Ten Bears has it correct. If we do not stand up for each another now while it is bad and hard, who will stand up for anyone later when it is far too late. Hugs
Please note the article is 4 months old. However in this time of constant AI talk and every company trying to push us into using it against out will I think we also realize how dangerous AI can be. Hugs
Open AI to change way it responds to users in mental distress as parents of Adam Raine allege bot not safe
Adam Raine’s parents are suing Open AI after he discussed a method of suicide with ChatGPT on several occasions, including shortly before taking his own life. Photograph: the Raine Family
The makers of ChatGPT are changing the way it responds to users who show mental and emotional distress after legal action from the family of 16-year-old Adam Raine, who killed himself after months of conversations with the chatbot.
Open AI admitted its systems could “fall short” and said it would install “stronger guardrails around sensitive content and risky behaviors” for users under 18.
The $500bn (£372bn) San Francisco AI company said it would also introduce parental controls to allow parents “options to gain more insight into, and shape, how their teens use ChatGPT”, but has yet to provide details about how these would work.
Adam, from California, killed himself in April after what his family’s lawyer called “months of encouragement from ChatGPT”. The teenager’s family is suing Open AI and its chief executive and co-founder, Sam Altman, alleging that the version of ChatGPT at that time, known as 4o, was “rushed to market … despite clear safety issues”.
The teenager discussed a method of suicide with ChatGPT on several occasions, including shortly before taking his own life. According to the filing in the superior court of the state of California for the county of San Francisco, ChatGPT guided him on whether his method of taking his own life would work.
It also offered to help him write a suicide note to his parents.
A spokesperson for OpenAI said the company was “deeply saddened by Mr Raine’s passing”, extended its “deepest sympathies to the Raine family during this difficult time” and said it was reviewing the court filing.
Mustafa Suleyman, the chief executive of Microsoft’s AI arm, said last week he had become increasingly concerned by the “psychosis risk” posed by AI to users. Microsoft has defined this as “mania-like episodes, delusional thinking, or paranoia that emerge or worsen through immersive conversations with AI chatbots”.
In a blogpost, OpenAI admitted that “parts of the model’s safety training may degrade” in long conversations. Adam and ChatGPT had exchanged as many as 650 messages a day, the court filing claims.
Jay Edelson, the family’s lawyer, said on X: “The Raines allege that deaths like Adam’s were inevitable: they expect to be able to submit evidence to a jury that OpenAI’s own safety team objected to the release of 4o, and that one of the company’s top safety researchers,Ilya Sutskever, quit over it. The lawsuit alleges that beating its competitors to market with the new model catapulted the company’s valuation from $86bn to $300bn.”
Open AI said it would be “strengthening safeguards in long conversations”.
“As the back and forth grows, parts of the model’s safety training may degrade,” it said. “For example, ChatGPT may correctly point to a suicide hotline when someone first mentions intent, but after many messages over a long period of time, it might eventually offer an answer that goes against our safeguards.”
Open AI gave the example of someone who might enthusiastically tell the model they believed they could drive for 24 hours a day because they realised they were invincible after not sleeping for two nights.
It said: “Today ChatGPT may not recognise this as dangerous or infer play and – by curiously exploring – could subtly reinforce it. We are working on an update to GPT‑5 that will cause ChatGPT to de-escalate by grounding the person in reality. In this example, it would explain that sleep deprivation is dangerous and recommend rest before any action.”
Right wing provocateur Nick Shirley has published a video claiming he has proof of fraud in Somali daycare centers. I watched the video so you don’t have to. The entire video is, in a word, propaganda. Despite this complete lack of substantiation, Vice President JD Vance praised Shirley and suggested he deserves a Pulitzer Prize. MAGA media has since moved immediately to demonize the Somali community in Minnesota as a whole—facts be damned.
That framing is not just reckless—it is intentionally racist. And it obscures the real issue entirely. Here are the critical facts they leave out, and hope Americans don’t see.Let’s Address This.
