Trump Appointees Block Judge Boasberg’s Contempt Inquiry Again

On December 8, 2023, the D.C. Circuit Court took significant action, halting Judge James Boasberg’s contempt proceedings scheduled for December 15 and 16. This pause follows a pattern of interventions by judges appointed by former President Trump.

Legal Context of the Contempt Inquiry

Judge Boasberg, serving in the D.C. District Court, aimed to determine whether the Trump administration violated his orders regarding the Alien Enemies Act (AEA). The inquiry emerged from an incident in mid-March when individuals were deported under AEA despite his directives. On March 15, Boasberg issued orders to halt these deportations, which were subsequently ignored.

Timeline of Events

• March 15, 2023: Judge Boasberg issued orders to stop deportations under the AEA.
• March 17, 2023: Two days later, deportees were still flown to El Salvador contrary to Boasberg’s orders.
• April 16, 2023: Finding of “probable cause” for contempt against the Trump administration.
• April 18, 2023: Judges Neomi Rao and Justin Walker intervened, issuing an administrative stay against Boasberg’s contempt order.
• November 14, 2023: D.C. Circuit denied a request to reconsider the panel’s ruling.
• December 8, 2023: Boasberg scheduled hearings for December 15-16.

Impact of the Administrative Stay

Judges Rao and Walker issued the most recent administrative stay just after 5:00 p.m. on December 8. This act echoes similar decisions made in the past, contributing to significant delays in Boasberg’s efforts to hold accountable any members of the Trump administration. The current case’s implications are serious, as a contempt ruling could lead to criminal referrals.

Responses from the Justice Department and ACLU

In the days leading up to the stay, the Department of Justice (DOJ) sought to block the contempt inquiries, asking Judge Boasberg for a stay pending further decisions. The ACLU, representing those affected by the AEA, opposed these requests. Their argument highlighted that the proceedings had been stalled for nearly eight months, advocating for justice and accountability.

Conclusion

The involvement of Trump appointees in blocking Judge Boasberg’s contempt inquiry reflects ongoing legal battles surrounding executive actions from the previous administration. This situation continues to evolve as both sides prepare for potential hearings moving forward.