WASHINGTON - The words of President Donald Trump and his administration members under the court hearing on Wednesday under the Foreign Enemy Act were not under constructive custody of the U.S.

At a hearing Wednesday night, U.S. Chief District Judge James Boasberg questioned whether the Justice Department attorney said to Trump that he could ensure the release of Abrego Garcia from the Cecot facility in El Salvador.

Boasberg used the president's own words, as well as comments from press secretary Karoline Levitt and Homeland Security Secretary Kristi Noem, to challenge the government's argument that El Salvador's incarcerated people in Cecot was not under constructive rule of the United States.

Constructive custody refers to the legal concept that they can be held as required by the government even if they are not detained in government detention centers.

Trump said last week that he “can” Garcia called back to the U.S., while Levitt said the U.S. was paying El Salvador “about $6 million” to keep the people, while Neum said Secote was “a tool in our toolkit” that the U.S. could use.

"Didn't the president tell the truth, or could he ensure the release of Mr. Abreg Garcia?" Boasberg asked Deputy Attorney General Abhishek Kambli, who represented the government on Wednesday.

Boasberg asked: "The president is telling the truth."

Kambli replied: “This is toward the president’s belief in the impact.

Under Boasberg's inquiry, Kambli said the March 22 "grant" was described as a law enforcement need related to 238 alleged Tren de Aragua members who were recently deported to El Salvador. Kambli confirmed that “a grant has been received” and “can be used to detain these people.”

Boasberg said the plaintiffs had “a lot of facts in your favor” and believed that the United States had what it called “constructive custody” that the Trump administration did not have in court, which they did not have. Boasberg asked Kambli if the government acknowledged that transferring individuals to Cecot without due process would mean that the government violated the rights of the deported persons.

“I don’t know if I would put it in these terms,” Cabli replied.

Boasberg has ordered the Trump administration to issue an oath to administration officials on the question of who accurately monitors CECOT.

Boasberg has ordered lawyers from the ACLU and Democratic Forward to file a lawsuit to review the information and decide by Monday whether to ask for the discovery of the information - if so, the exact questions, the exact questions, testimony and documents. After that, Boasberg will decide exactly what to order the government to produce when necessary.

The Supreme Court last month canceled Boasberg's order, which temporarily prevented the government from sending members of Tren de Aragua to El Salvador under the Foreign Enemy Act, but the Supreme Court did not make a decision on the merits of Trump's invocation of the bill. Last week, the Trump-appointed judge became the first to defeat the administration's use of the bill, which had been previously deployed in the 1812 War, World War I and World War II.

When the Trump administration announced they won the Supreme Court debate, Boasberg asked Cambli about the ruling and pointed out that the court has not yet met the advantage of the administration invoking the Foreign Enemy Act. Boasberg asks Kambli if he admits that the Supreme Court has not met the relevant argument Government use this Behavior In itself, Cambry admitted that the court “has not analyzed this exact issue.”

"I think that's for sure," Boasberg replied.