8-25-25 - 7am - Illegal Truck Driver and More Kilmar

Episode Transcript

Speaker 1 (00:00):
If you think Phil Wiser or Michael Bennett would be
bad for our state. Gavin Newsom has announced a new
MAGA flag Make America Gavin again, please make it stop?

Speaker 2 (00:16):
Who Ben? It could be make America bad again? Wiser
could be make America. What's this again? We could do that? PPS.
We're talking about uh kim or Abregol Garcia kag as

(00:36):
I refer to it just easier than this thing. His name.
PPS over the weekend had this to say about it.

Speaker 3 (00:47):
Lawyers for Kilmar Abrego Garcia say the Department of Homeland
Security has told them that the government plans to deport
their client to Uganda. Salvadora National reunited with his family
in Maryland last night after being released from.

Speaker 2 (01:00):
A Tennessee jail.

Speaker 3 (01:01):
He's awaiting trial on human smuggling charges, to which he's
pleaded not guilty.

Speaker 4 (01:06):
Today has been a very special day because thank god,
I am back with family after more than one hundred
and sixty days. And I would like to thank all
the people who have been supporting me, because after such
a long time, I am realizing that many people have
been by my side.

Speaker 3 (01:21):
DHS ordered Abrego Garcia to report by Monday to an
Ice Removal Office in Baltimore. That came after he declined
an offer to be sent to Costa Rica in exchange.

Speaker 2 (01:31):
For pleading guilty. Now he he refused an offer that
in exchange for guilty plea will send you to Costa Rica.
I've been to Costa Rica a few time. Just a
really nice place. I wouldn't mind going back to coast.
I mean, if I'm going to be a if you
want to exile me, exile me to Costa Rica. I

(01:54):
mean it's not it wouldn't be my first of my list,
but it's not at the bottom line of my list either.
But think about the irony of that, Because.

Speaker 5 (02:03):
The man who is wrongly, wrongly deported by the Trump
administration to a prison in El Salvador has been told
by US immigration officials that he may now be expelled
to Uganda within days. On Friday, Kim Abrigo Garcia was
freed from a Tennessee jail, where he had been held
since his return to the United States. Earlier, Campala said

(02:24):
it had struck a deal with Washington to accept deporties
from third countries provided they had no criminal record.

Speaker 2 (02:31):
So you don't have a criminal record, you can go
to Uganda, and then it's why the text line points out,
which is just absolutely hilarious, is where did it go?
H O seven ninety three Rights Mike. Over the weekend,
an article appeared online that defended the Maryland father's right

(02:53):
to stay in this country and stated that he shouldn't
should not have to go to Uganda because he he
doesn't even speak the language. Oh you mean like he
can't speak the language. Here his attorney has in the
headlines on the over here on the Drudge Report show

(03:14):
that indeed he has been taken into custody.

Speaker 6 (03:16):
Good morning. My name is Simon Sandival Motionenburg. I'm a
partner at the immigration law firm. Good morning. My name
is Simon Sandival Motionenberg. I'm a partner at the immigration
law firm of Murray Assorio PLC in Maryland, Virginia and
New Jersey and one of the many attorneys in the
legal team that's been representing Kilmar Abrego Garcia. Mister Brego

(03:38):
Garcia was taken into custody by ice this morning.

Speaker 2 (04:01):
But why is it a shame? That's just gonna ask,
are they chanting shame? Shane? Okay, why is it a shamee?
Do you think that if I were to illegally reside
in any other country, that there would be a crowd
gathering around shouting, Shane, this is all the left has,

(04:23):
This is all the Democrats have.

Speaker 6 (04:25):
This is it.

Speaker 2 (04:28):
I have zero sympathy, zero sympathy. I have zero FS
to give about this.

