WASHINGTON (AP) — A federal judge said on Wednesday that he has found probable cause to declare the Trump administration in criminal contempt of court for violating its orders to bring back planes carrying deportees to El Salvador.
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Judge James E. Boasberg stated that the administration must try to “purge” itself of a finding of contempt or he will hold hearings and potentially refer the matter for prosecution.
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“The Court does not reach such a conclusion lightly or hastily; in fact, it has given the Defendants ample opportunities to rectify or explain their actions. None of their responses have been satisfactory,” wrote the judge.
Battle between the judicial and executive branches
The Boasberg ruling marks an escalation in a battle between the judicial and executive branches of the government over the powers of a president to carry out key White House priorities. The Republican president has called for Boasberg’s removal while the Department of Justice has accused the judge of overstepping his authority.
Boasberg, who was nominated to the federal court by Democratic President Barack Obama, ordered the administration last month not to deport anyone under its custody under the Foreign Enemies Act. Trump invoked the 1798 wartime law for what he claimed was an invasion by the Venezuelan gang Tren de Aragua.
When Boasberg was informed that there were already planes in the air bound for El Salvador, which had agreed to house the deported migrants in a notorious prison, the judge ordered the aircraft to be turned back. However, hours later, the president of El Salvador, Nayib Bukele, announced that the deportees had arrived in his country. In a social media post, he said: “Oops... too late” in reference to an article about Boasberg’s order.
The Trump administration has argued that it did not violate any order, pointing out that the judge did not include the directive to turn around in his written order, and said that the planes had already left the United States when that order was issued.