‘In the dark’: Ex-prosecutor reveals legal filing that could haul White House into court

Former federal prosecutor Joyce Vance wrote Thursday that a new filing from the lawyers of a Maryland father detained and sent to El Salvador could mean someone at the White House must testify.

Kilmar Ábrego García was sent to an El Salvador prison in error, according to a Justice Department attorney, despite another judge barring the move.

Writing on her Substack, Vance pointed to a new filing Thursday asking that the judge "permit them to depose representatives of the Departments of State and Homeland Security and of the Justice Department. And here’s the kicker—they also advised the Judge they might request permission to depose someone in the White House."

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Vance explained, "This request follows on the depositions the court originally authorized. The motion notes that 'Three of those four depositions have now taken place, and, as described below, Plaintiffs are still in the dark about the Government’s efforts to facilitate Abrego Garcia’s release from custody and return to the United States.' That statement in the motion is followed by a redacted block."

She posted a screen capture of a page with lines of blacked-out text. That goes on for three pages.

At the conclusion, Vance said there's a "cryptic" footnote that is not redacted, which reads: “In fact, as seems apparent from its public statements, this case also involves decision-making at the White House in addition to the three Departments. Accordingly, depending on the testimony obtained in any authorized Department depositions, Plaintiffs may need to seek additional testimony from an appropriately knowledgeable representative of the White House.”

It means that Ábrego García's lawyers are trying to find out who in the executive branch is trying to stop the White House from complying with the order from the Supreme Court, Vance said.

Last month, the high court ruled that the government must "facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7, 2025."

That deadline has come and gone.

Vance said that it's a key question and "ultimately, the courts may have to decide whether the government is in contempt."

Read her full comments here.