The tragic saga of Kilmar Abrego-Garcia has become a defining moment for the Trump and America. He is trying to see how far he can go. Can he get away with sending people to a prison that he pays for in El Salvador? Can he get away with ignoring the Supreme Court? Can he get away with angering the public? We are watching a Constitutional crisis play out in real time—Trump has circumvented due process which is critical to American democracy. He has thumbed his nose at a unanimous Supreme Court ruling. In court, he is not claiming he is right, he is claiming that he can’t do anything because Abrego-Garcia is in a foreign country. Judges have noted that if Trump’s position were to hold then anyone could be disappeared. Do you really think that he would not jail a political enemy or a media leader or anyone who dissents? He’s already doing things just like that.
Abrego-Garcia’s story brings me back to Franz Kafka’s The Trial which begins, “Someone must have been telling lies about Joseph K., for one morning, without having done anything wrong, he was arrested.” He was arrested without having done anything wrong but it’s a nuanced story.