Yesterday, US District Judge James E Boasberg cautioned that if the administration does not rectify its contempt, he may escalate the issue to prosecution.
If the Justice Department declines to prosecute the matter, Boasberg said he will appoint another attorney to prosecute the contempt.
Boasberg emphasized that the deliberate defiance of court orders, particularly by government officials who have pledged to uphold the constitution, is not acceptable.
This situation signals a growing confrontation between the judiciary and executive branches regarding the extent of presidential authority in advancing critical White House agendas.
The Republican president has called for Boasberg’s impeachment while the Justice Department has accused the judge of overstepping his authority.
Boasberg, who was nominated to the federal bench by Democratic president Barack Obama, ordered the administration last month not to deport anyone in its custody under the Alien Enemies Act.
Trump invoked the 1798 wartime law over what he claimed was an invasion by the Venezuelan gang Tren de Aragua.
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When Boasberg was told there were already planes in the air headed to El Salvador, which has agreed to house deported migrants in a notorious prison, the judge said the aircraft needed to be returned to the United States.
But hours later, El Salvador’s president, Nayib Bukele, announced that the deportees had arrived in his country.
In a social media post, he said, “Oopsie…too late” above an article referencing Boasberg’s order.
The Trump administration has argued it did not violate any orders, noted the judge did not include the turnaround directive in his written order and said the planes had already left the US by the time that order came down.