Speaker 6 (04:49):
As he was leading the jail in Tennessee on Friday,
he'd been given a notice requiring him to check in
at eight am this morning. The notice stated that the
reason was interview. Clearly that was false. There was no
need for them to take him into ice attention. He
was already on electronic monitoring from the US Marshall Service

(05:11):
and basically on house arrest. The only reason that they've
chosen to take him into detention is to punish him.

Speaker 2 (05:17):
No, the only reason they've take him into detention is
to deport him, based upon the previous two orders of removal.

Speaker 6 (05:29):
To punish him for exercising his constitutional rights. His constitutional
right to fight back against being illegally deported to El Salvador,
his constitutional right to speak up through his court filings
on the torture and treatment that he received in El
Salvador at the direct request of our government, his constitutional
right not to allow his arm to be twisted to

(05:49):
take a guilty plea if he doesn't want to. His
constitutional right to exercise his right to a jury trial
on his criminal proceedings, if he so chooses, and his
constitutional right right under the ball of Form Act to
leave the prison and come home to his family. He's
being punished for exercising those rights.

Speaker 2 (06:06):
Now. Now Dragon asked me during the that was playing,
does he have constitutional rights? He does. He's been charged
with a crime, and he has a constitutional right to
a jury of his peers, to be able to present evidence,
to confront witnesses. He has all the constitutional rights because

(06:28):
he is on us soil. Now, I'm not going to
say subject to the jurisdiction of because that invokes, say,
the fourteenth Amendment, and we're not talking about Fourteenth Amendment
issues here. We're talking about anyone, even a tourist who
is here just visiting. They came to see. They came

(06:49):
to the United States of America because they wanted a
chance to come to the Circle Drive at forty six
to ninety five South Monaco and perhaps catch a glimpse
of the famous radio talk show host Michael Brown and
shake his hand. But yet while they were doing so,
they committed a crime. They committed an assaultant battery, or
they didn't know how they didn't know how to drive,

(07:12):
couldn't read, speak or do any sort of English. So
they were driving down the twenty five and they caused
a massive accident and killed people. And now they've been
charged with vehicular homicide. They are entitled to a jury trial,
They're entitled to defend themselves against those criminal charges, as
is anyone. But Dragon's question goes deeper, and I don't

(07:37):
think he realizes it. In so far as his deportation
is concerned, He's already received those constitutional rights. He has
appeared at least twice in front of an immigration judge,
which is what he's entitled to do, and that judge
has held a hearing, and that judge or those judges

(08:00):
have issued orders of removal, one of which was amended
to say, yes, but I'm going to withhold my order
of removal because i don't want you taken to Al Salvador.
So he received a whole panoply of constitutional rights. So
for the lawyer to sit there and claim that, you know,
he's entitled to stay here and get his rights, well, yes,

(08:22):
at the same time though, that he has a order
of removal. And this gets to the crux of what
I think we ought to do with these criminal aliens
to begin with. I want you to I don't care
where you come down on this issue, because I think
either side is fine. There are people who say, you're here,

(08:44):
you're in the country illegally, you have a subject, you're
subject to an order of removal. You've already appeared in
front of an immigration judge. I want you removed, and
so the judge signs the order of removal. But before
they can remove you, you commit a You engage in
criminal activity not has anything to do with the immigration

(09:04):
but you murder someone, you rape someone, you assault and
batter someone, you do some sort of criminal activity. My
choice is, and I know the victims of those crimes
may disagree with me, and that's fine. My choice is,
I'd rather see him deported then go through the entire
process of him getting the full panoply of rights that

(09:27):
he's entitled to as now a criminal defendant within the
United States of America. I'd rather just get rid of
the dirt bag. Sending to Uganda, sending him to South Sudan,
sending him to Al Salvador. I don't care. Sending to Honduras.
I don't care. Just get him out of the country
because we've now achieved a secure border. So and other

(09:52):
people may say, well, I want him to be convicted, Okay,
so you want him to be convicted. He'll probably get
a court appointed attorney, or he'll have some mucky muck
like this y'all who who works for an NGO that's
getting paid through tax payer dollars. So either way, we're
going to pay for this defense, and he's going to
be convicted, and then he's going to go to prison,

(10:13):
and he's going to stay in prison until his first
you know, eligibility for parole, and then once he's paroled,
then we're going to deport him. I'd rather save the
prison space for somebody else, and I'd rather get him
out of the country rather than support him in prison
for the next say, ten to fifteen twenty years, depending
on what the crime is. Get his ass out of here.

