Judge warns "probable cause exists" to hold Trump in contempt over deportation flights
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U.S. District Judge James Boasberg in Washington, D.C. in March 2023. Photo: Valerie Plesch/Bloomberg via Getty Images
A federal judge said Wednesday that he has found probable cause to hold the Trump administration in contempt for defying his order to halt deportation flights of alleged Venezuelan gang members to El Salvador.
Why it matters: The Trump administration's defiance of U.S. District Judge James Boasberg's order last month has sparked a high-stakes legal battle that could test the limits of President Trump's deportation powers.
- It has also proven to be a political lightning rod, with both administration officials and Democratic lawmakers visiting the infamous El Salvadoran mega-prison where the migrants are being sent.
The big picture: The Trump administration's decision to proceed with the deportation flights displayed a "willful disregard" for the order, Boasberg wrote in a ruling Wednesday.
- The administration has defended its decision to follow through with the deportations under the Alien Enemies Act of 1789, arguing the planes were already in international waters at the time and the ruling did not apply.
- This reasoning, Boasberg noted, "requires ignoring the clear context in which the Order was issued."
Zoom in: Boasberg wrote that the Trump administration had been given "ample opportunity to rectify or explain their actions. None of their responses has been satisfactory."
- "Probable cause exists to find the Government in criminal contempt," he added.
The other side: White House communications director Steven Cheung wrote on X Wednesday that the Trump administration plans "to seek immediate appellate relief."
- "The President is 100% committed to ensuring that terrorists and criminal illegal migrants are no longer a threat to Americans and their communities across the country," Cheung added.
Zoom out: Last month, Trump invoked an 18th-century wartime authority to justify the deportation of some 250 Venezuelan migrants it accused of being members of the Tren de Aragua gang.
- The migrants were subsequently transferred to El Salvador's Center for Terrorism Confinement (CECOT), where Boasberg has warned they are likely to suffer "significant harm."
- Meanwhile, Republicans have targeted Boasberg for impeachment for attempting to block the deportations.
What we're watching: Boasberg said he would allow the court to attempt to rectify its violation voluntarily. If they fail to do so, the court will try to determine which officials are responsible for the order's violation.
- The court would then request the Justice Department to prosecute the responsible individuals.
- If the administration "declines" to do so, "the Court will 'appoint another attorney to prosecute the contempt,'" Boasberg added.
Editor's note: This is a developing story. Please check back for updates.