Watch my breakdown on YouTube, or read the full article below.
Let’s Address This with Qasim Rashid is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
A Propagandized Claim With Zero Evidence
Shirley begins his interview with a man named “David,” who apparently investigated this alleged fraud for years. Shirley provides no explanation of who David is, what qualifications he has, or what actual evidence of fraud he’s uncovered. Instead, while waving around documents that he never bothers to validate, David makes the following bombastic and factless claims:
“Compared to worldwide, the fraud is worse here in the Twin Cities than anywhere else ever, in history, anywhere.”
“The allegedly stolen funds are being sent to terrorist organizations.”
“We have to be careful because these [Somali] people are very violent, they’re exceptionally violent.”
“Tim Walz is guilty of misconduct with a public employee.”
Note—the above are actual quotes from David. At no point in the video does David or Shirley provide any actual evidence for the above claims. We are simply meant to believe them—even to the absurdity that in the entirety of human history, the alleged fraud in Minnesota outranks all of them. As far as the claim that “Walz committed misconduct with a public employee,” there’s zero evidence of this malicious claim. It’s especially rich coming from two men who are silent on Trump’s dozens of cases of sexual assault of women, and God only knows the full extent of his involvement in Epstein’s child sex trafficking atrocity.
Shirley and David espouse obviously and demonstrably false claims. The majority of Shirley’s video then entails he and David driving from center to center, harassing employees, and attempting to enter childcare centers without permission. The employees are clearly frightened that two angry men with cameras are repeatedly yelling “where are the children!”, while trying to gain unauthorized access to spaces meant to protect children. Unsurprisingly, the employees refuse to answer questions from men they rightly see as strangers. Shirley and David therefore conclude that the employees’ refusal to answer their questions means there must be fraud.
That is the extent of their “evidence” of fraud.
Shirley Ignores What Actual Journalists Have Already Reported
Now, let’s make four points absolutely clear—points Shirley deliberately ignores, and hopes his viewers don’t realize.
First, what Shirley allegedly “uncovered” is not some new scandal. Since 2022 several of these same day care centers have been fined and shutdown for violating the law. Local media in Minnesota has already reported on that alleged fraud and reported on the subsequent FBI investigations. Even in his video, Shirley admits that the FBI is already investigating these facilities and is already aware that there may be potential fraud. You can literally see him at the exact same locations that have already been investigated and reported upon.
Top Screen grab: News report from local Minnesota reporters 1 year ago. Bottom screen grab: Shirley pretending he’s breaking new news right now.
Top Screen grab: News report from local Minnesota reporters 1 year ago. Bottom Screen grab: Shirley pretending he’s breaking new news right now.
Fourth and finally, for as much as Shirley insists fraud problems in Minnesota begin and end with Somalis, nowhere in his 42 minute propaganda piece does he admit, let alone acknowledge, that the accused ring leader who was convicted of leading the largest prosecuted fraud in Minnesota is a white woman named Aimee Bock.
Aimee Bock was found guilty in a jury trial of defrauding Minnesota $250M in an overlapping “Feeding Our Future” fraud case.
In short, Shirley hasn’t broken any new news, this alleged scheme has nothing to do with terrorism, the day care center employees themselves sounded the alarm, and Shirley ignores Aimee Bock altogether. What exactly is Shirley exposing? Will his next story reveal Watergate? It seems quite clear that Shirley saw news reports from years ago, saw Donald Trump demonize Somalis, and attempted to recreate work done by actual journalists while trying to pass it off as his own to gain clout, clicks, and views.
Here Are The Facts
Now, let’s discuss what is true.
Shirley alleges that Somalis have somehow “taken over” Minnesota. This is fear-mongering and racist propaganda. Minnesota is home to approximately 60,000 Somalis, representing a whopping 1% of Minnesota’s population of 6 million people.
