Federal

Contempt Charges Loom as Appeals Court Pauses Judge Boasberg’s Inquiry Into Trump Administration’s Defiance of Deportation Order

U.S. District Judge James Boasberg is at the center of a dramatic legal confrontation with the Trump administration, following his finding of probable cause that administration officials acted in criminal contempt of court by defying his order to halt deportation flights of alleged Venezuelan gang members to El Salvador.

On March 15, Judge Boasberg issued both oral and written orders blocking the Trump administration from deporting a group of Venezuelan migrants under the rarely used Alien Enemies Act, a wartime statute that allows for the rapid expulsion of non-citizens deemed dangerous. Currently, the United States is not at war. Despite the order, the administration proceeded with two flights carrying over 130 individuals to a notorious prison in El Salvador.

Boasberg’s opinion concluded that the administration’s actions demonstrated a “willful disregard” for the court’s authority. The judge noted the administration had ample opportunity to explain or rectify its conduct but failed to provide satisfactory responses.

Judge Boasberg stopped short of immediately holding any officials in contempt, instead giving the administration a chance to “purge” the contempt. This could be achieved by allowing the deported individuals to challenge their detention in U.S. courts—potentially without requiring their physical return to the United States—or by otherwise coming into compliance with the court’s order.

Should the administration fail to comply, Boasberg has indicated he will move forward with identifying the officials responsible, possibly requiring sworn declarations, depositions, or live testimony. If necessary, he could refer the matter for criminal prosecution, either by requesting the Justice Department to act or, if they decline, by appointing an independent attorney to pursue the case.

The Trump administration has resisted Boasberg’s actions, casting his threat of contempt proceedings as an overreach that exacerbates tensions between the executive and judicial branches. In filings to the D.C. Circuit Court of Appeals, the Justice Department argued that Boasberg’s order intrudes on core executive powers, particularly in the realm of foreign policy, and accused the judge of attempting to “grab” authority beyond his jurisdiction.

However, the U.S. constitutional system does not grant the president unfettered authority over foreign affairs. While the president is the primary actor in foreign policy, both Congress and the courts have recognized roles. 

The administration also disputes that it violated the court’s order, contending that the written order was entered after the flights had departed and suggesting that oral orders are not binding—a position Boasberg explicitly rejected in his ruling.

On April 18, a divided panel of the D.C. Circuit Court of Appeals temporarily paused Boasberg’s contempt inquiry, giving both sides deadlines to submit further arguments but not ruling on the merits of the case.

The government has until April 23 to respond to the court, with further replies due by April 25. If the administration fails to take action or name those responsible, Boasberg is prepared to advance the case further, potentially pursuing criminal contempt charges against top officials.

36 Comments

  1. What will it matter , Trump will continue to do as he pleases . So much for the rule of law , it appears it doesn’t apply to him .

    • Concerned American

      better to have murderes, traffickers, gangs, drug dealers, rapists etc walking our streets…what street do you live on?

      • Elle Dee Elle

        Nonsense. The problem isn’t deporting criminals. The problem is picking up individuals legally in the country who are not charged with any crimes, sending them to El Salvador with no due process, admitting they sent them in error, and refusing to get them back.

        Due process, as specified in the 4th, 5 Th, 6th, and 8 Th amendments, forms the basis of our legal system, and was a direct response to tyrants and monarchs.

        But due process applies to the accused – and even to the guilty (in the form of preventing cruel and unusual punishment).

        Our objection is that everyone deserves due process.

        And if they can lock an immigrant away, they can lock a political opponent, or any person, away.

    • let him put everyone in contempt… then trump can issue pardon for everything and contine to conduct his mandate

  2. Mad as hell

    and the judges who protect illegals should be imprisoned.

  3. bossberg needs to stay in his lane he’s far reaching liberal identity is going to cost him his bench .the Supreme Court sided with trump lower courts couldn’t over rule him. he had because his daughters gravy train at used is gone

    • the illegals shipped to El Salvador, not all were criminals. only about a third had any record in this country or others. Being an illegal does not warrant a life semtence with no recourse to show their innocents. Thats why the courts stop trump.

      • Elle Dee Elle

        But Garcia and many others were in the country legally, and had no criminal records. None.

        The fact that the administration sent them in errors, and admitted the error, yet won’t bring him back is something so far afield from our constitution’s due process even a MAGA person should recognize that fact.

    • maga moron asswipe,kill tourself

  4. boasberg Needs to Be Charged With TREASON ASAP & Put in GITMO for 3 Years AWAITING HIS TRIAL Just Like The DEMONCRAPS 😈 Did to the January 6’ers ..& Then Give him the Death Sentence ASAP 💥

  5. so bizarre how deporting criminal immigrants causes such an uproar towards an administration when previous administrations have done the same (democrats) with no qualms.

