Sen. Chris Van Hollen, D-Md., accused President Donald Trump on Sunday of sending the United States into a constitutional crisis, saying members of the Trump administration “are very much flouting the courts as we speak.”
Asked directly on NBC News’ “Meet the Press” whether the United States is in a constitutional crisis, Van Hollen said, “Yes, we are.”
Van Hollen recently returned from a trip to El Salvador, where he met with Kilmar Abrego Garcia, the Maryland man who the Trump administration admitted was mistakenly deported to El Salvador last month.
Abrego Garcia has become the center of a weekslong legal and political battle, with the government contending in court multiple times that he is now in the custody of El Salvador and that there’s nothing it can do to bring him back.
That is the argument members of the Trump administration are making in court filings and public statements, also alleging that Abrego Garcia is a member of the MS-13 gang. Abrego Garcia’s lawyers have insisted that he was never convicted of any crimes.
Meanwhile, Democrats like Van Hollen are citing due process concerns, arguing Abrego Garcia didn’t have a chance to dispute his deportation before he was removed to El Salvador.
So far, courts are siding with Democrats and Abrego Garcia’s legal team, with an appeals court Thursday rejecting a bid by the Trump administration to block an order that directed the government to facilitate Abrego Garcia’s return to the United States.
The 4th U.S. Circuit Court of Appeals ruled the Trump administration was trying to claim “a right to stash away residents of this country in foreign prisons without the semblance of due process.”
The court ruled days after the Supreme Court, in an unsigned decision, ordered the Trump administration to “facilitate” Abrego Garcia’s release from the Salvadoran prison and his return to the United States.
“Donald Trump and his administration need to put up or shut up in court,” Van Hollen told moderator Kristen Welker on Sunday, accusing members of the administration of “litigating this through social media.”
He cited a judge’s comments about the lack of evidence of Abrego Garcia’s ties to the MS-13 gang, saying: “If you have evidence, take it to the court. That’s where we litigate these things, and otherwise just shut up on social media.”
In an Easter message Sunday on Truth Social, Trump slammed "radical left lunatics" and "ineffective judges."
“Happy Easter to all," he wrote, "Including the Radical Left Lunatics who are fighting and scheming so hard to bring Murderers, Drug Lords, Dangerous Prisoners, the Mentally Insane, and well known MS-13 Gang Members and Wife Beaters, back into our Country. Happy Easter also to the WEAK and INEFFECTIVE Judges and Law Enforcement Officials who are allowing this sinister attack on our Nation to continue, an attack so violent that it will never be forgotten."
In a separate interview Sunday on CNN, Sen. Amy Klobuchar, D-Minn., also accused the Trump administration of defying court orders by not bringing Abrego Garcia back to the United States.
She called on judges to hold the administration in contempt of court.
"A court can actually appoint a prosecutor on their own, an outside prosecutor, because they have the power to hold people in contempt," Klobuchar said.
She also accused Trump and his administration officials of being "even more cynical than just flaunting the law."
"They have picked out this case and this man because it’s about a subject that they want to keep in the news, so it’s even more cynical than just flaunting the law. They’re doing it because they want to distract people from the fact that our economy is in a tailspin thanks to them," she said.
Later on "Meet the Press," Sen. John Kennedy, R-La., acknowledged that the Trump administration’s decision to deport Abrego Garcia was a “screw-up” but added that there’s not much the president can do now.
“I understand why the administration is bowed up and said, ‘We won’t admit it’s a mistake,’ because if they do, they’ll have their throats torn out,” Kennedy told Welker.
He also disagreed with Van Hollen's assertion that the Trump administration is ignoring court orders.
"I don't believe that President Trump will defy a federal judge's order. If he does, I'll call him out on it," Kennedy told Welker, adding: "I love the rule of law. I love it like the devil loves sin. I think if we start not following federal judicial orders, we undermine the system entirely."
Kennedy maintained that Abrego Garcia did have due process and added that he wasn’t sure what the courts could force Trump to do now to bring him back.
“What does he expect Trump to do?” Kennedy asked, referring to 4th Circuit Judge J. Harvie Wilkinson III.
“I mean, [Trump] brought [Salvadoran President Nayib] Bukele to America. President Bukele sat in the Oval Office in front of God and country and said, ‘I’m not sending this guy back.’ So I don’t know what Judge Wilkinson expects Trump to do,” Kennedy said.
In an interview on ABC's "This Week"that taped Friday and aired Sunday,Tom Homan, the Trump administration's “border czar,” defended the administration and claimed that it would need El Salvador's cooperation to bring Abrego Garcia back.
"He’s also in custody. He’s a citizen and national of the country, El Salvador. El Salvador would certainly have to cooperate in that," Homan said.
Van Hollen, who joined “Meet the Press” before Kennedy, maintained that Abrego Garcia had no due process before he was deported, arguing that it would create a slippery slope to allow the Trump administration to deny due process to Abrego Garcia.
“This is not about one man. If you deny the constitutional rights of one man, you threaten the constitutional rights for everybody,” he said.
Homan denied on ABC that the Trump administration hadn’t given Abrego Garcia due process.
"We have followed the Constitution. We have followed law. I am confident that everything we’ve done has followed laws within the constitutional constructs, absolutely," he said.
Asked what he and other Democrats could do to bring Abrego Garcia back, Van Hollen said he intends to keep pressure on Bukele, citing comments Attorney General Pam Bondi made last week, when she said it was in Bukele's power to release Abrego Garcia, not in the United States' power.
"If [Bukele] wanted to send him back, we would give him a plane ride back," Bondi told reporters.
Van Hollen said he told Bukele in El Salvador: "Just open the prison, let him walk out. And then Attorney General Bondi, she said, 'We'll send a plane.' So there are also pressures we can put on the government of El Salvador."
Van Hollen also floated the notion of using congressional power to deny the Trump administration the funding it needs to send detainees to El Salvador.
"The Trump administration is going to pay the government of El Salvador ... to take these prisoners, including the illegally abducted Abrego Garcia," he told Welker.
"I can tell you when they make that request to the Congress, and because those monies have to be appropriated, I don't think American taxpayers are going to want to spend one penny going to El Salvador to continue to hold somebody illegally and in violation of the United States Constitution," he added.