Moreover, it is absolutely not the case that Somalis somehow uniquely committed fraud. It is the case that, among the people accused of fraud in Minnesota, some happen to be Somali. That is a critical distinction. Fraud, where it occurs, should be investigated and prosecuted fully and fairly—for everyone involved, regardless of race, religion, or immigration status. No person gets a pass, and no group deserves collective blame. But Shirley or MAGA figures are not interested in accountability. They are interested in scapegoating.
Shirley’s video ends with him demanding answers from a Democratic member of the Minnesota legislature—who correctly reminds him that such fraud is in all 50 states, under Democrats and Republicans, and that this is not a partisan or racial issue. Shirley never actually rebukes her. He cannot, for the very simple reason that she is absolutely correct. On June 30, 2025, The Department of Justice reported:
The Justice Department today announced the results of its 2025 National Health Care Fraud Takedown, which resulted in criminal charges against 324 defendants, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals, in 50 federal districts and 12 State Attorneys General’s Offices across the United States, for their alleged participation in various health care fraud schemes involving over $14.6 billion in intended loss. The Takedown involved federal and state law enforcement agencies across the country and represents an unprecedented effort to combat health care fraud schemes that exploit patients and taxpayers. (emphasis added)
If fraud were actually the MAGA concern, their outrage would not be selectively triggered only when the accused are Black, brown, Muslim, or immigrant. Yet we have overwhelming evidence that the same political movement now pretending to care about alleged fraud in Minnesota, instead openly celebrate and reward white fraudsters—at vastly larger scales—nationwide.
When MAGA Approves Fraud
And yet here’s another critical and substantive point that Shirley entirely ignores. Donald Trump has personally granted clemency or pardons to at least two dozen individuals convicted of fraud totaling well over one billion dollars. None of them are Somali. Nearly all of them are white. And this fraud has also been well reported, meaning Shirley and his supporters are either willfully ignorant, or deceptively censoring it. Among them include:
Trevor Milton, founder of an electric truck company, was convicted of securities fraud and wire fraud and ordered to pay $676 million in restitution.
Ross William Ulbricht, founder of Silk Road, was convicted of running a massive criminal enterprise facilitating drug trafficking and money laundering and ordered to pay nearly $184 million.
HDR Global Trading Limited, operator of a cryptocurrency exchange, was fined $100 million for violating anti-money laundering laws.
Lawrence Duran, owner of a Miami-area mental health company, was convicted of healthcare fraud and sentenced to 50 years in prison with $87.5 million in restitution.
Trump pardoned them anyway. In total, Trump has pardoned at least 24 mostly white Americans (so far) for committing Medicare fraud, Medicaid fraud, and/or securities fraud. And not in his first term either—this is right now as we speak while the alleged fraud in Minnesota is taking place. And I say “so far” because Trump’s pay to pardon bribery scheme has become so open and brazen, that the Wall Street Journal reports that Trump’s handlers are now reportedly charging convicted fraudsters upwards of $1M to lobby their pardon before Trump.
Somalis face demonization on the mere accusation of a crime—yet we hear complete silence from Shirley and MAGA pundits on Trump’s open bribery to pardon convicted felons who are white. Thus the open hypocrisy—when white Americans commit fraud, they are treated as individuals. When Black, brown, Muslim, or immigrant communities are accused—even speculatively—the entire community is put on trial. One person becomes “proof” that everyone is guilty. That is de facto racism.
So let’s be explicitly clear: if you are outraged at alleged fraud involving Somali daycare operators, but celebrate Trump for pardoning white men convicted of fraud at ten or twenty times the scale, then fraud is not what you care about. What you care about is protecting white supremacy.
The Core Issue Remains Ignored
Just as importantly, we cannot forget this critical point: Racializing fraud allegations to demonize all Somali Americans of Minnesota, while ignoring the much greater fraud nationwide by predominantly white Americans, is another culture war waged by the MAGA right. And they’re waging it right now for two reasons.
