Georgetown Law professor and former senior Department of Justice official Marty Lederman argued Chief Judge James Boasberg has sufficient evidence to order a criminal contempt trial against Acting Attorney General Todd Blanche without further investigation.
“The evidence the judge has already elicited is more than sufficient,” Lederman wrote.
The case stems from March 2025, when Boasberg issued a temporary restraining order prohibiting the deportation of Venezuelan detainees to El Salvador’s Centro de Confinamiento del Terrorismo prison.
Despite the order, two deportation flights proceeded mid-hearing.
Blanche and then-Principal Associate Deputy Attorney General Emil Bove advised then-Department of Homeland Security Secretary Kristi Noem that the written court order contradicted the judge’s oral ruling; yet, Civil Division lawyers argued the case remained uninformed.
An appeals court panel halted Boasberg’s contempt investigation in April via writ of mandamus. Lederman characterized Blanche and Bove’s legal advice as an egregious rule-of-law violation warranting criminal contempt charges.
Trump nominated Blanche for permanent attorney general, with Republican Senate Majority Leader John Thune calling confirmation chances uncertain.
The Senate has not scheduled a confirmation hearing.
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