ICE official struggles to answer questions about Abrego Garcia’s potential deportation
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(NEW YORK) — A top ICE official struggled to answer questions about Kilmar Abrego Garcia’s potential deportation during an evidentiary hearing on Thursday, and admitted that someone else helped draft his sworn declaration submitted in the case.
John Cantu was called to testify about why the government is not planning to deport Abrego Garcia to Costa Rica and is instead preparing to remove him to the West African nation of Liberia.
When pressed by Abrego Garcia’s attorneys about the contents of the sealed declaration regarding the government’s communication with Costa Rica, their client’s preferred country of removal, Cantu said he did not understand parts of his declaration.
Abrego Garcia’s lawyers accuse the government of having “cycled through” four third-country destinations — Uganda, Eswatini, Ghana, and now Liberia — without providing “the notice, opportunity to be heard and individualized assessment that due process requires.”
After not being able to answer several questions from Abrego Garcia’s attorneys, Cantu said he received “verbiage” for his declaration from a State Department attorney.
“Sitting here today, you could not tell me whether anyone from the State Department has been in touch with Costa Rica since August 21, to determine whether communications have changed?” asked Sascha Rand, an attorney for Abrego Garcia.
“That’s right,” Cantu replied.
“Mr. Cantu, when you say Costa Rica is not an option for removal … where does that come from?” U.S. District Judge Paula Xinis interjected.
“Counsel,” Cantu said referring to the State Department attorney.
“The point has been made that this witness knows zero information about the content of the declaration,” Xinis said.
Cantu later admitted he had no involvement in Abrego Garcia’s case prior to November and said his only involvement was a “five minute Teams call” with the Department of State attorney.
Abrego Garcia, who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.
He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty. His criminal trial is scheduled to begin in January.
Abrego Garcia’s deportation is currently blocked by U.S. District Judge Paula Xinis pending the resolution of the habeas case challenging his removal. He is currently in a detention center in Pennsylvania.
His attorneys say the U.S. government has disregarded Abrego Garcia’s “statutory designation” of Costa Rica, despite the country’s previous assurances that it would accept him and give him refugee or resident status.
Members of the Department of Homeland Security, Federal Protective Service police provide security as Ryan Wesley Routh, the suspect in the apparent assassination attempt on Donald Trump, is brought before a judge at the federal courthouse for an initial appearance on September 16, 2024, in West Palm Beach, Florida. (Photo by Joe Raedle/Getty Images)
(WEST PALM BEACH, Fla.) — Ryan Routh, who is representing himself as he faces charges of trying to kill Donald Trump on his West Palm Beach golf course last year, rested his defense at his trial in Florida Monday.
Routh called three witnesses, two of whom testified about his character. He declined to testify in his own defense.
Closing arguments are scheduled for Tuesday morning.
Routh, who lacks any legal education or experience, began his defense with a meandering direct examination of a firearms expert who tested the weapon allegedly used for the assassination attempt.
Routh attempted to focus his questions on the low likelihood that his assassination attempt would be successful because of issues with his weapon and the location of his alleged sniper perch.
Michael McClay, a Marine Corps veteran and expert in sniper tactics, noted that the firearm — a Chinese-made variant of the AK-47 — would routinely misfire, that the rifle’s scope appeared to be secured with a combination of putty, tape, and glue, that Routh was poorly camouflaged, and that hitting a target from 300 yards away would be difficult.
“Is there any way you could put a chance of success rate?” Routh asked.
“With the severity and seriousness of this, I am not going to guess that,” McClay responded.
“I respect that,” Routh said.
Despite McClay testifying as a defense witness, he appeared to be confused by many of Routh’s questions and declined to answer at times.
“Did you suffer mental anguish from being shot at?” Routh asked McClay, a veteran who saw combat.
“I don’t wish to answer that,” McClay said.
The main thrust of Routh’s direct examination of McClay was Routh’s suggestion that the assassination attempt would have failed due to his own incompetence and his being a self-described “coward.” Prosecutors had argued that Routh planned his attempt for months and set up a sniper’s perch with body armor to ensure that he would be able to shoot Trump.
“If someone is not dedicated to their mission 100%, is an exit plan vital to those who are cowards?” he asked McClay.
“I don’t understand,” McClay said.
“In your experience in the military, does it take a special type of person to take another person’s life?” Routh asked, prompting Judge Aileen Cannon to cut off the question.
