Deportation flight judge cleared of DOJ misconduct claims
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James Boasberg in Washington, DC, on March 13, 2023. Photo: Valerie Plesch/Bloomberg via Getty Images
A federal appeals judge tossed the Justice Department's misconduct complaint against Judge James Boasberg, who said last spring the administration defied his order to halt deportation flights to El Salvador.
The big picture: The administration has attacked judges appointed by Democrats and Republicans alike. But this ruling shows the limits of the Justice Department's self-proclaimed "war" on judges who rule against the administration.
Driving the news: The DOJ alleged last summer that Boasberg raised concerns at a Judicial Conference session that the Trump administration would "disregard rulings" and trigger a "constitutional crisis."
- In his Dec. 19 order, Judge Jeffrey Sutton noted the department provided no evidence of Boasberg's comment, which was reported by conservative outlet The Federalist.
- Even if Boasberg made the statement, Sutton contended, it wouldn't constitute a conduct violation.
- The DOJ did not immediately respond to Axios' request for comment.
What he's saying: "A recycling of unadorned allegations with no reference to a source does not corroborate them," Sutton wrote.
- A judge voicing "anxiety about executive-branch compliance with judicial orders, whether rightly feared or not, is not so far afield from customary topics at these meetings," he noted.
- Sutton also rejected claims that Boasberg defied the Supreme Court, mistreated the DOJ or made other errors in handling the case.
Context: Boasberg drew the MAGA world's early ire after he issued an order blocking the deportations of alleged Tren de Aragua gang members under the Alien Enemies Act of 1798. Deportation flights continued anyway.
- The Supreme Court later green-lit the administration's use of the 18th century law to deport alleged Venezuelan gang members.
- But Boasberg found the Trump administration showed a "willful disregard" for his order. An appeals court stymied his threat to open contempt proceedings. In November, he said he'd restart the probe — but was again put on ice.
- Republicans have sought to impeach the D.C. district chief judge.
Go deeper: Trump DOJ's tension with judges explodes in Virginia court
