Judge Boasberg to launch contempt proceedings for Trump administration

[mahatmakanejeeves]

Source: Washington Post

Judge Boasberg to launch contempt proceedings for Trump administration
Federal judge will weigh whether the administration defied his order not to remove Venezuelan migrants from the country based on the wartime Alien Enemies Act

April 16, 2025 at 12:18 p.m. EDT


Soldiers stand guard as Secretary of Homeland Security Kristi L. Noem tours the Terrorist Confinement Center (CECOT) in Tecoluca, El Salvador, on March 26. (Alex Brandon/Pool/AFP/Getty Images)

By Marianne LeVine, Spencer S. Hsu and Salvador Rizzo

Chief U.S. District Judge James E. Boasberg of Washington, D.C., on Wednesday said he would launch proceedings to determine whether to hold Trump administration officials in criminal contempt for defying his order not to remove Venezuelan migrants from the country based on the wartime Alien Enemies Act.

Boasberg's order is the latest development in a broader showdown between the Trump administration and the federal judiciary, which has blocked or slowed many of the White House's far-reaching actions. The Supreme Court ruled this month that the plaintiffs filed their lawsuit in the wrong venue, taking the central legal issues of the case away from Boasberg.

Still, Boasberg moved forward with the contempt proceedings, saying that the Trump administration's actions on March 15, as the removal flights proceeded despite his order to the contrary, "demonstrate a willful disregard ... sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt." ... "The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions," Boasberg wrote in a 46-page opinion Wednesday. "None of their responses has been satisfactory."

Boasberg has pressed the Justice Department for weeks on why the administration deposited more than 130 Venezuelan deportees in a Salvadoran mega-prison without due process, hours after he ordered the administration not to do so and said any planes that had already taken off should be turned around and returned to the United States.

{snip}

This is a developing story. It will be updated.

Read more: https://www.washingtonpost.com/politics/2025/04/16/boasberg-trump-contempt-deportations-alien-enemies-planes/

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Hat tip, malaise, in GD about fifteen minutes ago.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.80.0_1.pdf

https://www.courtlistener.com/docket/69741724/jgg-v-trump/

[Owens]

1. There is no war!!

What is this bull?!!

[mahatmakanejeeves]

2. Judge Boasberg sets hearing today in J.G.G. v. TRUMP (Alien Enemies Act) at 5:00 p.m.

Big Cases Bot
‪@bigcases.bots.law‬

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New minute entry in J.G.G. v. TRUMP (Boasberg: Alien Enemies Act): MINUTE ORDER: The Court ORDERS that, in order to accommodate the parties' schedules, the hearing set for today at 4:00 p.m. is VACATED and RESET for 5:00 p.m. The hearing will…

[full entry below 👇]

View Full Case

#CL69741724
The entry's text: MINUTE ORDER: The Court ORDERS that, in order to accommodate the parties' schedules, the hearing set for today at 4:00 p.m. is VACATED and RESET for 5:00 p.m. The hearing will proceed in-person for the parties and by telephone for members of the public. Toll free number: 833-990-9400. Meeting ID: 049550816. Any use of the public-access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. So ORDERED by Chief Judge James E. Boasberg on 3/17/2025. (lcjeb1)
ALT
April 16, 2025 at 12:07 PM

https://bsky.app/profile/bigcases.bots.law/post/3lmwxx6s45l24

[BumRushDaShow]

3. Breaking all over!

[LetMyPeopleVote]

4. Boasberg says if administration won't prosecute potential contempt, he'll appoint a prosecutor who will

This will be fun to watch. I suspect that there are plenty of attorneys including some recently fired DOJ attorneys who will be happy to take this assignment.

Link to tweet

[LudwigPastorius]

8. I wonder if Jack Smith is looking for a gig?

[twodogsbarking]

5. I have to post this. Nothing else fits.

[MichMan]

6. Trump is going to jail

[Number9Dream]

7. Contempt of court - Put some folks behind bars immediately!

All of these federal judges need to put these Trumpers behind bars. The Trumpers are going to defy all supeonas, and other orders when there are no consequences.

[LudwigPastorius]

9. ...and Trump would immediately issue them a pardon.

[24601]

12. Yes he will, probably in advance of a trial. But here's what caught my eye on this case. The CNN story reported that

Judge Boasberg said that "probable cause exists" to find the Trump Administration in contempt.

https://www.cnn.com/2025/04/16/politics/boasberg-contempt-deportation-flights/index.html?iid=cnn_buildContentRecirc_end_recirc

Here are my understanding of the standards of evidence:

Stop and Frisk Reasonable Suspicion (Cop on the Street Judgment)
Search Warrant Probable Cause (Judge Determination)
Civil Finding Preponderance of the Evidence (Jury Finding of Fact)
Criminal Conviction Guilt Beyond a Reasonable Doubt (Jury Finding of Fact)

So even without a pardon, a conviction for criminal contempt isn't a given. Who do you try for contempt? The DOJ lawyer in court had no authority other than to pass on information. The Department of Justice wasn't taking the action. The Department of Homeland Security was doing the deportation. Proving the guilt (beyond a reasonable doubt) of a lawyer who had no control over the flight is a very steep hill. Proving the guilt of a DHS official who doesn't control air traffic is unlikely. Holding the FAA air traffic controller accountable isn't going to be viable.

All of that is in the context that the USSC said Judge Boasberg didn't have jurisdiction in the first place. No one gets punished.

[Bayard]

10. They will try to impeach the good judge

[LetMyPeopleVote]

11. The judge has found that there is probable cause to bring criminal contempt proceedings. Technically such proceedings w

The judge has found that there is probable cause to bring criminal contempt proceedings. Technically such proceedings will not take place until trump and the DOJ has a chance to purge the contempt by returning to the US the illegally transported detainees.

Link to tweet

There will not be a formal contempt trial until after the DOJ/trump has had a chance to purge the contempt