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Judges call out ‘deafening silence’ in Trump’s bid to avoid facilitating return of migrant

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Judges call out ‘deafening silence’ in Trump’s bid to avoid facilitating return of migrant

Is yet another wrongful deportation case on its way to the Supreme Court? It could be, after a divided appellate panel on Monday rejected the Trump administration’s bid to lift an order to “facilitate” a man’s return from El Salvador. This isn’t the still-unresolved case of Kilmar Abrego Garcia but yet another case where a judge has ordered the government to rectify a wrongful removal.

Monday’s ruling from the U.S. Court of Appeals for the 4th Circuit came in the case of a Venezuelan national identified by the pseudonym “Cristian” in court papers.

U.S. District Judge Stephanie Gallagher ordered the facilitation of his return so that his asylum application can be decided here. Cristian was part of a class action lawsuitfrom 2019 brought by people who came to the U.S. as unaccompanied minors and later sought asylum. They wanted their applications to be decided while they remained in the U.S. There was a settlementin the case, but the government still sent Cristian to El Salvador with scores of others in March, before his application was decided.

His Lawyers Said He is Being Held in Center for Confinement of Terrorism (CECOT), The Notorious Salvadoran Prison”https://www.pbs.org/newshour/show/the-conditions-inside-the-infamous-el-salvador-prison-where-deported-migrants-are-held” target=”_blank”>known for human rights violations.

The Trump administration asked the 4th Circuit to lift Gallagher’s order while its appeal is pending. A three-judge panel declined to do thatsplitting 2-1 with a Trump appointee dissenting.

The government cited Trump’s invocation of the Alien Enemies Act to deport alleged Venezuelan gang members. Administration lawyers argued that Trump’s invocation of the 1798 act meant it didn’t have to wait for a decision on Cristian’s asylum application to remove him. They argued that facilitating his return would cause the government “irreparable harm” because it would undermine Trump’s authority under the wartime act.

But the appellate panel majority said that argument ignores the Supreme Court’s ruling in Abrego Garcia’s case, which approved another judge’s order requiring the facilitation of his return.

The government also tried to show that Cristian would lose his asylum claim anyway, citing an “Indicative Asylum Decision.” The 4th Circuit majority noted that the decision was made five days after Gallagher ordered the government to facilitate Cristian’s return; his lawyers called it a “litigation-driven” document and a “contrivance” that was “created just for this case.” The panel majority said the government “has no response to this charge — a deafening silence.”

In the 4th Circuit majority were Judges DeAndrea Gist Benjamin, a Biden appointee, and Roger Gregory, who was nominated by both Bill Clinton and George W. Bush. The trial judge in this case, Gallagher, was appointed by Trump after her nomination by Barack Obama expired. Her nomination was supportedby Sen. Chris Van Hollen, D-Md., who famously visitedAbrego Garcia in El Salvador.

In his own separate opinion Monday, Gregory took aim at Trump’s Alien Enemies Act invocation. He wrote that “the government’s argument in this case is that this plainly invalid invocation of the Act can be used to void any and all contractual obligations of the federal government. That cannot be — and is not — the rule of law.”

Gregory joined a growing chorus of judges around the country who have almost uniformly deemed Trump’s invocation invalid. While the Supreme Court on Friday extended a block on carrying out deportations under the act, the justices haven’t yet decided the underlying legality of Trump’s invocation. Though Monday’s 4th Circuit ruling wasn’t directly about whether the invocation is legal, Gregory’s opinion bolsters the already-lopsided it’s illegal camp.

Dissenting from the 4th Circuit panel on Monday was Judge Julius Richardson. The Trump appointee wrote, “Many options may be available to district courts seeking to craft appropriate relief in response to deportations they find unlawful. But directing diplomatic negotiations to the Executive Branch is not among them.” If the administration presses this case further to the Supreme Court, it wouldn’t be surprising to see this language in the government’s application to the justices seeking emergency relief.

Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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The Dictatorship

Trump White House Is Releasing Video Mixes Of Iran War Footage With Video Games And Action Movies

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Trump White House Is Releasing Video Mixes Of Iran War Footage With Video Games And Action Movies

Peaceful and violent, in video game screenshots and movie clips and on professional playing fields, the icons come fast and furious in quick-cut footage — some of the most renowned slivers of 21st-century American popular culture, harnessed by the Trump administration to promote the freshly launched war with Iran.

