Legal Tensions Between Judge and Trump Administration
Judge James Boasberg, who was appointed by Obama, may have overstepped his authority when he issued a threat of criminal contempt against the Trump administration on Friday.
A 2-1 decision from the DC Circuit Court of Appeals appears to favor the Trump administration, indicating that Boasberg’s orders might be voided. The court’s action follows the administration’s reluctance to comply with Boasberg’s directives concerning the handling of foreign gang members being sent to El Salvador.
Boasberg claimed that the administration violated a temporary detention order from March 15, which directed not to send certain gang members back to El Salvador on the same day. He had initiated the contempt proceedings even after the Supreme Court had previously rejected his initial order in April.
In her opinion, Judge Neomi Rao, another Trump appointee, criticized Boasberg’s actions. She stated, “The district court used the threat of criminal contempt to compel compliance with orders it lacked the authority to enforce. Such overreach poses risks for future cases.” It seems Boasberg’s intervention was a misstep that could set troubling precedents.
Fellow Trump appointee Judge Gregory Katsas reinforced Rao’s opinion, pointing out the significance of respecting the boundaries of foreign policy as dictated by the executive branch. Katsas suggested the Attorney General has a role here, which should remain separate from judicial overreach.
The Department of Justice had lodged a complaint regarding Boasberg’s conduct, remarking on inappropriate comments he made about the Trump administration back on July 30. It seems tensions between the judiciary and the executive branch have been palpable, with concerns arising about potential constitutional crises stemming from non-compliance with court orders.
Judge Cornelia Pillard, also appointed by Obama, expressed a different viewpoint regarding Boasberg’s situation. She acknowledged the pressure he faced to make swift decisions and commended his ability to manage those challenges with composure and professionalism.
