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Tipsheet

This Judge Just Can't Help Himself When It Comes to Trump

Diego M. Radzinschi/ALM via AP

It appears U.S. District Judge James Boasberg isn’t done with the issue of the Trump administration’s deportation flights earlier this year.

He is now trying to revive contempt proceedings against the White House.

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From Politico:

U.S. District Judge James Boasberg, whose initial contempt proceedings were stymied for seven months by the D.C. Circuit Court of Appeals, said he had the green light to resume after the appellate court lifted the hold on his case last week.

“Justice requires me to move promptly on this,” Boasberg said during a hearing on a lawsuit brought on behalf of men deported under President Donald Trump’s unprecedented peacetime invocation of the Alien Enemies Act. “I will be going forward with it.”

The move by Boasberg, the chief federal district court judge in Washington, reopens one of the most fraught chapters of Trump’s second term: the president’s extraordinary invocation of wartime powers to summarily deport 137 Venezuelans to a notorious anti-terrorism prison in El Salvador. Trump labeled the men members of Tren de Aragua, a violent transnational gang, which his administration labeled a terrorist organization.

Boasberg, who learned of the deportation flights while they were in progress on March 15, ordered the administration to halt the flights, finding that the administration likely violated the due process of the people on the planes, many of whom contested the claim that they belonged to Tren de Aragua.

Boasberg said he intends to receive testimony from former DOJ attorney Erez Reuveni, who was fired in April and has since accused his superiors of flouting court orders related to the deportation flights. He also said he wants to hear from Deputy Assistant Attorney General Drew Ensign, who represented the Justice Department during the March 15 proceedings and told Boasberg he wasn’t aware of any plans for deportation flights — even as the planes were in the air or about to take off.

“I certainly intend to find out what happened that day,” Boasberg said, “and the government can assist me to whatever degree it wishes.”

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Justice Department attorney Tiberius Davis pushed back against the move, arguing that it has no authority to continue contempt proceedings because the Supreme Court had set aside his ruling prohibiting the White House from transporting the deportees to El Salvador.

However, Boasberg disagreed, saying he appreciated “the fact that you disagree with six judges on the court of appeals.”

The initial conflict began when the Trump administration sent Venezuelan illegal immigrants accused of being gang members to El Salvador — even after Boasberg had ordered it to stop the flights.

Boasberg accused the White House of deliberately ignoring his order and acting in contempt of court. The White House argued that since the flights were already en route, it was too late to comply. 

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President Trump has criticized Boasberg on multiple occasions, calling for his impeachment. 

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