The White House’s social media feed has issued a series of pumped-up videos that mix real Iran was explosions with movie action heroes, gaming footage and bone-crunching football tackles, leading critics like a top cleric of the U.S. Catholic Church to condemn a trivialization of deadly real-life conflict.

Clips from “Braveheart,” “Superman,” “Top Gun,” “Breaking Bad,” and “Iron Man.” All appear cut between declassified imagery of what is presumably the Iran war. Even the cartoon likeness of SpongeBob SquarePants is spliced in, asking, “You wanna see me do it again?” in between images of buildings, planes and vehicles blown up by American bombs. The caption on one bomb-heavy post: “Courtesy of the Red, White and Blue” — the title of a post-9/11 Toby Keith song about war that is subtitled “The Angry American.”

People wait in line for theater presentations for video games including Batman, Mortal Kombat X and Shadow of Mordor at the WB Games booth at the Electronic Entertainment Expo, Wednesday, June 11, 2014, in Los Angeles. (AP Photo/Jae C. Hong, File)

People wait in line for theater presentations for video games including Batman, Mortal Kombat X and Shadow of Mordor at the WB Games booth at the Electronic Entertainment Expo, Wednesday, June 11, 2014, in Los Angeles. (AP Photo/Jae C. Hong, File)

The fiction-meets-reality product of the White House’s aggressive social media team cuts a wide swath through cultural touchstones that resonate with young men, including the video games Call of Duty, Grand Theft Auto, Mortal Kombat and Halo. Two videos feature NFL and college football tackles and Major League Baseball home runs — with the cracks of bats interspersed with explosions.

They’re set to ominous or aggressive music, including Childish Gambino’s “Bonfire,” Miami XO’s “Bazooka” and AC/DC’s “Thunderstruck.” One of the White House postings described the video as “JUSTICE THE AMERICAN WAY,” accompanied by flag and fire emojis.

It’s hard not to see the thinking here: The more cinematic the content, the more people might support the war.

Two actors call for their depictions to be removed from videos

The sounds and images of American popular culture, a sure attention-getter in many contexts, have increasingly been used in politics in recent decades, at least as far back as Bill Clinton’s use of Fleetwood Mac’s “Don’t Stop” during his 1992 presidential campaign. Never, though, has a White House built and disseminated content quite like this, drawing explicit parallels between the aggressive moments of modern entertainment — a video game kill shot, a hard football hit, a towering home run — and battle footage to amplify the enthusiasm for war.

What’s happening with the White House videos, which some call the “gamification” of war, hasn’t landed well in some quarters.

Ben Stiller accepts the awards for best comedy for

Ben Stiller accepts the awards for best comedy for “Tropic Thunder” at the 14th Annual Critics’ Choice Awards, Thursday Jan. 8, 2009, in Santa Monica, Calif. (AP Photo/Chris Pizzello, File)

Two actors whose work appeared in the videos — Ben Stiller, who starred in the 2008 movie “Tropic Thunder,” and Steve Downes, who portrays Master Chief, the protagonist in Halo — said the material was used without permission and called for their depictions to be removed.

Stiller said on X that he had “no interest in being part of your propaganda machine. War is not a movie.” Downes called the videos “disgusting and juvenile war porn.” Neither the NFL nor Major League Baseball would comment on the use of their footage in the war videos.

The discussion reached a high level in the U.S. Catholic Church as well. Cardinal Blase J. Cupich, the archbishop of Chicago, said he found it sickening to see a war that has brought real death and suffering being treated like a video game. That approach, he said, dishonors the people who have died, including U.S. servicemen.

Archbishop of Chicago, Cardinal Blase Cupich, answers a journalist's question during an interview with The Associated Press, in front of St. Bartholomew church, in Rome, Thursday, Oct. 9, 2025. (AP Photo/Gregorio Borgia, File)

Archbishop of Chicago, Cardinal Blase Cupich, answers a journalist’s question during an interview with The Associated Press, in front of St. Bartholomew church, in Rome, Thursday, Oct. 9, 2025. (AP Photo/Gregorio Borgia, File)

“Our government is treating the suffering of the Iranian people as a backdrop for our own entertainment, as if it’s just another piece of content to be swiped through while we’re waiting in line at the grocery store,” Cupich said in a weekend statement. “But, in the end, we lose our humanity when we are thrilled by the destructive power of our military.”

Asked for comment, the White House would not say whether or not it would accommodate artists who said their work was used without permission.

