Thread by @ReichlinMelnick

MAJOR NEWS: Judge Boasberg: “the Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt.”

https://twitter.com/reichlinmelnick/status/1912537378176053347

Boasberg's full contempt opinion is here. He gives the government two options:

1. Bring back the men deported in violation of his court order; or
2. Give up the names of the officials responsible so he can impose specific sanctions on them.

HUGE news.
storage.courtlistener.com/recap/gov.usco…

Judge Boasberg is now the first judge to find probable cause to hold the Trump admin in criminal contempt of court.

This sets up a significant escalation between the judiciary and the executive at a time when the administration is already flirting with defying the Supreme Court.

Boasberg emphasizes that it doesn't matter that the Supreme Court dismissed the case on jurisdictional grounds. A foundational principle of the judiciary is that contempt is contempt, even if an order is later overturned on appeal.

Here's how he spells it out.

Boasberg: Trump admin "provide[s] no convincing reason to avoid the conclusion that appears obvious from the above factual recitation: that they deliberately flouted this Court’s written Order and, separately, its oral command that explicitly delineated what compliance entailed."

Boasberg: The admin's "core contention [that the Court only barred physically removing class members] requires ignoring the clear context in which the Order was issued. ... Defendants’ conduct, moreover, manifests a willful disregard of the Court’s legally binding proscriptions."

Judge Boasberg takes apart the government's weak argument that it didn't fail to comply with his order because the people on the plane were "removed" once they'd crossed into international airspace.

He points out that five days earlier, the DOJ had argued the exact opposite!

After going through everything that happened at the hearing on March 15, Boasberg says the Trump admin's argument "flies in the face of this overwhelming context."

He concludes that his order was "sufficiently clear and specific in proscribing the handover of class members."

After further dismissing the government's weak arguments about presidential power, Judge Boasberg gets to the requirement that contempt be willful:

"From the opening hours of Saturday, the Government’s conduct betrayed a desire to outrun the equitable reach of the Judiciary."

After confirming that obvious, that the Trump admin willfully violated his order, Judge Boasberg turns to next steps, asking "So now what?"

First: the government can "purge its contempt" by "asserting custody" of individuals sent to El Salvador so they can file habeas lawsuits.

But if the government refuses, then Boasberg is bringing out the big guns. The government MUST identify who ordered the noncompliance. Once identified, Boasberg will ask DOJ to prosecute for contempt.

If DOJ refuses to prosecute, he says he will appoint a special prosecutor!

So there you have it: Boasberg says the government can either work to "purge its contempt" by affording those individuals sent to El Salvador the due process it denied them.

And if they don't, then we're heading towards a special prosecutor for criminal contempt prosecutions.

Important postscript: today's order does NOT cover Kilmar Abrego, who was deported (unlawfully) not under the Alien Enemies Act but pursuant to a final order of removal.

But it could provide some possible relief for people like Andry Hernandez.

https://x.com/ReichlinMelnick/status/1912510435191931266