A federal judge has revived a contempt inquiry into whether Trump administration officials deliberately ignored a court order by deporting hundreds of men to El Salvador in March. James Boasberg, a US district judge, said he would demand sworn testimony to establish whether officials violated his directive to turn around aircraft removing the men from American territory.
“It seems that a factual inquiry is in order, and the best way to proceed would appear to be bringing in witnesses and having them testify under oath,” Boasberg said during a status conference on Wednesday. The inquiry had been halted earlier this year by a three-judge panel of a federal appeals court, but a larger panel of appellate judges ruled last Friday that Boasberg was “free to require the government to identify the decision makers who directed the potentially contemptuous actions”.
Boasberg’s remarks on Wednesday marked a fresh chapter in his stand-off with the Trump administration over the limits of presidential power. By pursuing criminal contempt proceedings, which can result in fines or other censure, the judge has drawn criticism from Trump allies who say he has overstepped.
Boasberg ordered the justice department to submit a proposal by 24 November outlining its proposed next steps, and asked for a similar proposal from lawyers representing the deportees. The justice department maintains that Boasberg lacks jurisdiction to conduct contempt proceedings and argues that the administration did not willfully defy any court orders.
The case stems from a lawsuit brought on behalf of alleged Venezuelan gang members removed under the rarely used Alien Enemies Act. In April, Boasberg concluded the administration appeared to have acted in “bad faith” by hastily arranging three deportation flights on 15 March while he was conducting emergency court proceedings. The Venezuelan men were later released from a notorious Salvadoran prison and returned to Venezuela as part of a US-brokered prisoner swap.
