A US federal judge has said he has found probable cause to hold Donald Trump’s administration in criminal contempt of court.
The Trump administration’s violation of direct orders to turn around planes carrying deportees to El Salvador was ignored, US District Judge James E Boasberg said.
He’s now warned he could refer the matter for prosecution if the administration does not ‘purge’ its contempt by obeying his order.
‘The Constitution does not tolerate wilful disobedience of judicial orders – especially by officials of a co-ordinate branch who have sworn an oath to uphold it,’ Judge Boasberg wrote.
Judge Boasberg isn’t the only federal judge running into issues with getting the Trump administration to legally comply with their duty.
A judge presiding over the case of a Maryland man deported to El Salvador – without being given a hearing – has gained international attention.
Maryland District Court Judge Paula Xinis said she would also consider holding officials in contempt as they haven’t acted on her ruling to help facilitate Abrego Garcia’s return to the US.
‘I’ve gotten no real response and no real legal justification for not answering,’ Judge Xinis said.
Judge Boasberg has said the Trump administration could ‘purge’ their contempt by returning those sent to El Salvador prisons (in violation of his court order) back to the US, where they could challenge their deportation in court.
If the Justice Department declines to prosecute the matter, Judge Boasberg said he will appoint another attorney to prosecute the contempt.
It marks an escalation in a battle between the judicial and executive branches of government over a president’s powers to carry out key White House priorities.
The Republican president has called for Judge Boasberg’s impeachment while the Justice Department has accused the judge of overstepping his authority – which is vested in the Constitution.
Judge Boasberg, who was nominated to the federal bench by Democratic president Barack Obama, ordered the administration last month not to deport anyone in its custody under the Alien Enemies Act.
Trumpinvoked the 1798 wartime law over what he claimed was an invasion by the Venezuelan gang Tren de Aragua.
When Judge Boasberg was told there were already planes in the air heading to El Salvador, which has agreed to house deported migrants in a notorious prison, the judge said the aircraft needed to be returned to the United States.
But hours later, El Salvador’s president, Nayib Bukele, announced that the deportees had arrived in his country.
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In a cruel social media post, he said, ‘Oopsie…too late.’ above an article referencing Judge Boasberg’s order.
TheTrumpadministration has s iaid they did not violate any orders, noted the judge did not include the turnaround directive in his written order and said the planes had already left the US by the time that order came down.
The Supreme Court earlier this month said those facing deportation must be given a chance to fight their removals before they are deported.
The conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
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