One, to distract Americans that MAGA Republicans have failed to extend ACA subsidies, which means come New Year’s Day your ACA premiums will skyrocket. MAGAs will point to Minnesota to convince Americans that the “real” reason premiums are spiking is not the exploitative for profit healthcare system or the deliberate failure of MAGA Republicans to extend ACA subsidies—but the lie that it is due to Somali Americans. MAGAs will try to convince Americans nationwide that this is a “Somali problem.” Do not let them.
Two, to prevent Americans from realizing these devastating facts—that 16 years after the ACA was passed, Republicans still don’t have a healthcare plan. That Trump has pardoned far more fraud than is alleged to have happened in Minnesota. That Medicare and Medicaid fraud is a nationwide cancer caused by our exploitative for profit healthcare system, that could be addressed with a universal healthcare model, but that would cost politicians immense financial loss in campaign donations and in their stock portfolios, so they will not let it happen.
In short, MAGAs are demonizing Somali people to ensure healthcare remains a for profit exploitation scheme.
The truth is this: fraud in healthcare is not an aberration. It is a feature of a system designed to extract wealth rather than deliver care.
I have already written at length about America’s HELL Corporations, and the fraud ridden for profit exploitation business model that causes at least 68,000 preventable deaths annually. For example, UnitedHealth is being sued for denying 90% of valid Medicaid claims to senior citizens—undoubtedly enabling preventable death. Yet, we don’t see MAGA Republicans or their pseudo-journalists like Shirley accosting them to explain their billions in fraud.
Closing Points
The difference between MAGAs outraged over alleged fraud in Minnesota by some Somali Americans, and the rest of us, is this. We loudly condemn that fraud whether its committed by a Somali American, European American, Latino American, or Asian American. MAGAs only care if the alleged fraud is committed by non-white people, and celebrate the pardoning of convicted fraudsters who are white. This is not my opinion, as the above receipts show this to be true.
But we have a solution to this fraud enabled by an exploitative, for-profit insurance system. If we joined every other developed nation and guaranteed healthcare, politicians could no longer use our lives as bargaining chips. And fraud—real fraud—would be far harder to commit in a system built around care rather than profit extraction.
So when MAGA figures obsessively target Somalis in Minnesota, understand what is really happening. They are not exposing corruption. They are deflecting from it. They are protecting an exploitative system by redirecting rage toward a vulnerable community. Because two things can be and are true at once: individuals who committed fraud should be held accountable regardless of their racial background, and the overwhelming majority of fraud—and harm—comes from a corporate healthcare system that thrives on exploitation, protected by politicians who pardon billion-dollar criminals while demonizing immigrants.
Until we confront that reality honestly, we will keep repeating the same cycle: scapegoats on the margins, impunity at the top, and a system that continues to kill tens of thousands of Americans every year—quietly, profitably, and with corporate media silence.
Let’s Address This with Qasim Rashid is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
I want to thank https://personnelente.wordpress.com/2025/12/31/attacking-ukraine/ for the link to this news article. I think it is seriously important we realize Ukraine is suffering to keep the rest of the world safe. If Putin has his way he will recreate the world of the USSR in the 1980s again, taking territory of other countries by force and stealing their resources, just as tRump thinks the US should be able to do the countries the US deals with or are in our hemisphere. None of this will come to any good for the world. Right from the start Ukraine should have been given the weapons it needed with no restraint on how to use them. Biden did as much to damage Ukraine as Putin’s military did. Biden forced Ukraine to fight with their hands tied behind their backs. Thankfully Europe is realizing that mistake and removing the no attacks on Russian soil restrictions. Hugs
In 2025, Russian troops carried out a record number of air attacks on the territory of Ukraine. According to the United24 platform, the enemy used more than 60 thousand guided bombs, about 2.4 thousand missiles and more than 100 thousand drones of various types.