After Judge Cannon criticized Routh for the “tenor” and “clear impropriety” of the question, Routh unsuccessfully argued that the question demonstrates he would not follow through with the assassination attempt.
“This whole case revolves around intent and state of mind … whether someone has the capacity [to kill],” Routh argued.
Prosecutors briefly cross-examined McClay to highlight how the weapon’s misfiring could be attributed to testing done on the gun after the shooting. The FBI used acid to try to recover the gun’s serial number, which had been scratched off.
Because Routh called two witnesses who spoke about character, prosecutors said they may seek to elicit testimony about some of Routh’s other alleged bad acts, including his alleged calls to kill politicians, like Trump, as well as his neighbors in Hawaii; racially offensive statements he allegedly made; and statements prosecutors say he made about his assassination plans in which he allegedly said he was “not going to go down easy for law enforcement” and that he would “shoot first.”
“If the defendant is going to try to develop he is nonviolent, that information is relevant,” prosecutor John Shipley said.
Routh, in earlier court filings, broadly described his defense strategy as emphasizing his “gentleness, peacefulness, and nonviolent caring for humanity.”
Among the exhibits Routh planned to use were a design for a DIY skatepark, videos and photos showing him recruiting and fundraising for the Ukrainian military, a photo of a flash mob he organized, and a church bulletin from 1980 when he was awarded an Eagle Scout award.
At the conclusion of Routh’s defense, federal prosecutors suggested they might not present a rebuttal case but said they have not made a final decision.
Judge Cannon — who has repeatedly clashed with Routh over his unusual courtroom tactics — curtailed much of Routh’s defense by blocking many of his proposed witnesses, including an ex-girlfriend and several Palestinian scholars, and prohibiting him from arguing that his actions were justified or that he would not have followed through with the assassination attempt.
Routh’s unorthodox defense case follows seven days of testimony from 38 witnesses called by federal prosecutors seeking to prove Routh came within a few hundred yards of killing then-candidate Trump on Sept. 15. Jurors heard from the Secret Service agent who said he spotted Routh hiding in the bushes of Trump’s golf course with an assault rifle, the man who illegally sold the gun to Routh, and a series of law enforcement witnesses who tied Routh’s fingerprints and DNA to the gun abandoned at the crime scene.
FBI agents also testified that Trump would have been less than 130 feet from Routh had Routh not been spotted by a Secret Service agent. Routh’s rifle, they argued, can hit a target ten times that, and the shot could have been made without a scope.
Two brothers who worked with Routh also testified about receiving a box from him in April 2024 — five months before the alleged assassination attempt — that contained wires, pipes, and bullets. After Routh’s arrest, the brothers said they opened the box to find a 12-page letter that prosecutors argue amounts to a confession from Routh.
“This was an assassination attempt on Donald Trump, but I failed you. I tried my best and gave it all the gumption I could muster. It is up to you now to finish the job; and I will offer $150,000 to whomever can complete the job,” the handwritten letter said.
Routh has argued that the letter does not describe the alleged assassination attempt.
At the conclusion of the government’s case on Friday, Routh argued that prosecutors had failed to prove their case and that Judge Cannon, who previously oversaw and dismissed one of Trump’s criminal cases, should toss the case. Routh claimed that the area in the bushes where he was allegedly found was a public area where anyone could carry a gun.
“They maybe proved that someone was outside the fence with a gun, but the gun was never fired,” Routh argued.
Judge Cannon denied Routh’s motion, concluding that prosecutors have provided enough evidence to let the jury decide the case.
(FORT PIERCE, Fla.) — The notoriety surrounding the man who is accused of trying to kill Donald Trump on his golf course last year is affecting efforts to pick a jury in his criminal case.
One hundred and twenty potential jurors are in federal court in Fort Pierce, Florida, Tuesday for the second day of jury selection in the criminal trial of Ryan Routh, who is representing himself despite not being a lawyer and having limited legal experience.
At least one potential juror told U.S. District Judge Aileen Cannon that she could not be fair because of her affinity for Trump and her preexisting knowledge of the case.
“I am MAGA,” said the juror, who recalled seeing the news of the attempted assassination. “I feel it would be very hard to sway how I feel.”
The juror, an older woman who works in the insurance industry, is all but guaranteed to be removed from the pool of prospective jurors as each side questions the prospects to determine their fitness to serve.