(10:38):
This the reason I am spending so much time on
this case is because I want you to understand the
full range, the hold, the entire spectrum of all of
the legal issues, the political issues, and to some people,
the moral issues that we face because of what we've
allowed to go on in this country by Republican and

(11:01):
Democrat presidents and Democrat and Republican congresses alike for decades
upon decades now, and that is tens of millions of
illegal aliens in this country, which if I had my way,
I would just deport them all. But then people say, well,
you're an a whole. Well, it wouldn't be the first

(11:22):
time I've been called an ahole, and probably not the
last time I'd be called an ahole. So but that's
that's my feeling. And I feel that way because if
I were in any other country, say other than maybe Germany,
France or the United Kingdom, I would be deported too,
and rightfully. So we've got to confront these issues and

(11:46):
recognize that we've allowed this problem to happen. And now
Democrats are literally, as somebody said on the on the
text line, why do they care more about the illegal
aliens than they do their own citizens. The answer is said,
that's all they got, that's all they got that this
is what they support, this is what they want. They

(12:09):
want people that don't know how to speak English, don't
know how to read traffic signs to get a commercial
driver's license. I heard the most astonishing thing about that
driver that killed that family in Florida. They were interviewing
people who felt sorry for that truck driver. Didn't think

(12:29):
he should be charged with a crime because he, well,
he's cooperating with the cops. Oh okay, So if I
commit vehicular homicide on the highway because I make an
illegal turn driving an eighteen wheeler, you're gonna feel sorry
for me because I didn't realize it was you know, Oh,
I can't turn where it says emergency vehicles only. I

(12:54):
cannot believe the extent to which people go trying to
justify remaining in this country illegally, and then when they
commit a crime, when they kill a family because they're
making an illegal U turn on an interstate highway in
Florida based on a CDL that they get in California, Oh,

(13:14):
we feel sorry for I have no sympathies whatsoever for
this guy. I went to book thrown, Nettie, And if
you think that's being cold hearted, then I don't know
you and I have anything to debate or argue about.
Because he committed Well, let's just say, you know our

(13:37):
favorite truck driver, Well, he thinks he's our favorite truck driver.
We really can't stand him, but you know, I'm just
trying to get a rise out of him. If he
did what that guy did, I don't care. In any state,
that is an illegal U turn, And first of all,
it's just stupid to try to do it on a
busy interstate highway with an eighteen wheeler. But he does

(13:59):
it because he doesn't know any better, because he got
a commercial driver's license in California. You know that's That's
very few times can I say something positive about Colorado.
At least in Colorado, we don't give out commercial driver's license,
so we give out driver's licenses. But you can't use
that driver's license, that regular driver's license, standard driver's license.

(14:24):
You cannot use that as a document to then go
get your CDL in Colorado. So at least we don't
have that yet. I'm sure if the Democrats figure out
a way to do it, the Marxist of the public
Bureau will, But I have no sympathy for that guy.
If our favorite, if any of our truck drivers that

(14:44):
listen to us pull that kind of stunt, would you
expect me to somehow. I mean, I truly would not
have any sympathy because you know better. I know people
make mistakes. I know people do stupid things on the
hig Way. But for a commercial someone who has a
commercial driver's license to think that on a crowded interstate

(15:06):
highway that you could possibly make that maneuver, it's just insane.
You're inherently endangering not just you know, whatever he was
carrying in that eighteen wheeler and himself, but people on
both sides, both directions of that interstate highway. He's endangering everybody,

(15:28):
and people feel sorry for him. I simply don't understand that. Meanwhile,
the same Yahoo long for.

