This Judge Is About to Start Contempt Proceedings Against the Trump Administration

How will this turn out?

Photo by Wesley Tingey on Unsplash

A federal judge appears to be escalating his conflict with the Trump administration over its policy of deporting Venezuelan illegal immigrants to an El Salvadoran prison.

Judge James Boasberg found probable cause that the White House acted in contempt of court when it refused to comply with his order to turn around two planes carrying alleged gang members to El Salvador, ABC News reported.

Boasberg last month ordered that the government turn around two flights carrying more than 200 alleged Tren de Aragua members to El Salvador after the Trump administration invoked the Alien Enemies Act -- a wartime authority used to deport noncitizens with little-to-no due process -- by arguing that the gang is a "hybrid criminal state" that is invading the United States.

Authorities failed to turn the flights around.

In his ruling, Judge Boasberg excoriated the Trump administration for failing to comply with his order. He contended that the White House acted in “willful disregard” of his order and exhibited conduct that warrants further contempt proceedings.

“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” the judge wrote.

The judge further argued that even if a higher court later overrules an order – as the Supreme Court recently did – the administration must still obey it until it is reversed. “It is a foundational legal precept that every judicial order ‘must be obeyed’—no matter how ‘erroneous’ it ‘may be’—until a court reverses it.”

“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,” Boasberg argued.

Boasberg stated that the White House’s legal justification for continuing with the deportations was evasive and unpersuasive. “None of their responses has been satisfactory,” he wrote, also stating that the executive branch’s actions “demonstrate a willful disregard for its Order.”

The administration stated that it had already flown the planes out before the judge’s order was posted. However, Boasberg countered by pointing out that it had defied the clear context and verbal instructions he had delivered earlier in the evening. “Defendants offer various imaginative arguments for why they nevertheless technically complied with the Order. None of their positions withstands scrutiny,” he concluded.

Now that Judge Boasberg has established probable cause, he will continue with contempt proceedings against the Trump administration. This means he will refer this case to a prosecutor, likely the US Attorney for the District of Columbia, who will decide whether to prosecute or decline.

If the prosecutor decides not to go through with the proceedings, Boasberg can appoint a special prosecutor to pursue a conviction. If the prosecution is successful, the court can impose sanctions, fines, or even imprisonment – although it isn’t likely to happen in this scenario.

But who would be targeted under this effort?

Obviously, a judge cannot hold the entire White House in contempt. But he could go after individual executives, such as Homeland Security Secretary Kristi Noem, Immigration and Customs Enforcement (ICE) leadership, or aides. In essence, he might go after any official who possessed the authority and responsibility to carry out his instructions to turn the planes around.

Given the attention on President Donald Trump’s immigration policies, this could be a high-profile case.