Topline
The Trump administration likely committed criminal contempt when it flew migrants to El Salvador despite a court ruling forbidding it, Judge James Boasberg ruled Wednesday, teeing up potential consequences for Trump officials and marking the first instance of a court finding the Trump administration defied its order.
Prisoners at maximum security penitentiary CECOT on April 4 in El Salvador.
Key Facts
Boasberg ruled there’s “probable cause” the Trump administration acted in contempt of court by carrying out flights to El Salvador, writing the government “demonstrate[d] a willful disregard” for his ruling and though the judge gave officials “ample opportunity to rectify or explain their actions,” “none of their responses has been satisfactory.”
No officials will be punished immediately as a result of Boasberg’s Wednesday ruling, as the judge said he’s first giving the government a chance to “purge” its contempt—likely by returning the migrants it deported—before moving forward with identifying who was responsible for defying his order and referring them for prosecution, if the Trump administration still doesn’t comply.
Boasberg ruled Wednesday on the issue of whether the Trump administration intentionally violated his previous order on March 15 barring the government from deporting any migrants under President Donald Trump’s executive order that invoked the Alien Enemies Act, with Boasberg ruling—first verbally during a hearing, and then in a written order hours later—the White House could not temporarily deport anyone under that order while he continued considering the issue.
The Trump administration deported more than 200 migrants to El Salvador on March 15 despite Boasberg’s order, maintaining it did not violate the court ruling because the flights had already left before his written order was issued—and while they didn’t land until after the judge’s ruling came out, the government believed Boasberg lost authority over the flights once they left U.S. airspace.
While the Supreme Court later threw out Boasberg’s ruling and said the Trump administration can deport people under the Alien Enemies Act, Boasberg argued that doesn’t stop him from holding officials in contempt for defying his order while it was still in effect, writing, “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 White House has not yet responded to a request for comment.
Crucial Quote
“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 wrote Wednesday. “To permit such officials to freely ‘annul the judgments of the courts of the United States’ would not just ‘destroy the rights acquired under those judgments’; it would make ‘a solemn mockery’ of ‘the constitution itself.’”
Which Trump Officials Could Be Punished For Contempt?
It’s unclear. Attorneys for the Justice Department previously told Boasberg during a hearing they didn’t know who made the ultimate call that the flights should proceed to El Salvador on March 15 and not be turned around in response to the judge’s ruling. Boasberg suggested at the time he could hold hearings or order the government to submit sworn declarations by officials in an effort to figure out who should be punished.
How Would A Prosecution For Criminal Contempt Work?
If the Trump administration doesn’t try to purge Boasberg’s allegations of criminal contempt, the judge can order a prosecution against the officials who defied his order. Since it’s unlikely Trump’s DOJ would agree to prosecute its own officials, federal law allows Boasberg to appoint an outside prosecutor to conduct the prosecution and move forward with the criminal charges. Trump could likely ultimately pardon any officials who were found guilty of criminal contempt, however, legal experts previously told Forbes.
What Punishments Could Trump Officials Face?
Criminal contempt is typically punishable by a fine and/or prison time—though Trump could likely get those punishments erased by pardoning any officials who are sentenced.
This story is breaking and will be updated.