As of Tuesday morning, 21 prospective jurors had signaled that they have scheduling issues or financial concerns that would merit their removal from consideration.
Judge Cannon — who oversaw and dismissed one of Trump’s criminal cases — said she hopes to have a jury finalized by Wednesday afternoon, with the trial expected to take approximately three weeks.
The jury selection process so far has gone slowly, with Routh requesting to ask potential jurors questions that Cannon deemed “politically charged” and irrelevant.
Among the questions Judge Cannon has barred Routh from asking are those involving jurors’ stance on Palestine, their opinion of Trump’s proposed acquisition of Greenland, and what they would do if they were driving and they saw a turtle in the middle of the road — which Routh said could speak to jurors’ character and mindset.
After a full day of jury selection on Monday, prosecutors successfully challenged twenty potential jurors due to concerns that they could not judge the case fairly, with Routh agreeing to all but one of the removals. Routh signaled he plans to challenge seven of the jurors.
Prosecutors allege that after planning his attack for months, Routh hid in the bushes of Trump’s Palm Beach golf course with a rifle in the predawn hours of Sept. 15.
With Trump just one hole away from Routh’s position, a Secret Service agent spotted a rifle poking out of the tree line and fired at him, causing him to flee, according to prosecutors. Routh was subsequently arrested after being stopped on a nearby interstate.
Routh has pleaded not guilty to five criminal charges that risk sending him to prison for life, including attempting to kill a presidential candidate and possession of a firearm in furtherance of a crime of violence.
ederal law enforcement officers stand guard at the Paul G. Rogers federal courthouse on September 16, 2024 in West Palm Beach, Florida. The courthouse is the site of the trial of Ryan Wesley Routh, a suspect in the attempted assassination of former President Donald J. Trump. (Photo by Miguel J. Rodriguez Carrillo/Anadolu via Getty Images)
(WEST PALM BEACH, Fla) — Jurors in the criminal trial of the man accused of trying to assassinate Donald Trump on his golf course last year got to see with their own eyes Friday how close Ryan Routh came to carrying out his alleged plan.
Routh, who is representing himself despite not being a lawyer or having a legal education, is on trial in Florida on charges that include the attempted assassination of a major presidential candidate.
Erin Casey, a media specialist with the FBI, use a trove of drone video, photographs, and laser imagery to create a “fly-through” video showing Routh’s alleged sniper post in relation to Trump’s location on the golf course.
“It’s like an animated camera in a Pixar movie,” she told the jurors, saying the video is a “tool to bring you back to the scene.”
FBI Special Agent Katherine Rose also showed the jury the rifle, ammunition, and items recovered from the crime scene.
“Shots fired — that’s all I heard,” said Mayes. “Without much information, I tried to figure out what was going on and where it was going on.”
As Routh appeared fixated on her testimony from across the room, Rose showed the jurors the SKS semiautomatic rifle that Routh allegedly used. The jurors saw his scope, the magazine he used, and the single bullet chambered in the rifle that prosecutors say was intended to kill the now-president.
“What do we have here?” asked prosecutor Maria Medetis Long.
“This would be the rifle recovered from the scene,” Rose said.
Rose also displayed the two bags that Routh allegedly attached to the fence of the golf course. Inside the spray-painted bags were two metal plates that prosecutors say Routh sought to use as armor to protect himself from incoming fire.
‘Blue, blue!’
Two other witnesses testified about the frantic response to the shooting.
Kenneth Mayes, a sergeant with the Palm Beach County Sheriff’s Office who was with a tactical unit positioned at Trump’s golf course on the day of the shooting, testified that local police used a different radio channel than the Secret Service, so his unit initially had no details about the incident.
Operating with little information, Mayes said he followed another officer’s car out of the course’s parking lot, though he later returned after realizing he was driving away from the incident. He said he decided to drive in the opposite direction, where he eventually came across the crime scene.
“When I arrived, there was one person there, and they had no information,” he said. “I went into the bushes to see what we were dealing with.”
He said he shouted “Blue, blue!” when he arrived to prevent others from mistaking him for Routh.
Lieutenant William Gale was also one of the first to arrive at the scene, though Routh had allegedly fled before he showed up. He told jurors that he was eventually able to locate Routh because a bystander, who testified Thursday, was able to identify Routh’s car and license plate number.