Number of air alerts in Ukraine in 2025 / United 24
During the year, at least 19,033 air alerts were announced throughout the country. The sirens sounded most often in the Kharkiv region (2,020 times), Zaporizhia (1,807 times) and Sumy region (1,793 times). The fewest alerts were recorded in Transcarpathia (126 times), Ivano-Frankivsk region (133 times) and Lviv region (140 times).
If in the winter and spring months there were one or two major attacks per month, then since June-July their number has increased significantly. During individual strikes, the enemy used up to 60 missiles and hundreds of drones, sometimes up to 700–800 drones in a single attack.
The most massive attacks of 2025:
January 15: 177 targets (of which 43 missiles and 74 drones, air defense destroyed 30 missiles and all drones)
February 1: 165 targets (of which 42 missiles and 123 drones)
March 7: 261 (of which 67 missiles and 194 drones)
April 24: 215 (of which 70 missiles and 145 drones)
May 25: 367 (of which 69 missiles and 298 drones)
Starting in June, the shelling has intensified significantly:
June 29: 537 targets (of which 60 missiles and 477 drones)
July 9: 728 drones.
In August, the number of attacks remained at a high level:
August 21: 614 targets (including 40 missiles and 574 drones)
August 28: 629 targets (including 31 missiles and 598 drones)
August 30: 582 targets (including 45 missiles and 537 UAVs).
Consequences of the shelling of Donetsk : National Police of Ukraineregion
A record number of drones was recorded on September 7 – 823 targets (including 810 drones and 13 missiles), and on October 30 the enemy launched 705 targets (including 52 missiles and 653 drones). During November and December, massive attacks continued: the number of missiles reached 51, drones – up to 653 in one shelling.
United24 emphasizes that human suffering cannot be fully measured in numbers, but statistics clearly demonstrate the scale of the threat and confirm that Ukraine needs enhanced air defense and support from international partners.
Why I do these posts. This is three days of Joe My God that got away way from me. So why do I do these long news posts? Because I comb the Joe My God comment section for the best memes and snarkiest comments. It dawned on me I could post his news articles for those that want to read them. But three days is a lot to go throw and it is much easier just to quickly scan and snatch the comments rather than post them. So I need some inputs from everyone. Are these posts worth it? Or would you rather go to Joe My God yourselves. Or I can keep doing these. Up to you. Hugs
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tRumps Grifts / Scams / Ripping off the rubes / tRump’s ego / tRump’s Crimes / tRump’s health / Republican grifts & payouts for supporting tRump / other trump scammers
The Trump Golf Tracker estimates that the president’s golf trips have cost taxpayers some $110,600,000 so far in 2025. But that estimate, which was based on a 2019 Government Accountability Office (GAO) report on four golf trips during his first term, doesn’t even take into account the month of December.
The right wing media / the media arms of the GOP & Republican Party / The over the top thuggery and complete disrespect for common decency / Ask if you would like your child to act this way …. because maga does want their kids to be this crass as it makes them feel good / Kennedy Center debacle
The video was shared by Vice President JD Vance. FBI director Kash Patel said he is aware of the video and the FBI is investigating. The YouTuber says he is uncovering new fraud in Minnesota, but media outlets like KSTP reported more than a year ago about more than 62 investigations into Minnesota child care centers.
What this is really about is they are afraid Walz will run for office and win as he is so well liked. They are trying to gin up a fake scandal to Benghazi him like they did with Hillary Clinton. I posted yesterday how fake and full of lies / misinformation the “report” the YouTuber did was. In the article above this one you can see how the Republican Party had a hand in helping the right wing influencer to push a fake story. The state has been investigating these things for several years. Hugs
$175 billion for a “golden dome” that experts doubt would actually work, but only $2 billion in humanitarian aid for the United Nations. It’s what Jesus would want.
