reveal confidential negotiations with foreign countries.

But U.S. District Judge Paula Xinis in Maryland said she was at a loss for how she could independently determine the nature of the government’s concerns with the information it provided.

“There’s simply no details,” she said. “This is basically ‘take my word for it.'”

Jonathan Guynn, a Justice Department attorney, disagreed that the explanation was inadequate.

“We think we’ve provided significant information,” he said.

The focus of Friday’s hearing was primarily on the Trump administration’s desire to invoke the state secrets privilege, a legal doctrine that is more often used in cases involving the military and spy agencies. But how Xinis ultimately rules could impact the central question looming over the case: Has the Trump administration followed her order to bring back Abrego Garcia?

Abrego Garcia’s attorneys argued that the Trump administration has done nothing to return the Maryland construction worker. They say the government is invoking the privilege to hide behind the misconduct of mistakenly deporting him to El Salvador and refusing to bring him back.

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