A federal judge found probable cause that the Trump administration acted with contempt of court in violating his order to immediately halt deportations of Venezuelans suspected of being gang members.
US District Judge James Boasberg issued an order Wednesday saying that officials acted in “willful disregard” of his verbal order on March 15 to turn around planes carrying Venezuelans now held in a notorious prison in El Salvador. Boasberg said at a court hearing on April 3 that “the government acted in bad faith throughout that day.”
Boasberg stopped short of holding any specific officials responsible for now. He said he would give the administration a chance to come into compliance with his earlier order — potentially by ensuring that the people in the Salvadoran prison will be able to ask a federal judge in the US to order their release.
If not, Boasberg said he would identify the individuals to refer to the US Justice Department for possible criminal prosecution.
While nothing will come of this, because DoJ will simply discard any such recommendation, this is an escalation. There’s no way out but through, and the sooner we get to a proper uprising, the sooner this is all behind us.
For what it’s worth, the judge also said that if the DoJ declines to prosecute, he will appoint another attorney to do so.
This is explicitly allowed in federal law, so it’ll be interesting to see how they try to wiggle out of this one.
Could the court, at the next hearing on this matter, jail the DOJ lawyer representing the government for contempt?
Unlikely, since the attorneys did not disregard the order. Their client(s) did. Their client(s) would be the ones subject to the contempt charge, when they are identified.
The thing where the judge orders summary jail time is reserved for contempt “a facie curiae”, meaning “in the face of the court”. That’s for blatant disrespect or disruption in the courtroom in front of the judge.
So far, Drew Ensign has managed to refrain from anything as directed as that. So he hasn’t been jailed.
The Trump admin has been acting in bad faith and with wilful disregard towards justice in America for 86 days and counting.
Can we marshal Marshal Marshall yet, Marshall?
That’s it. that’s the article. I wanna see consequences for the facists, not the court confirming what we already know.
I agree, but it’s all about process. The only thing that ensures our rights are respected is the process that’s used every step of the way. Issuing this order was a critical step in the process. Without the contempt order as a foundation, there could be no consequences for the administration ignoring the order. I completely share your frustration, but these things matter as they build up to what should inevitably be real consequences for the fascists. The judge knows we’re all watching, so he’s gotta be sure to get it right.
That said, I’m not confident there will actually be any meaningful consequences, but there definitely wouldn’t be any without this order.
FYI the text above is currently the entire story - so no need to click a link for more info.
Good first step. Keep in mind this is from the previous order that was ignored, not the whole Kilmar Ábrego García fiasco.
Time to start disbarring the federal lawyers who do this shit.
Now that would be an effective offense. Blatantly violate the law and lose your livelihood.
What’s the punishment for this kind of contempt? $1000 fine?
Like, okay contempt, soooo? Can’t they just contempt the contempt?
Depends on the type of contempt charge. Legal Eagle compares the types in a video on this case.
tl;dw
- Civil Contempt (coercive) - incremental fines or jail time until the charged follows an order.
- Civil Contempt (compensatory) - a fine paid to someone who was wronged by ignoring a court order
- Criminal Contempt (direct) - jail time meant as punishment for directly disobeying a judge while court is in session
- Criminal Contempt (indirect) - jail time meant as punishment for disobeying a judge while court isn’t in session.
Criminal contempt can be pardoned and Trump has pardoned it before. Civil contempt cannot be pardoned but it only lasts until an order is followed.
Enforcing a contempt ruling is the next issue. Normally a US marshal would enforce it but they technically answer to the Attorney General, who answers to Trump, who could order them not to listen to the judge or be fired. A court could theoretically deputize someone to enforce the order directly, but that has never happened and people could just not recognize the authority of the deputized officer.
At last
At this rate he might get a deferred sentence and stern warning before I’m relocated to a re-education camp!
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You get a contempt. You get a contempt. And you get a contempt. Everybody gets a contempt.
It’s not much, but this will be important as evidence should Congress ever find its spine and actually consider impeachment.
ETA: and waiting around for that unlikely possibly might be a fools errand.
And what happens if Congress impeaches him?
It is the exact same problem. Laws that cannot/will not be enforced aren’t laws.
If this, republican majority impeached him, then the senate would definitely convict. In that case Trump is no longer the president.
The past two times dems held the house, but not the senate, so Republicans in the senate prevented a conviction.
Impeachment means there is evidence of misconduct (at a significant level). Senate conviction means you’re out as president.
Oh. And he’ll say “Oh no, you got me” and walk away? I mean, he did exactly that on Jan 6 that one time, right?
Like, just to check: he is going to ignore The Law if it is written law or a ruling from a judge or the supreem court. But hey, if the people he tried to have fucking murdered (and worse) say not to do something, he’ll definitely listen to them, right?
If we get to the point where the senate convicts him, I think it’s game over. That means that republican party has finally turned on him (meaning they think the public has too).
US is sliding towards authoritarianism, but having the whole country against you is still not something he can overcome.
FINALLY! They DEFINITELY Will Comply NOW! They do NOT want ANOTHER Stern Letter!
More talk. Yak, yak, yak. What a bunch of blather.
Wake me when someone actually DOES something other than NOISE.
