Judge James Boasberg announced that he has found probable cause to hold the Trump administration in criminal contempt for disobeying his order to halt deportation flights.
“The Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote in the opinion. “The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory.”
“One might nonetheless ask how this inquiry into compliance is able to proceed at all given that the Supreme Court vacated the TRO [temporary restraining order] after the events in question. That Court’s later determination that the TRO suffered from a legal defect, however, does not excuse the Government’s violation,” he wrote, adding, “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 gave the Trump administration until April 23 to “purge” its contempt.
“In the event that Defendants do not choose to purge their contempt, the Court will proceed to identify the individual(s) responsible for the contumacious conduct by determining whose ‘specific act or omission’ caused the noncompliance,” the opinion says.
The opinion follows the Supreme Court lifting the lower court’s injunction earlier this month, allowing deportations under the Alien Enemies Act to continue. The ruling emphasized that detainees must receive timely notice and an opportunity to challenge their removal in court.