Speaker 6 (15:36):
Expect today outcome? Can I sadly to say, I would say, yes,
I did expect today's outcome. There's no reason for us
to detain him. They don't have present legal authority to
remove him to Uganda because he's requested a reasonable fear interview.
He has the right to court proceedings right and you know,
he was already on electronic monitoring and essentially home confinement

(15:57):
through the US Marshall Service, So there's no reason and
for them to detain him. But did I expect them
to detain him.

Speaker 2 (16:03):
Yes, I did.

Speaker 6 (16:04):
The Baltimore Ice Office has been notorious even now with
ice all across the country out of control, The Baltimore
Ice Office.

Speaker 2 (16:12):
Ice across the country is out of control. No, I
just want you to know this is what you're going
to hear. Don't fall for their claiming that somehow ice
is out of control. This is what you have to
do when you want to remove illegal aliens from your country.
It's not pronounced a whole, it's a pronounced tushy hole.

(16:35):
Come on, well, to each his own. I want to
an email to you, and I'm going to go double
check myself. Greg writes, I'm sorry to say this about
your knowledge about CDL drivers in Colorado and possibly throughout
this country. Just check into some of these truck driving

(16:57):
schools and see who they are training and what language
they're training them in. Well, that has nothing to do.
A truck driving school can take anybody they want to
and train them. That does not mean that in Colorado
that individual is entitled to a CDL, because that's what

(17:20):
the law says. I looked at the law. I don't know.
I just back when this accident happened in Florida to
see if an illegal alien could get a CDL in Colorado,
and based on what I read in the statute, they cannot.
Now there's a difference between what the law says and
what somebody out there may be doing, which is entirely

(17:44):
different fake CDLs, CDLs from other states, whatever, But Colorado,
I think I'm pretty clear on the law. If that
doesn't prove anything to you, go to any of the
rock quarries throughout the metro area of Colorado and see
if those drivers are able to drive safely, speak English,
and then follow them down the I seventy with ninety
three thousand pounds of rock and driving at seventy plus

(18:06):
miles per hour. I'm a truck driver with forty eight
years over the road in local experience. Let me tell
you I know what I'm talking about. And sorry to
say you don't have a clue. Well, Greg, I think
I do have a clue. I think what you're referring
to is people that break the law. I'm just telling
you what the law is. You know, we have a
law against murder, but people still murder. We have laws

(18:28):
in Colorado to prevent them from getting CDLs. That doesn't
mean that they're out there that they're not driving. That
doesn't mean that they're not out there breaking the law.
So get straight about what I'm talking about versus what
you're talking about. And if you want to and if
you want to go ahead to toe on or head
to head either way on the law, let's get it on.

(18:51):
Happy to do that. Let's go back to kag for
a second. So the basis of the petition that they're
going to file today will be that KG has due
process rights to contest his removal to a third country.
That would be the basis that would be something like

(19:12):
fear of persecution or maybe torture. Those rights can only
be asserted after the third country destination is disclosed. Now,
since Uganda was only disclosed on August twenty two, three
days ago, he can be afforded adequate time to seek
relief under due process. After that, it's over, assuming that

(19:38):
the judge allows or orders him to Uganda or South
Sudan or anybody else. Now, let's go to today, after
the prospect of getting a removal order to a third country.
Back on July twenty three, this judge in Maryland invited
such a filing in her order that he not be

(19:59):
taken into ice custody. She wrote, Accordingly, the court shares
plaintiffs that would be Kag. The Court shares the plaintiff's
ongoing concern that, absent meaningful safeguards, defendants may once again
remove Kag from the United States without having restored him
to the status quote Auntie, and without due process. Thus

(20:21):
additional relief israel Bra. Note the reference that Kag that
he would be at risk of removal from this country
again without due process. This is a federal judge ignoring
the law because that comment ignores the fact that a

