Judge James Boasberg stated on Wednesday that the Trump administration could face consequences if it violated his order. The order temporarily blocked the deportation of hundreds of Venezuelan migrants.
Boasberg gave the government more time to elaborate on the expulsions. He said the administration could invoke the state secrets doctrine. This doctrine protects sensitive national security information from disclosure in civil litigation. The administration could explain why it was doing so rather than provide details on deportation flights.
Boasberg signaled his skepticism that compliance with the order would jeopardize national security. He cited a post on X by Secretary of State Marco Rubio with details about the flights.
The judge’s order offered a temporary reprieve in an escalating dispute with Donald Trump’s administration. The Republican president called for Boasberg’s impeachment on Tuesday. Chief Justice John Roberts rebuked this call. Boasberg is trying to decide whether the administration violated his weekend order.
The order blocked the deportation of hundreds of alleged Venezuelan gang members under an 18th-century law. Boasberg previously served as a prosecutor. Republican President George W. Bush previously appointed him to a local Washington, D.C., court. The U.S. Senate confirmed him for the federal bench in 2011 by a 96-0 vote.
Following the order, three planes carrying deported Venezuelans landed in El Salvador. The migrants are currently held there.
Boasberg sought details on when the first two planes took off and landed. He clarified that the information would not be made public. In response, the Trump administration accused him of overstepping his authority.
“The pending questions are grave encroachments on core aspects of absolute and unreviewable Executive Branch authority,” the administration wrote in a Wednesday court filing.
Boasberg responded by extending the administration’s deadline.
He said he sought the information not as part of a “judicial fishing expedition,” as the Trump administration had asserted. He did this “to determine if the Government deliberately flouted its Orders … and, if so, what the consequences should be.” The judge did not elaborate on potential consequences.
TRUMP LABELS JUDGE A ‘TROUBLEMAKER’
Trump critics and some legal experts have expressed concern. They worry about a potentially looming constitutional crisis if his administration defies judicial decisions. Under the U.S. Constitution, the executive and the judiciary are co-equal branches of government.
Trump said in an interview on Fox News’ The Ingraham Angle that his administration would not defy any court orders. He stated that he was confident the Supreme Court would rule in his favor in the case over the deported Venezuelans.
But Trump has lashed out at Boasberg. Trump called for Boasberg’s impeachment in a social media post on Tuesday. He described the judge as a far-left “troublemaker and agitator”. This congressional process, while unlikely to be successful, could lead to removal.
Roberts rebuked Trump for his impeachment call. Roberts said an appeal, not impeachment, was the appropriate response when disagreeing with a judge’s decision.
In blocking the deportations for two weeks on Saturday, Boasberg said the 1798 Alien Enemies Act did not provide a basis for Trump’s assertion. Trump claimed Venezuelan gang Tren de Aragua’s presence in the United States was akin to an act of war.
In a court hearing on Saturday, with two planes carrying deported migrants in the air, Boasberg told Justice Department lawyers something. Any plane containing deportees covered under the order needed to return to the United States immediately. A written order hit the public docket at 7:25 p.m. EDT (2325 GMT). This was approximately 40 minutes after Boasberg spoke in court.
Those two planes landed in Honduras after the order hit the docket. They then continued on to El Salvador.
A third deportation flight took off from a Texas airport after Boasberg’s order hit the public docket.
Justice Department lawyers said in court papers on Tuesday that Boasberg’s spoken orders in court were not enforceable. They also said deportees aboard the third flight were not being deported solely under the 1798 Alien Enemies Act. Neither the Justice nor State Departments immediately responded to requests for comment.
Click here for more World news.