Appeals Court blocks Judge Boasberg’s contempt proceedings against the Trump administration.
This is a pretty big win for the Trump administration. In a 2-1 decision an Appeals Court has terminated Judge Boasberg’s attempt to hold the administration in contempt.
The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 Friday that U.S. District Judge James Boasberg cannot move forward with possible contempt proceedings against the Trump administration.
Judges Gregory Katsas and Neomi Rao, two Trump appointees on the majority-Democrat bench, sided with the Trump administration Friday in blocking Boasberg’s contempt motion from moving forward.
Judge Nina Pillard, an Obama appointee, dissented.
The 2-1 ruling is all but certain to be appealed to the full court to be heard en banc, where the Democrat-majority bench is seen as more favorable to the plaintiffs, or directly to the Supreme Court for review.
In case you’ve forgotten the details here, back in March Judge Boasberg issued orders that no migrants be deported under the Alien Enemies Act. However, his verbal orders and written orders different in both timing and details.
Judge Boasberg’s initial order was issued on March 15, shortly after he received an urgent request from lawyers representing five Venezuelan migrants to block Mr. Trump if he invoked a wartime authority, the Alien Enemies Act, to deport them and others without notice or a hearing.
When Judge Boasberg convened a hearing at 5 p.m., the government was in the process of loading more than 200 other Venezuelans onto planes. At 6:48 p.m., the judge verbally ordered the government not to deport anyone under the Alien Enemies Act and to bring back any planes that had taken off. Shortly after, he ordered the government not to remove the Venezuelan detainees but left out the explicit requirement for airborne planes to turn around.
