'Trying to nail Jell‑O to a wall': Judge rebukes DOJ over 'illogical' timeline

07 July

U.S. Attorney General Pam Bondi looks on during a swearing-in ceremony of Special Envoy Steve Witkoff in the Oval Office at the White House in Washington, D.C., U.S., May 6, 2025.

A federal judge sharply rebuked the Department of Justice (DoJ) on Monday, labeling its explanations as “illogical” during a grueling hours-long session. The judge pressed officials for clarity over the handling of Kilmar Abrego Garcia — a Maryland man who, after being mistakenly deported to El Salvador last month, was indicted on smuggling charges even as the Trump administration claimed it had no authority to secure his return.

U.S. District Judge Paula Xinis drilled into the timeline and grilled the DOJ attorney.

“How could you, six days later, tell me you had no power to produce him when you’d already secured an indictment against him? How could you secure an indictment against someone you had no power to produce? It’s illogical," she said.

Bridget O’Hickey, the DOJ attorney making her debut in the courtroom Monday, defended the administration’s stance, saying it was still negotiating with El Salvador.

She also appeared to contradict previous testimony regarding when the criminal probe began — initially claiming it started April 28, over a month after the deportation — before conceding her uncertainty under the judge's questioning.

“I’m unfamiliar with the timeline, your honor," she said.

Abrego Garcia’s legal team accused the DOJ of constructing a criminal case as a face-saving measure to obey the court’s order returning him to U.S. soil. For weeks, administration officials — including President Donald Trump — asserted that Abrego Garcia would not be removed from El Salvador’s notorious CECOT prison.

Then in April, Judge Xinis ordered his return and the Supreme Court quickly reinforced that directive.

The judge expressed sharp dissatisfaction Monday with the DOJ's failure to provide specific details about what would occur if Abrego Garcia were released next week.

She suggested ordering the Department of Homeland Security to produce an official by Thursday who can explain the procedure for sending Abrego Garcia to a third country — including whether a destination has even been chosen.

“It’s like trying to nail Jell‑O to a wall trying to figure out what’s going to happen next week," she said.

AlterNet reached out to the DOJ for comment.

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