    • Winter Knight

      it wouldn’t matter if the guy was a baby r-aper mass murderer, who then ate the evidence. the dems seem to be putting thier whole strength behind ppl who are not the best of the world. they think anyone who crosses the border is a dr who will save a dying child. most of the ppl border jumping (multiple times for some) ar criminals, or poor ppl who won’t get a job in thoer country and want free stuff here. the old adage follow the money should be used as how are these ppl who make next to nothing, paying coyotes thousands to help cross the border, where did that money come from. put a tax on money going out of this country by wire transfer. unless it is backed by a court order

  6. This crazy judge activist is acting way beyond his authority. The Trump administration does not have to follow his insane orders whatsoever. The judge should be fired and have criminal charges brought against him.

    • Winter Knight

      if it were that simple. there should be a way for whomever is his boss to fire or limit his actions. who does his performance review? if a judge is continually overturned or shows an implicit bias against a person then who is taking the cases from him. since he is chief judge he has a say in what cases he gets so i think he is doing this on purpose. congress should act to limit federal district judges powers. thatbis why there is a tier system.

    • dumb ignorant maga asswipe,kill yourself

  7. Great! This is the most important issue facing our government at this time. It appears to me that it will decide the independence of the judiciary. It appears to me that it will decide the independence of the judiciary. And without the independence of the judiciary our system of checks and balances is broken.

    • Agreed. Trump or any of his administration have unbridled discretion to act above the U.S. Constitution which guarantees due process protections whether citizen or alien. The language in the Constitution is clear and concise and the language constitutes it’s plain meaning.

    • Winter Knight

      the judiciary is and will always be independent. what it will do is stop District judges from issuing nationwide injunction. it may stop judge shopping as that is what the aclu and other leftist orgs do to get an outcome they want. also, though I can’t prove it, I think there is leaks in the process that orgs use to get who is the next judge up. it seems that everytime a org files it just happens that a activist judge gets the case 90%of the time.

  8. Boasberg is not a judge but Marxist and Nazi
    beliver.
    Need to now to disbar this attention seeker
    f**k Garbage judge 😠😠😠

    my freedom of expression and speech

    • It’s an exercise in futility, Trump will ultimately win even if it takes pardons to do so. Boasberg is acting as a democrat not as an impartial officer of the court.

    • Winter Knight

      I agree he is power hungry. he has an axe to grind and I’m some cases should have refused himself as his family is part of a suit or is directly and financially dependent on the outcome.

    • your a total maga moron idiot asswipe, kill yourself

    • Elle Dee Elle

      Marxist’s are far left. Nazis are far right.

      Your credibility is in the toilet.

  9. Sandra Gouley

    Will they feel that way when they pick them up and sent them to prison
    With out any evidence they are guilty except for the stuff the say if they had evidence they would show it. You can keep applauding him while he’s taking are rights away from use. He is not above the the law any more than any one else we don’t live in a dictatorship like he wants.

  10. you have all stated that they are criminals!! however, to determine if that is correct they are entitled to their day in court!!

  11. Ta Mitchell

    The ignorance and stupidity of maga continues to amaze. A civics class should be required to graduate from HS.

  12. Boasberg is not a liberal, he understands the law., our Constitution protects all people in this Country. The man in question is not a criminal. This President is the worst. The majority of his Cabinet is unqualified to serve. The Senate should be shame of the danger they put our Country in. The head of the military is an idiot, he has right serving it this capacity.

  13. Winter Knight

    “Despite the order, the administration proceeded with two flights carrying over 130 individuals to a notorious prison in El Salvador.” this is factually incorrect and shows a bias of the writer. the flights had already taken off were in international airspace, 1 was in El Salvador airspace. the editor and writer should taken refresher courses on what is f a ct and fiction and on implicit bias

  14. it’s called check and balances. we didn’t elect a king we elected a president.

  15. Miriam Bennett

    Judge Boasberg is asking that the people in our government follow the rule of law. Every single one of us is in harms way if another human being can simply say we did something wrong and have us put in prison or killed before proving in court that we did commit the crime.
    In the case of the migrant workers we are told they have committed murder, rape, and are drug traffickers with no evidence. Once this precedent is set, none of us is safe from being convicted without due process of law.

  16. This is not a matter of gang members on the street and left on the streets.It is a matter of our right to do process and people only hear about gang members. this person has not really even been proven to be a gang member because he didn’t get due process. If you were picked up on the street for a murder and shipped out of the country without having been able to defend yourself in court ,when you in fact hadn’t committed this crime, would you be screaming where are my rights ? It is illegal to do what Trump did not because this person was or was not deserving of it, but because of the process they used to do it.

  17. I hope people criticizing judge boasberg. will be detained. denied due process. and disappeared by being dropped from helicopters into the atlantic ocean as was done in argentina and brazil. This is the justice system trump and bondi want to implement in the us. Hopefully. those of you criticizing boaasberg for standing up for the rule of law will be apprehended and disappeared for a parking ticket.

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