Judge James Boasberg thinks Stephen Miller, Tom Homan, and the rest of the Trump administration “acted in bad faith” when they invoked the Alien Enemies Act to extrajudicially deport 200 Venezuelan men to a megaprison in El Salvador on March 15.
Judge Boasberg—whose restraining order to halt the deportation plans was defied by the administration—noted that he is considering contempt for the administration’s actions. And if he does, he wants to know who to blame.
“If I don’t agree, I don’t find your legal arguments convincing, and I believe there is probable cause to find contempt, what I’m asking is how—how should I determine who [is at fault]?” Judge Boasberg raised, wanting to know who exactly decided to disobey his order to turn planes carrying deportees around. The Trump administration insists that it somehow complied with the order.
“It seems to me, there is a fair likelihood that that is not correct,” Judge Boasberg responded. “In fact, the government acted in bad faith throughout that day. You really believed everything you did that day was legal and could survive a court challenge? I can’t believe you ever would have operated in the way you did.
“Why wouldn’t the prudent thing be to say, ‘Let’s slow down here. Let’s see what the judge says. He’s already enjoined the removal of five people; certainly in the realm of possibility that he would enjoin further removal. Let’s see what he says, and if he doesn’t enjoin it, we can go ahead. But surely better to be safe than risk violating the order,’” Boasberg asked the Justice Department lawyers.
The Justice Department also invoked the state secrets privilege to avoid having to give Judge Boasberg any more information about the deportation flights, which Boasberg called “pretty sketchy-looking.” The Justice Department insisted that revealing the information could have “diplomatic consequences.”
“Like what?” Judge Boasberg replied, noting that he has discussed confidential matters in closed sessions before.
The Trump administration insists that all 200 of these men are dangerous, hardened members of the Venezuelan gang Tren de Aragua, hence the wartime Alien Enemies Act. This is completely false. Now innocent people are sitting in one of the most brutal prisons in the world.
Judge Boasberg plans to issue a ruling this week.
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