Space based weapons are forbidden by treaties that the US signed. That said do we have space based weapons … well I was sending commands somewhere for something when I was in the Army Sat coms / intel unit. You decide. Hugs
Maga hate fail / tRump lost in court / tRump supporters doing what they do not want you to know about / ICE lies / tRump’s DOJ / Misinformation / Trying to change history by spewing & omitting facts or what really happened
The emails, which were made public as part of a newly unsealed judicial order, largely reflected communications about the case that Robert E. McGuire, the acting U.S. attorney in Nashville, had with members of his staff and with Aakash Singh, a top official in Mr. Blanche’s office. They raised serious questions about whether the Justice Department had misled Judge Waverly D. Crenshaw Jr., who is overseeing the case, by telling him that local prosecutors had acted alone in charging Mr. Abrego Garcia.
Hate / Bigotry / DEI / White Supremacy / Christian Nationalism / US aid to only white countries or white dominated areas / US Healthcare / For Profit drug prices rip off the US public /
The civil probes are proceeding under the umbrella of the False Claims Act, which has traditionally been used to go after contractors who bill the government for work that was never performed or inflate the cost of services rendered.
The U.S. slashed its aid spending this year, and leading Western donors such as Germany also pared back assistance as they pivoted to increased defense spending, triggering a severe funding crunch for the United Nations.
U.N. data shows total U.S. humanitarian contributions to the U.N. fell to about $3.38 billion in 2025, equating to about 14.8% of the global sum. This was down sharply from $14.1 billion the prior year, and a peak of $17.2 billion in 2022.
The idea behind the legislation originated with the Alliance Defending Freedom, a conservative Christian legal advocacy group that has gained prominence for its work to incorporate religion in public spaces.
West last appeared here for his bill that would create a database of abortion patients.
In 2024, we heard from West for his bill to ban Pride flags at public schools and government buildings.
He appeared here in 2023 for his bill that would make it a felony to perform drag in the view of minors. His bill called for a $20,000 fine and up to two years in prison.
West first appeared here in 2021 when Gov. Kevin Stitt signed his bill making it legal to run over protesters.
The tweet below refers to West’s attempt to pass this same bill earlier this year.
tRump’s attack on Colorado because they won’t bow to the whim of the tyrant. His withholding money is illegal but no republican will stand up to the demented king.
One of the things that shocked me when I started following politics was how racist so many of the republican party members are and to be honest a few democrats as well. They finally drove Steve King out due to his over the top hate for black people and constant promotion of whites as the only salvation for the country. But I saw this in Reagan in the 1980s and it has gotten much worse. So many openly racist people are now in the US congress and they are not just men; at least one is a woman from the south who openly hates Black people. First let me be clear, I have heard the arguments made up by white supremacists with their false made up claims, but when I got the chance to work with people of a different skin tone I found two things. One was there was no difference between us in mental ability or the way we did our jobs, and second … Sorry but some of the nonwhite guys I knew were hot and made me horny as hell. Now having said that I of course respected everyone’s boundaries, and I won’t say if I had a few interesting 4 day passes with persons of a different skin tone than mine. But just say I did I can honestly report the melanin in their skin did not change their reactions or our pleasures on those passes … if they happened. OK, yes, they did and I loved it. So did they. But you get my point. The only difference between them and me at that age in that situation was our skin color and I saw how soft bigotry worked. Two young white guys going into a motel in South Carolina raised no eye browes, but when I went to that same hotel with a dark skinned companion, we had to show our military IDs, give my license plate information, and plenty of other things. That was my go to place because they had a nearby amusement park which we could pretend was what we were there for … not the hot sex happening in the hotel room. So even then racism was real in the 1980s and every time it happened I saw the person I was with shrink a bit more inside themselves. Something I understood as an abused child. We really need to do more to fight it. Hugs
The sealed order in the Abrego Garcia case that I wrote about in Sunday night’s “The Week Ahead” column was unsealed today. This is in the government’s hastily manufactured criminal case against him, which seemed, at the time, to be some sort of face-saving gesture after they were forced to return him to the U.S. from El Salvador, where he was incarcerated in CECOT prison.
