A divided panel of judges in the Court of Appeals of the DC Circuit has temporarily arrested an effort by the judge of the James Boasberg District Court to investigate more thoroughly if the Trump administration dedicated himself to criminal contempt by refusing to change two flights of alleged members of Venezuelan gang members who were sent to a noticeable prison in El Salvador last month.
In a 2-1 ruling, with the judge designated by Obama, Nina Pillard, dissident, the court gave temporary control of the determination of Boasberg, finding a probable cause that the administration committed a contempt of its oral and written decisions on March 15 to change the planes, while ordering more government revelations on which officials may have been directly involved.
However, the order does not govern in any way on the merits of Boasberg’s investigation, and simply gives the petitioners in the case a deadline of April 23 at 5 pm to present their response to the government. Then the government is required to present its own response at noon on April 25.
President Donald Trump in Washington, on April 14, 2025 and James Boasberg, main judge of the United States District Court for the Columbia district in Washington, on April 2, 2025.
AFP through Getty Images/Getty Images
In a ruling on Wednesday, Boasberg found a probable cause that the Trump administration acted in contempt of the court when it challenged its order to return deportation flights to the United States
As a remedy, Boasberg said the Trump administration must give each of the men eliminated under the law of enemies alien the right to challenge their detention through Hayeus procedures or face the possibility of a case of criminal contempt.
If the Administration did not act, Boasberg said that the identification process of who acted in contempt would begin through sworn statements, statements or live testimony. If necessary, Boasberg would request that a government lawyer process a case of criminal contempt or designate an independent lawyer to pursue the case.
The military personnel of the United States Escort, claimed that the members of the Venezuelan Gang Train of Aragua and the MS-13 gang deported recently by the United States government will be imprisoned in the Prison of CECOT, on April 12, 2025.
Secom/via Reuters
The Supreme Court, in a decision of 5-4 earlier this month, ruled that the Trump administration could resume deportations of alleged members of Venezuelan gangs under the alien enemies law, finally dislocating the initial order of Boasberg. But Boasberg concluded that, even if the order suffered from a “legal defect”, the Trump administration still challenges the order during the three weeks in which it was in force.
“The Constitution does not tolerate the deliberate disobedience of judicial orders, especially by the officials of a coordinated branch that has sworn an oath to defend it,” he wrote. “Allowing such officials to” freely annul the judgments of the United States courts “would not only destroy the rights acquired under those judgments”; it would make “a solemn mockery” of the “constitution itself.”