(20:42):
notice of removal has been in place since twenty nineteen,
and the only restriction on that order of removal from
twenty nineteen, which, by the way, Greg, I've read myself,
the only restriction was that he not be removed to
El Salvador. All of his immigration matters, in my opinion,

(21:02):
are closed. He has already received the due process that
he is entitled to as an illegal alien with no
right to stay in the United States. The only air
that implicated his new process rights was being sent to
L Salvador, and I'm for the life of me, I

(21:24):
don't know why they sent him to Al Salvador when
they had an they had a valid order of removal
from an immigration judge that said Kag is subject to removal.
The only withholding of that order is he cannot be
removed to Al Salvador. So why they did it, I
don't know, but that was stupid on the administration's part

(21:46):
to do that. They could have sent him to any
place else. The only error that implicated any of his
due process rights was being sent to El Salvador. Now,
this same judge in Maryland is overtly suggesting that other
due process errors might be involved if he's removed to

(22:07):
someplace other than El Salvador. In the later in the
same order, she writes this. However, the stipulation went on
to state that if defendants pursued third country removal, they
would quote follow the procedures set forth in the defendant
appellans stay application filed and granted in US Department of

(22:28):
Homeland Security versus DVD case number blah blah blah. This
was a convoluted way. This is the order. This was
a convoluted way of saying that abraval Garcia would be
subject removal under a US Department of Homeland Security March thirtieth,
twenty twenty five memorandum see memorandum. It provides that for
an alien is removed to a third country, DHS must

(22:50):
determine whether the country has provided diplomatic assurances that aliens
removed from the United States will not be person acted
or tortured. If the US has received such as assurances,
and if the Department of State believes those assurance are credible,
the alien may be removed without the need for further procedures.

(23:18):
That is her own ethne order from before. That's from
back in May of this year. Now. I guess the
court found this concession less meaningful because, on its face,
the memorandum provided that for any country from which the
defendants had secured blank of assurances against any sort of

(23:39):
persecution or torture of illegal aliens, and individual facing removal
to that country could be denied any further process prior
to being deported from this country. The stipulation also offered
no detail to Kag's potential third country removal, so adherence

(24:00):
to the memo from the judge raised a substantial risk
that Garcia could once again remove with that be removed
without due process and in a manner that would evade
this Court's jurisdiction and the intended protection against further constitutional violations.
Note her comment. On its face, the memorandum provides that
is about as big a flashing file again with me

(24:24):
to block his removal. I mean, that's what she's That's
what she's telegraphing to the lawyers. Hey, go file suit
with me again, all blockers removal once again, even though
she's admitted that, oh yeah, he's already gotten due process.
And the only thing you can't do is you can't
sit back to El Salvador. These proceedings may or may

(24:45):
not include lawful removal. So long as such actions are
taken within the bounds of the Constitution and applicable statutes,
this Court will have nothing further to say. What bull crap?
This judge is playing both sides of the fence. Isn't
that really nice of her? An acknowledgment that if the
Trump administration complies with the laws, she won't interfere, but

(25:07):
really kind of subtly telling the lawyers, but if they
do try to deport him, come to me and I'll
stop it once again. Not hard to see where this
is headed, Not hard at all. I'll explain what Michael,
I'm with you.

Speaker 1 (25:23):
I think these leel allience should be deported rapidly instead
of having just languishing the system here in America for years.