“America’s heroic warfighters are meeting or surpassing all of their goals under Operation Epic Fury,” said White House spokeswoman Anna Kelly. “The legacy media wants us to apologize for highlighting the United States Military’s incredible success, but the White House will continue showcasing the many examples of Iran’s ballistic missiles, production facilities, and dreams of owning a nuclear weapon being destroyed in real time.”

It’s not the first time this White House has trotted out game-related memes. Last year, it posted a drawing of Trump dressed as Master Chief. In another, it made Trump look like a blocky Minecraft character with the caption: “America’s most pro-gamer president.”

Every war has a psychological dimension, and this seems to be part of it, said Zia Haque, director of the Baker Institute for Peace and Conflict Studies at Juniata College in Pennsylvania. “We live in a digital age, and I see this as a use of the space to propagate the message across the board,” he said.

A motivation to be cool?

Some observers also cast the administration’s content as potential efforts to encourage gamers to join the military. It wouldn’t be a first: The Pentagon’s efforts to recruit players date to at least 2002, with the release of a first-person shooter called America’s Army. The Defense Department also sends recruiters to video game conventions and esports tournaments.

Today, many of Trump’s loudest fans are young white men who are gamers and heavy consumers of sports and popular culture — and thus likely a receptive audience for such imagery and music.

Many young men are motivated to join the military because they want to be cool like the people they see in action movies, said Ray Deptula, who recently retired from the U.S. Navy after 24 years and rose to the rank of commander. That’s what motivated him, he said. So he can see the appeal of the videos.

Gamers play

Gamers play “Halo Wars 2″ at the Xbox Media Showcase at E3 2016, Monday, June 13, 2016, in Los Angeles. (Photo by Casey Rodgers/Invision for Microsoft/AP Images, File)

But, he says, there’s a caveat — a big one.

“That’s not what your life is going to be like,” said Deptula, who recently wrote a novel, “A Dog Before a Soldier,” about a young man who joined the military out of desperation during the Revolutionary War. “Your life is going to be about hard work and humility.”

But Jeff Fromm, co-author of “Marketing to Gen Z,” has doubts about the videos’ long-term effectiveness.

Many young people in Generation Z are keenly interested in transparency and the values of organizations they are seeking to join, and Fromm questions whether the current administration rates highly in those areas.

Sometimes the overlap between real life and game culture is accidental. Last week, Trump posted on Truth Social that defense contractors had agreed to “quadruple Production of the ‘Exquisite Class’ Weaponry.” Policy experts were puzzled — but Final Fantasy XIV players were reminded of the game’s most powerful weapons. Still, the president probably wasn’t calling for the game’s Exquisite Wrathgrinder to go into production.

___

Associated Press correspondents Matt Brown in Washington and Ali Swenson in New York contributed to this report.

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Airport lines grow longer — and Congress can’t even agree if DHS shutdown talks exist

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It’s been nearly a month since thousands of Department of Homeland Security employees were forced to begin working without pay, and the negotiations to overhaul and fund the department haven’t yielded any meaningful progress.

In fact, talks have moved so slowly that lawmakers are now publicly arguing over whether negotiations even exist.

Lengthening TSA lines, dwindling disaster aid funds and rejected proposals to fund portions of the department have forced lawmakers to acknowledge they’re nowhere close to a deal.

“If Democrats won’t sit down with us, it’s showing you who’s playing you right now,” Sen. Katie Britt, R-Ala., told reporters Tuesday. “They’re playing you.”

Britt said she’s sought meetings with Sen. Patty Murray, D-Wash., the top Democrat on the Appropriations Committee, and has been rebuffed.

Murray said she’s willing to negotiate, but President Donald Trump’s White House needs to acknowledge it has to change tactics at Immigration and Customs Enforcement, as Democrats seek requirements for agents to wear body cameras, remove masks and cooperate with state and local investigations, among other things.

“I am willing to talk to people, but I’m not willing to sit in a room, have coffee, give away a few things and have Stephen Miller override whatever we all agreed to in a room,” Murray said on the Senate floor Wednesday.

Murray sought agreement on the Senate floor to pass a bill to fund most of the department, excluding funds for ICE, Customs and Border Protection and the secretary’s office, which Britt objected to.

That leaves the TSA, Federal Emergency Management Agency, Coast Guard and other agencies running on fumes, as pressure builds on lawmakers.

