A federal appeals court on Friday temporarily blocked District Court Judge James Boasberg from moving forward with contempt proceedings against Trump administration officials over deportation flights to El Salvador last month.
In a 2-1 ruling, a panel of judges on the US Court of Appeals for the DC Circuit “administratively stayed” Boasberg’s April 16 order “pending further order of the court.”
“The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for a stay pending appeal or a writ of mandamus and should not be construed in any way as a ruling on the merits of that motion,” read the appeals court ruling.
Trump-appointed Judges Gregory G. Katsas and Neomi Rao ruled in favor of the pause, while Obama-appointed Judge Cornelia Pillard opposed the stay.
Boasberg, who sits on the District Court for the District of Washington, DC, ruled earlier this week that there was “probable cause” to hold Trump administration officials in criminal contempt for defying his March 15 order to halt deportation flights carried out under the Alien Enemies Act.
The Obama-appointed jurist determined that the White House showed “willful disregard” for his order demanding that two flights transporting suspected Venezuelan gang members to a megaprison in El Salvador be turned around to bring the detainees back to US soil.
“The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions,” Boasberg wrote. “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.”
Boasberg asked the Trump administration to either “purge their contempt” by retaking custody of the deported migrants or turn over the names of executive branch officials who defied his order.
Trump administration lawyers claim that the planes were out of US airspace by the time Boasberg’s order came down.
Boasberg’s contempt ruling hinted that he would appoint an outside prosecutor to refer the case to if the Justice Department refuses to act on it.
The appeals court ruling came on the same day Boasberg denied a petition from the American Civil Liberties Union urging him to block future deportation flights to El Salvador under the Alien Enemies Act unless detainees are given 30 days’ notice.
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