Andy McCarthy Torches Trump Administration on Fox News Over High-Profile Deportation Case: ‘I Don’t Understand What AG Bondi Is Doing’

Fox News contributor and conservative legal commentator Andy McCarthy torched the Trump administration over its handling of the Kilmar Abrego Garcia case on Monday, warning that it may be using it to demonstrate its ability to flout court orders and the constitutional right to due process.

While the Trump administration has previously admitted that Abrego Garcia was erroneously deported to El Salvador, where he was at first held in notorious megaprison, it has so far done little to comply with the Supreme Court’s order that it facilitate his return.

McCarthy weighed in on the latest developments in the story during a segment on Fox Monday morning:

There’s no question that there was an order, he was not supposed to be sent. As Senator Kennedy said, that was a screw-up. In twenty years at the Justice Department, I had plenty of screw-ups, but the thing is when the government screws up, it’s supposed to fix it.  And what these guys are basically saying is “Yea, we screwed up. So what?” You know, try to do something about it.

The Supreme Court has basically told them to facilitate his return, but when you look at it closely, I think what they’re actually saying is facilitate his release. if he’s already been released by the government in El Salvador, there’s obviously not as much concern about his safety. And what we’re left with is you have a guy who is deportable, which means the only place it was illegal to send him was El Salvador. They’ve sent him to El Salvador, the government, if it was doing the right thing, the Trump administration, should be trying to bring him back so he can have whatever proceedings he is entitled to to challenge his deportation.

But he is deportable. And it’s always been true that if they could find a third country to send him to, they could have sent him there. And it has also always been true — and I don’t understand what Attorney General [Pam] Bondi is doing here, frankly — there’s a procedure in the law that allows the attorney general, even though this is six years ago, to reopen the withholding of removal order. She could make a finding that basically the conditions under which that order was imposed in 2019 have changed. As I understand it, the terrorist organiz-, or the gang that Abrego Garcia claimed to be afraid of, that he would be persecuted by when he went back, that’s been smashed by the government there. I could conceivably see her say, “You know, we’ve looked at this again, we’re going to undo the removal, the withholding of removal order because the conditions have changed.” And then if that were true, there’s at least an argument that as long as he’s not in custody over there, because he hasn’t been convicted of anything, there isn’t anything wrong with deporting him. But they have to follow these steps, that’s what the process is.

Anchor Dana Perino followed up by asking for some clarification: “What you’re suggesting is if they want an off-ramp, it exists in the law that they could find it?

“It always has, Dana. They don’t want off-ramps,” answered McCarthy ominously. “What I’m worried about is they actually want to use this as a demonstration that the court can’t control them. and they don’t have to honor due process. That’s the worrisome thing about this — there’s always been off-ramps.”

Before his appearance on Fox Monday, McCarthy has repeatedly bashed the administration over their arguments in the Abrego Garcia case, as well as taken to Fox to rebuke Vice President JD Vance over his arguments in a separate deportation case.

Watch above via Fox News.