Speaker 2 (25:32):
And years and decades. Let's just get it over with.
I think, get him out of here. I agree. And
the problem is what you're facing is, Look, I know
people not everybody's happy about the election Donald Trump. I

(25:52):
recognize that. But what what Trump is doing now? For example,
I you know, I'm not ready to get into his
idea that he's going to send the National Guard in Chicago.
I heard him talking over the weekend about how Chicago's next. Well,
I'm thinking to myself, under what legal authority do you

(26:13):
have to do that? Because you got posse commatatis and
you've got the Insurrection Act you have, you've got the
constitutional prohibitions, and you don't have that jurisdiction over what
are purely state in local criminal matters. Now, if there was,
if there was, let's take Black Lives Matter and Antifa,

(26:40):
when when they're attacking federal courthouses, federal facilities, an air
Force base, a National Guard unit, a federal courthouse, whatever,
and local cops are not doing their job yes, you
could invoke the Insurrection Act, you could wave posse commontatas,

(27:00):
and you could send troops in or the National Guard
in to protect those facilities. But that's not what we
have going on in Chicago. But Trump, by talking about
doing it is really in my opinion, And he may
prove me wrong because he may actually try to send
troops in. Some judge will probably slapping him down for

(27:22):
doing that. But what he's really trying to do is
say to all of these governors and mayors and everybody else,
he's trying to rile up citizens that you don't have
to put up with substandard policing, you don't have to
put up with the lack of community policing. Look what

(27:43):
I did in just just by putting National Guard troops
on the ground in the district of Columbia, which I
know is an anomaly because it's a federal district. Nonetheless,
it shows what police presence does. It reduces crime. So
for all the defund the cops, for all cities like
Denver have budget holes. So what do they do. They cut,
you know, they cut back on police department, they cut,

(28:05):
they cut back on public safety. Well, that just naturally
leads to an increase in crime. He's signaling to you
and me, it doesn't have to be that way. What
he's doing with KAG is signaling to every other illegal
alien you want to fight, that's fine. We're going to
expend all the resources we possibly can, and we're going

(28:28):
to port your ass out of here, whether it takes
us six days or six weeks or six months. We're
not gonna give up just because you got some NGO.
That's when you come out here and try to defend you.
That is what I voted for. That is what I want.
And this judge, who I think is completely out of
her mind in terms of the way she's reading and

(28:51):
writing her orders, is simply trying to delay the process
because I am certain. I am certain I could be
proven wrong, but I'm certain in her mind she is
sympathetic toward the plight of illegal aliens, and she somehow
thinks that this guy is being quote mistreated. I don't

(29:12):
think he's being mistreated illegally. I think he's become through
his own volition and because of sucking up being sucked
up into the NGO world. He's being used as a pawn,
and he's become because a de Trump administration did make
a mistake by sending him to El Salvador. They had
a perfectly valid removal order that said, yeah, you can

(29:33):
send him anywhere, just will send me Nel Salvador. And
what they do, they send him El Salvador. What guys,
you fed up? You shouldn't have done that. So now
you've got this protracted fight going on, which just gives
this judge even more ammo to work with. He has
gotten his due process rights. He has been before at

(29:53):
immigration judge what at least four or five times now
when I think about the process, he's probably been in
front of an immigration judge about four or five times.
So this judge is completely ignoring, then ignoring entirely that
the Supreme Court had a chance to adopt a view
that adherence to her memo is that you know, he

(30:16):
could once again me be removed without due process. That's
what our memo said. But she's trying to interpret it differently.
That's not how the US Supreme Court saw it. The
US Supreme Court saw that, Hey, listen, you're probably right
he shouldn't have been removed to Al Salvador. You wanting back,
you need to just you can't order them how to

(30:38):
bring him back. All you can do is request a
list to see if they're bringing him back, you know,
as as expeditiously as possible, as reasonably as possible, as
legally as possible, because you're now venturing into foreign affairs,
You're now venturing into a relationship between two sovereign nations,

(30:59):
and you don't have any jurisdiction to do that. Now
the Cabal and all these nngos are taking Kate ag
and setting him up as the holy grail of Oh
look look how badly retreating this guy. He's accused of
being a member of MS thirteen, some of the worst
gay well used to be the worst gang until trend

(31:20):
of Ragua came along. And he's engaged in humans smugly,
at least that's the allegation, and not only that, he's
already been ordered out of the country.