U.S. District Judge James Boasberg suggested the administration acted in bad faith and didn’t comply with his order.
WASHINGTON—U.S. District Judge James Boasberg seemed inclined during a hearing on April 3 to find there was probable cause that President Donald Trump’s administration was in contempt of court by disobeying his order prohibiting deportations of suspected Venezuelan gang members under the Alien Enemies Act.
The Trump administration has said it didn’t violate two of Boasberg’s orders, which prohibited illegal immigrants from being deported under that particular law but allowed deportations under other authorities.
During the April 3 hearing, Boasberg seemed incredulous while asking Department of Justice (DOJ) Attorney Drew Ensign about his knowledge of deportations of suspected and confirmed foreign gang members on March 15. He also told Ensign it seemed likely that the administration didn’t follow his directions and acted in “bad faith.”
Toward the end of their exchange, Boasberg said he thought he could make a finding of probable cause and could do so without related information that the administration said was protected by a legal doctrine known as the state secrets privilege. Both Ensign and American Civil Liberties Union attorney Lee Gelernt, who represented the Venezuelan plaintiffs suing Trump, fielded questions from Boasberg about the best way to proceed if he did find probable cause.
A ruling is not expected until next week when the court will hear arguments over whether Boasberg should issue a firmer block—known as a preliminary injunction—on the administration’s activities. It’s unclear how Boasberg will proceed with potential contempt. He asked about the possibility of the administration submitting declarations or the court having a hearing on the issue.
The hearing was the latest in a series of tense confrontations between the Trump administration and a federal judge overseeing multiple cases against the government. Trump is currently seeking the Supreme Court’s intervention to halt Boasberg’s orders after the U.S. Court of Appeals for the D.C. Circuit rejected a similar request before three other judges.
The case—J.G.G., et al. v. Trump, et al.—has raised questions about where executive authority ends and judicial authority begins. Trump has called for Boasberg’s impeachment while the administration has more generally told appeals courts that the judge encroached on the president’s powers.
By Sam Dorman
