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Tipsheet

Trump Admin Strikes Back at Judge Threatening Contempt Proceedings

AP Photo/Alex Brandon

The Trump administration on Wednesday reportedly filed an appeal to counter a federal judge’s ruling that there is probable cause to hold it in contempt over the deportation of Venezuelan illegal immigrants.

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Judge James Boasberg, on the same day, issued a ruling establishing probable cause for contempt proceedings, arguing that the White House refused to comply with his earlier order to turn around two planes transporting alleged Venezuelan gang members to a maximum security prison in El Salvador.

Boasberg claimed the White House acted in “willful disregard” of the order. “The Constitution does not tolerate willful disobedience of judicial orders—especially by officials of a coordinate branch who have sworn an oath to uphold it,” he wrote in his opinion.

The administration filed its appeal with the DC Circuit Court of Appeals on Wednesday night, hours after Boasberg issued his ruling, according to Fox News.

The Trump administration's brief appeal to the D.C. Circuit Court does not include any new details, as the facts of the case have already been heard by the district and appellate court.

The appellate court last month ruled 2-1 to uphold Boasberg's temporary restraining order.

The Supreme Court, however, ruled 5-4 last month that the Trump administration could resume its deportation flights under the Alien Enemies Act, so long as individuals subject to removal under the law were given due process protections, and the opportunity to pursue habeas relief – or the ability to have their case heard by a U.S. court prior to their removal.

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The judge also took issue with the White House’s failure to comply with requests for more information about the individuals sent to El Salvador. The Trump administration countered by arguing that Boasberg’s conduct constituted a “massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens” who “pose threats to the American people.”

The next step for Boasberg would be to refer the matter to a prosecutor now that he has decided there is probable cause for contempt proceedings.

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