FEMA was projected to have about $5.9 billion left in its Disaster Relief Fund at the end of February and $2.1 billion left at the end of this month, according to its latest report. Those funds were projected to run out before the end of April.

TSA wait times have varied widely as employees work without pay. On Wednesday afternoon, the Hartsfield-Jackson Atlanta International Airport posted TSA wait times of 40 minutes at its main terminal. But Dallas Fort Worth International Airport, another major hub, posted wait times between 0 and 10 minutes at its terminals. Meanwhile, over the weekend, wait times in Houston and New Orleans were as long as three hours.

The ouster of Kristi Noem as Homeland Security secretary, and the selection of Sen. Markwayne Mullin, R-Okla., as the new nominee, hasn’t won over Democrats. Senate Minority Leader Chuck Schumer, D-N.Y., said ICE needs to be overhauled legislatively, and not just a change in personnel.

“The president has fired Kristi Noem. Good riddance,” Schumer said last week when Mullin was named as the new nominee. “But the problems at this agency, at ICE, transcend any one person. The rot is deep.”

Sen. Thom Tillis, R-N.C., a Republican who helped push Noem out of her position — citing over-the-top mass deportations, mismanagement of disaster responses and her decision to kill her dog — said he’s not sure Mullin will change the negotiations over DHS funding.

He said he expects Mullin to “have a transformative impact on FEMA.” But Tillis said he still wants answers about ICE operations in North Carolina, which Noem didn’t answer.

“I just want to demonstrate that this mass deportation idea was a bad idea because it was quantity over quality — quality of really bad people that need to be incarcerated or deported, or hopefully deported and incarcerated in whatever country they came from,” Tillis told MS NOW Wednesday.

It’s been nearly two weeks since the White House last sent Democrats an offer in the ICE negotiations. Senate Majority Leader John Thune, R-S.D., told reporters Wednesday that Democrats still hadn’t responded to the latest GOP offer.

Thune said Republicans aren’t going to agree to a funding bill that cuts out money for ICE and CBP.

“You take away border security — I can’t imagine wanting to do that,” he said. “This bill needs to move together.”

The spat over funding other agencies only highlighted the chasm between the two parties on policy changes at ICE and CBP.

“We are not going to defund the police,” Britt said of Murray’s proposal to fund other agencies. “We are not going back to Biden’s open borders.”

Murray pushed back, contending it’s “absurd” to say Democrats are defunding the police. She noted that ICE and CBP received billions of dollars in last year’s Republican reconciliation bill — money that’s still available during the shutdown.

After the tense exchange on the Senate floor Wednesday, Sen. Brian Schatz, D-Hawaii, said it’s clear lawmakers have a long way to go.

“We are not that close,” Schatz said. “And so if everybody agrees on that, that we’re not that close, that it’s not like negotiations have shut down, but they’re a little stalled.”

Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor’s and master’s degrees from Arizona State University.

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Norway arrests 3 brothers in bombing at U.S. Embassy in Oslo

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Norway arrests 3 brothers in bombing at U.S. Embassy in Oslo

Three brothers were arrested Wednesday in a weekend bombing at the U.S. Embassy in Oslowhich Norwegian police are treating as a possible act of terrorism.

Authorities said the men, who have not been publicly identified, are Norwegian citizens “with a background from Iraq.” They are all in their 20s.

Officials earlier said Sunday’s explosion caused limited damage to the structure and no injuries. Prime Minister Jonas Store called the attack “very serious and completely unacceptable.”

Investigators said they have not determined a motive but had not ruled out terrorism.

“It’s natural to see this in the context of the current security situation and that this could be an ​attack deliberately targeting the U.S. Embassy,” Oslo police official Frode Larsen said shortly after the explosionreferring to the U.S.-Israel war with Iran.

U.S. embassies and consulates around the world, particularly in Gulf countries caught in the crossfire, have been on high alert since the war with Iranbegan Feb. 28. The U.S. ordered the departure of nonemergency government personnel and families from missions in Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, Iraq and Oman. Suspected Iranian drones struck the U.S. Embassy in Riyadh, Saudi Arabiaand the U.S. Consulate in Dubailast week. The U.S. Embassy in Baghdad was also targeted in a rocket attackSaturday.

Shortly after the bombing in Oslo, shots were fired at the exterior of the U.S. Consulate in Toronto, Canada, on Tuesday.

The State Department did not immediately respond to MS NOW’s request for comment on the Oslo arrests.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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