Judge Launches Criminal Proceedings Against Trump Team

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Federal Judge James Boasberg has launched criminal contempt proceedings against the Trump administration after deportation flights to El Salvador continued despite a court order halting the removals.

Key Takeaways

  • Judge Boasberg found “probable cause” for criminal contempt charges after the administration allegedly ignored his order to stop deportation flights to El Salvador.
  • The White House justified the deportations using the 1798 Alien Enemies Act and plans to appeal the judge’s decision.
  • Over 200 Venezuelans accused of gang affiliations were deported to El Salvador as part of a $6 million agreement between the countries.
  • The administration has until April 23 to explain their actions and comply with the original order to avoid contempt charges.
  • President Trump criticized Judge Boasberg on social media, calling for his impeachment.

Constitutional Showdown Between Executive and Judicial Branches

The Trump administration faces a rare judicial rebuke as Federal Judge James Boasberg determined there is probable cause to hold government officials in criminal contempt for continuing deportation flights to El Salvador despite his explicit court order prohibiting such removals. The case centers on more than 200 Venezuelan nationals who were deported under the rarely-used Alien Enemies Act of 1798, which the Supreme Court recently ruled could be employed for deportations. However, Judge Boasberg emphasized that even with this Supreme Court ruling, the administration was not free to ignore his specific order halting these particular removals.

The White House has vigorously defended its actions, with Press Secretary Karoline Leavitt stating, “The administration did not ‘refuse to comply’ with a court order.” White House Communications Director Steven Cheung announced plans to “seek immediate appellate relief,” indicating the administration’s intention to challenge Boasberg’s decision in a higher court. This standoff represents a significant test of executive power limits and judicial authority to enforce compliance with court orders, even against the highest levels of government.

The Deportation Operation and Legal Implications

The controversy centers on the deportation of over 200 Venezuelan nationals to El Salvador, which occurred after Judge Boasberg had issued both a temporary restraining order and a 14-day halt on deportations. The judge had specifically ordered the government to return any migrants already deported and later issued a written order barring their removal. Despite these clear judicial directives, the flights continued, prompting Boasberg to characterize the administration’s actions as showing “willful disregard” for his orders.

“The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it,” wrote Boasberg.

El Salvador agreed to accept the deportees in exchange for $6 million, according to reports. President Trump has expressed interest in sending additional deportation flights after meeting with El Salvador’s President Nayib Bukele. The administration’s use of the 1798 Alien Enemies Act as justification for these deportations represents a novel approach to immigration enforcement that has drawn both praise from supporters concerned about border security and fierce criticism from those worried about judicial oversight and the rule of law.

Potential Consequences and Next Steps

If the administration fails to comply with Judge Boasberg’s demands by April 23, he may recommend criminal prosecution, though the process faces significant complications. Typically, the Department of Justice handles federal prosecutions, creating an unusual situation where the DOJ would potentially need to prosecute officials within the same administration. Alternatively, Boasberg could appoint a private attorney to prosecute the case if the DOJ declines, though this rarely-used approach would likely face substantial legal challenges.

“In my experience as a lawyer over the last 30 years, even the hint of being held in contempt by a judge is ordinarily enough in order to cause litigants to correct their behavior,” Epner said.

The judge particularly noted Secretary of State Marco Rubio’s social media activity, where Rubio retweeted El Salvador’s president writing “Oopsie… Too late 😂😂” above a headline about the court’s order to return deportees. Boasberg characterized this as mocking judicial authority. The case has significant implications for executive power, with the judge warning that allowing officials to “freely annul” court orders would make a “solemn mockery of the Constitution itself.” The administration maintains its deportation actions are justified by national security concerns and its commitment to removing “terrorists and criminal illegal migrants” who pose threats to American communities.

Sources:

  1. US judge says he could hold Trump administration in contempt of court
  2. Here’s what happens if Judge Boasberg holds Trump administration in contempt over El Salvador deportations – CBS News
  3. Judge Opens Criminal Contempt Proceedings Against Trump Officials | HuffPost Latest News

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