“He said he had some information about this incident,” Gale said. “He mentioned that the car was a black Nissan Xterra.”
Vienna-style sausages
Meanwhile, an unlikely object has taken center stage in the prosecution’s case: Vienna sausages.
Four different witnesses have so far mentioned the processed meat product during their testimony, and prosecutors encouraged jurors in their opening statement to see the sausages as a way to link Routh, 59, to the crime scene.
All four of those witnesses told the jury that they found an empty can of Vienna sausages near Routh’s alleged sniper perch, and that unconsumed sausages littered the crime scene.
During Rose’s testimony, the jury was able to see the empty can and lid that brought into the courtroom for them to examine.
“Could you tell what kind of items these were?” asked Medetis Long.
“Yes, I could,” answered Rose. “They appear to be Vienna-style sausages.”
In his opening statement, Assistant U.S. Attorney John Shipley said the sausages link Routh to the crime scene, pointing to a selfie Routh sent a romantic partner from his car that showed the same sausages in the background.
Prosecutors say that in the month leading up to the attempted assassination, Routh was living in his car at a nearby gas station while he was “obsessively researching the movements of Donald Trump online.” Shipley alleged that Routh lied to his family and friends about the trip to conceal its purpose, including sending his romantic partner a selfie inside his car to prove he was “camping.”
The Vienna sausages in that photograph, prosecutors say, is another piece of evidence that demonstrates Routh was the person who hid in the bushes of Trump’s golf course to try to kill the now-president.
A quick pace
While prosecutors originally estimated needing about three weeks to conclude their case against Routh, they signaled on Thursday that their case might conclude sooner than planned because of the quick pace of the first few witnesses’ testimony.
Jurors at the trial in Fort Pierce, Florida, heard from the Secret Service agent who confronted an armed Routh on the golf course before Routh fled, and a witness who identified Routh to police.
Prosecutors allege that Routh put together a methodical plan — including purchasing a military-grade weapon, researching Trump’s movements, and utilizing a dozen burner phones — to kill Trump based on political grievances.
Hiding in the bushes of Trump’s Palm Beach golf course and armed with a rifle, Routh allegedly came within a few hundred yards of the then-presidential nominee before a Secret Service agent spotted his rifle poking out of the tree line.
Routh allegedly fled the scene but was later arrested by a local sheriff’s office on a nearby interstate.
He faces five criminal charges, including attempted assassination of a major presidential candidate, using a firearm in furtherance of a crime, assaulting a federal officer, possessing a firearm as a felon, and using a gun with a defaced serial number.
Routh has been rebuked several times by Cannon after making unexpected and off-topic comments. During opening statements Thursday, Routh launched into a speech about the origin of the human species, global conflicts, and his political grievances, before the judge cut him off after about six minutes for making arguments that she said have “absolutely nothing to do with the evidence in this case.”
Prosecution plans to rest case
After flying through eight law enforcement witnesses on Friday, prosecutors said they plan to rest their case against Ryan Routh this coming Thursday.
The unexpected speed of the case is in part attributable to Routh’s approach to his defense; he has rarely objected to testimony and briefly cross examined some of the witnesses.
“Seems like we got nowhere. Thanks for your useful testimony,” Routh told one of the witnesses after his questions fell flat.
Prosecutors sped through four additional witnesses this afternoon. FBI Special Agent Jose Loureiro testified about the chain of custody for Routh’s car, and Special Agent David Gilbert told the jury about disarming Routh’s rifle.
Digital analyst Elizabeth Reidel testified about the trail camera that police found at Routh’s alleged sniper perch. According to Reidel, most of the video stored on the device was from August 2024 when Routh relocated to Florida to allegedly begin planning his assassination attempt. Jurors saw some wobbling footage that appeared to be taken from inside a bush, though prosecutors did not explicitly make clear if the footage was taken from Routh’s perch.
Special Agent Tristan Bailey also testified about the process of collecting DNA and fingerprint samples from Routh. During a brief cross examination, Routh appeared to praise her work while highlighting how she also took hair samples from him.
“You left the hair out. You pulled all my hair out, and it’s not in evidence,” Routh said. “I can attest we did a very good job.”
The trial is scheduled to resume on Monday at 9:00 a.m. after prosecutors ran out of additional witnesses to call today, earning themselves a rare rebuke from U.S. District Judge Aileen Cannon.
“I don’t want this to happen again,” she said to conclude the day.