The case is before Federal District Judge Waverly D. Crenshaw, Jr. in the Middle District of Tennessee. It turned out that my conjecture that the sealed motion might have something to do with Abrego Garcia’s motions to dismiss the prosecution because it’s vindictive was on target. As we know from our discussion of this type of motion in the context of the Virginia prosecution of Jim Comey, it’s difficult for a defendant to prove, and cases are only rarely dismissed on this basis. But the timeline here has always seemed to suggest it could be a serious possibility in this one.
In the newly unsealed motion, the Judge goes straight to the heart of the government’s contention that the local U.S. Attorney made the decision to indict, so it was not influenced by any alleged vindictiveness on the part of higher-ups in Washington, writing, “The central question after Abrego established a prima facie case of vindictiveness is what information in the government’s control sheds light on its new decision to prosecute Abrego, after removing him from the United States without criminal charges. These documents show that McGuire [the local U.S. Attorney] did not act alone and to the extent McGuire had input on the decision to prosecute, he shared it with Singh [a Lawyer in Deputy Attorney General Todd Blanche’s office] and others. … Specifically, the government’s documents may contradict its prior representations that the decision to prosecute was made locally and that there were no outside influences.”
This, needless to say, is not good news for the government. To understand just how bad it is, let’s review a bit of the case’s history:
In October, Judge Crenshaw found that Abrego Garcia had come forward with evidence to suggest that a reasonable person might believe the indictment was motivated by vindictiveness on the part of the government. When that happens, the government has to offer evidence that the prosecution was undertaken for legitimate reasons, for instance, that newly discovered evidence made a case previously rejected as weak strong enough to be indicted.
Judge Crenshaw granted Abrego Garcia’s request to conduct discovery on the issue and have an evidentiary hearing. But he noted that it was entirely possible that “no fire will be discovered under all the smoke.”
The indictment stems from a 2022 traffic stop that did not result in Abrego Garcia’s arrest, or even a traffic ticket. The case file at Homeland Security Investigations remained open, but no action was ever taken on it, and the case was closed shortly after he was deported.
Abrego Garcia was deported on March 15, 2025 (despite the existence of an order that prohibited it).
Abrego Garcia’s lawyers sued on March 24, 2025, and in less than two weeks, a district judge ordered his return to the U.S.
Both the Fourth Circuit and the U.S. Supreme Court sided with Abrego Garcia, holding the government responsible for “facilitating” his return. The Supreme Court ruled on April 10.
Just days after the Supreme Court’s decision, the investigation into the traffic stop was reopened by Homeland Security Investigations (HSI) under DHS Secretary Kristi Noem’s direction.
Ten days after that, an HSI agent reached out to the acting U.S. Attorney in Nashville.
The case was indicted on May 21, 2025, only 58 days after Abrego Garcia filed suit in Maryland seeking his return to the U.S.
As Judge Crenshaw noted back in October, “All of this stands in stark contrast to the 832 days the HSI investigation into Abrego remained pending, without referral to the U.S. Attorney’s Office in the Middle District of Tennessee for prosecution.” In other words, the case wasn’t even deemed significant enough to ask a prosecutor to take a look at it. It was only after Abrego Garcia’s lawsuit challenging the legality of his deportation—and the Supreme Court confirmation that he should be returned—that HSI seemed to take the case seriously. In the absence of any explanation from the government, the Judge correctly found these facts gave rise to a presumption of vindictiveness.
Sometimes, though, where there’s smoke, there is, in fact, fire.
The newly unsealed order relates to two motions filed by Abrego Garcia’s lawyers in the course of trying to obtain the discovery the court had ordered they were entitled to: one to compel the government to comply with some of the requests and one to obtain testimony from Deputy Attorney General Todd Blanche and some of the key people in his office. The government had submitted “over 3,000 documents” to the Judge for him to review privately, because the government maintained it wasn’t obligated to turn them over.
