WASHINGTON, D.C. — A U.S. appeals court has overturned a lower court ruling that Trump administration officials could be held in criminal contempt over the handling of Venezuelan migrant deportations under the centuries-old Alien Enemies Act.
The case stems from a March order by Judge James Boasberg, of the U.S. District Court for the District of Columbia, blocking deportations of Venezuelan migrants and directing that planes already in flight be returned so detainees could receive due process.
The administration ignored the order and continued deportations, sending migrants to a prison in El Salvador. In April, Boasberg found probable cause for criminal contempt. The Justice Department appealed, and the U.S. Court of Appeals for the District of Columbia Circuit temporarily halted the proceedings while reviewing the matter.
On Friday, the appeals court issued a 2–1 decision vacating the contempt finding. Judges Gregory Katsas and Neomi Rao, both appointed by President Trump, ruled that Boasberg’s order improperly interfered with executive branch functions involving foreign policy and criminal enforcement.
“The order forces a coequal branch to choose between capitulating to an unlawful judicial order and subjecting its officials to a dubious prosecution,” Rao wrote for the majority.
In her dissent, Judge Cornelia Pillard, an Obama appointee, praised Boasberg for his “skill and wisdom” in managing the case despite impeachment calls from former President Trump and withering criticism from his supporters.
“Even when faced with what reasonably appeared to him to be foot-dragging, evasion, and outright disregard for his jurisdiction and orders, he responded with unfailing composure,” Pillard wrote.
“The majority does an exemplary judge a grave disservice by overstepping its bounds to upend his effort to vindicate the judicial authority that is our shared trust,” she added.
The Hill continues:
Boasberg entered the national limelight for being assigned the first lawsuit when Trump invoked the Alien Enemies Act in March to swiftly deport alleged Venezuelan gang members to a notorious Salvadoran megaprison.
At a hastily convened Saturday hearing that weekend, Boasberg ordered the administration turn around any airborne planes deporting migrants under the rarely invoked statute. The order was later wiped by the Supreme Court, but the judge has accused the administration of willfully disregarding it and still sought to hold officials responsible.
Boasberg is an Obama appointee.
The D.C. Circuit halted the contempt proceedings as it considered the administration’s appeal. It did so without explanation by issuing an “administrative stay,” which normally last for only a short period until the court can hear from the parties. But it had been in effect since April.
During that time, a Justice Department whistleblower, Erez Reuveni, alleged that Emil Bove — then serving as Principal Associate Deputy Attorney General (effectively the No. 3 official at DOJ) — suggested defying court orders concerning immigration enforcement. Specifically, during a March meeting, Bove allegedly said the department should consider telling the courts “f— you” and proceed with deportations under the Alien Enemies Act regardless of judicial prohibition.
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These judges in the lower courts need kicked out