NEW: Justice Department lawyer defends herself after viral video on child migrant treatment
WASHINGTON — A Justice Department lawyer who argued in court that the federal government wasn’t legally required to provide soap and toothbrushes to detained migrant children in some conditions is defending herself after video of the exchange went viral, saying in a message to her friends that the U.S. “should do our very best to care for kids” while in custody.
“I think that many many people believe I was in court Tuesday arguing against providing certain hygiene items to kids,” Fabian writes, adding later: “I do not believe that’s the position I was representing.”In testimony last week before the Ninth Circuit Court of Appeals, Fabian argued that the requirement that the government provide “safe and sanitary” conditions for detained children didn’t necessarily require showers, soap or toothbrushes.
“I will say that I personally believe that we should do our very best to care for kids while they are in our custody, and I try to always represent that value in my work,” Fabian writes. “A vast majority of the work that I do is not public, but I strive to help people by my participation in the process.”
NBC News obtained a screenshot of the message from a person who is friends on Facebook with Fabian. Another Facebook friend who also saw the message confirmed its authenticity. Both spoke to NBC News on condition of anonymity.In the message, Fagan points out that she’s “not permitted to make any statements in any official capacity,” calling it a “just a message from me, your friend” and “not a press release.
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