Judge Crenshaw has now ordered the government to “disclose to Abrego a sub-set of the over 3,000 documents that are relevant to the narrow issue of whether the government’s new decision to prosecute Abrego, after deciding not to do so, ‘was tainted by improper motivation’ arising from Abrego’s success in the Maryland civil case.” The government doesn’t have to turn over the remainder of the 3,000+ documents. The Judge asked for additional briefing on the government’s motion to prevent Blanche and his subordinates from testifying.
At the time the motion was filed, the government argued that the decision to prosecute was made by Acting U.S. Attorney Robert McGuire in Nashville, so it could not have been vindictiveness of the part of higher-ups in Washington. But as the Judge points out at length in this order, “at the time of Abrego’s arrest, Blanche linked Abrego’s criminal charges to his successful civil lawsuit in Maryland.” Blanche had “volunteered” in a television appearance that the government’s criminal investigation had started up after the judge in the civil case in Maryland accused the government of misconduct when it deported Abrego Garcia. So, Judge Crenshaw orders the government to provide the defendant with documents that “support Abrego’s argument. Specifically, some of the documents suggest not only that McGuire was not a solitary decision-maker, but he in fact reported to others in DOJ and the decision to prosecute Abrego may have been a joint decision, with others who may or may not have acted with an improper motivation.” If Abrego Garcia can use the discovery to successfully wipe out the government’s contention that the decision to indict wasn’t made in D.C., he may be on the road to getting his case dismissed.
Some of the documents the government must now turn over for the defense to use include:
An email from one of Blanche’s subordinates to the local U.S. Attorney that “made clear that Abrego’s criminal prosecution was a ‘top priority’ for the Deputy Attorney General’s office (Blanche).”
An email from the U.S. Attorney to his staff, advising them that “DAG (Blanche) and PDAG would like Garcia charged sooner rather than later.”
There is also an email from the Blanche subordinate to the local U.S. Attorney advising him that they should “‘close[ly] hold’ the draft indictment until the group ‘g[o]t clearance,’ to file.” The Judge comments that “The implication is that ‘clearance’ would come from the Office of the Deputy Attorney General, not just McGuire.”
These developments are all phrased in the polite language used in courts by judges and lawyers, but they are jaw dropping. The government represented to the court that the decision to prosecute Abrego Garcia was made locally, disconnected from his effort to enforce his constitutional rights and challenge his deportation. Their own emails appear to contradict that assertion. The government will still have the opportunity to come forward and explain away the presumption of vindictiveness. I’ve seen a number of cases during my 25 years at DOJ where a defendant argued vindictiveness. In every case, the government explained why the prosecution was legitimate, and in every case, it prevailed. I’ve never seen a case where the government made representations to a judge that were refuted by its own internal communications. It’s exceptionally unusual for prosecutors to have to take the witness stand to defend their own conduct. But Abrego Garcia’s case, which has been highly irregular from the start, may well be the one where that happens.
This is all about due process. Back in April, as Abrego Garcia’s situation was coming to light, Press Secretary Karoline Leavitt claimed that there was “a lot of evidence” Abrego Garcia was a convicted member of the gang MS-13, saying that “I saw it this morning.” We were supposed to take her word for it and leave Abrego Garcia to his fate of torture in a Salvadoran prison. That’s why the rule of law and due process matter. If it’s up to Trump, anyone can be swept up and swept away and have no recourse. Our ability to go to court to protect ourselves when the government gets it wrong is more and more important.
During his monumental filibuster earlier this year, New Jersey Senator Cory Booker said that this was our moral moment and that inaction was not enough. He asked: “Where does the Constitution live? On paper, or in our hearts?” Here at Civil Discourse, it lives in our hearts and stays on our minds.
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