Potential Legal Repercussions for White House Social Media Post
“This social media post might seem playful now, but there’s a good chance it will be used as proof of intentional non-compliance with a judicial order,” remarked a legal expert about a post from the White House.
Last Friday, the White House publicly scoffed at an image depicting Kilmar Abrego Garcia, a Maryland father who was recently sent by the Trump administration to a notorious Salvadoran prison. The image also included U.S. Senator Chris Van Hollen, who had successfully convinced Salvadoran President Nayim Bukele to permit a visit. This mocking response has drawn criticism, with some suggesting it could lead to future legal trouble.
“This is likely to be featured in multiple legal documents,” stated Joyce White Vance, a former U.S. Attorney now serving as a law professor. She commented on the potential implications of the White House’s social media behavior, especially considering the post could serve as evidence of an intent to disregard a court order.
Vance was commenting on a post from the White House’s official X platform account, which showed the New York Times front page featuring Abrego Garcia and Senator Van Hollen. The original headline stated, “Senator Meets With Wrongly Deported Maryland Man in El Salvador.” However, the White House altered the headline in their post by crossing out “wrongly,” substituting “Maryland Man” with “MS-13 Illegal Alien,” and adding “who’s never coming back” to the article about the father and metal worker.
The modified image was shared with the White House’s 1.6 million followers, despite the White House’s admission in a court that they had deported Abrego Garcia by mistake, according to software engineer and writer Lakshya Jain.
Journalist David Leavitt noted that this public defiance came just days after Chief Judge James Boasberg of the U.S. District Court in Washington, D.C., expressed there was “probable cause… to find the government in criminal contempt,” a situation that could lead to fines or imprisonment. Last month, Boasberg had ordered the administration to return two planes carrying migrants to El Salvador, which were part of a $6 million agreement to incarcerate them at Bukele’s Terrorism Confinement Center (CECOT). The order was ignored by the White House.
Moreover, the Trump administration has also ignored a unanimous decision by the U.S. Supreme Court last week, which mandated that the White House facilitate Abrego Garcia’s return to the U.S. Although officials, including Vice President JD Vance and Bukele himself, have labeled him a “convicted” gang member and a “terrorist,” Abrego Garcia has not been convicted of any crimes and was protected by a 2019 court order recognizing his credible fear of persecution if deported.
Aaron Blake, a senior political reporter at the Washington Post, commented that by stating Abrego Garcia is “never coming back,” the White House was essentially mocking the Supreme Court.
Attorney Aaron Regunberg criticized the White House officials for explicitly stating they would defy a unanimous Supreme Court order, and he recalled Senate Minority Leader Chuck Schumer’s (D-N.Y.) previous statement that such defiance by President Trump would necessitate “extraordinary action.”
“So… where the fuck are you?” Regunberg challenged Schumer.
In a press conference after his return to the U.S., alongside Abrego Garcia’s wife, Senator Van Hollen condemned the Trump administration for consistently misleading the public about this case. “They’ve been trying to deflect from the start,” Van Hollen stated. “As I’ve said, and as the courts have determined—from the Supreme Court to the 4th Circuit, to the District Court—this is about adhering to the Constitution, to the right of due process. And that’s why we say: ‘Bring Kilmar home,’ so he can receive the constitutional rights he is due.”
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