Judge Boasberg Is Laying a Contempt Trap for Trump Officials

Far-left U.S. District Judge James Boasberg questioned Trump administration attorneys bitterly on Thursday over whether they violated a court order blocking deportations under a wartime immigration statute, thereby raising the possibility of contempt proceedings.

Boasberg is opposed to the administration’s use of the 1798 Alien Enemies Act to deport Venezuelans, including suspected members of the violent Tren de Aragua gang.

Boasberg is investigating whether there is sufficient evidence to pursue contempt, allowing him to imprison Trump officials. He’s laying a contempt trap.

During the hearing, Boasberg repeatedly pressed Ensign for details on who within the Trump administration had knowledge of the deportation flights and when exactly the three planes departed U.S. soil for El Salvador, Fox reported. On that day, at least 261 migrants were deported, including over 100 Venezuelan nationals removed “solely on the basis” of the law that the court had temporarily blocked.

Government attorneys won’t give details.

Why does Boasberg even have jurisdiction? He has jurisdiction only in his own mind.

Margot Cleveland of The Federalist writes:

Yesterday Trump Administration filed a reply in SCOTUS in Alien Enemies Act case. This paragraph sums up the point I’ve been stressing: Judge Boasberg so wanted to stop removal that he bypassed question of whether he had jurisdiction.

There are many difficult legal questions with no precedent regarding the Alien Enemies Act, but you can’t ignore jurisdiction because you really, really, really want to stop something you believe is bad…either at the start of the case or mid-flight!

Congress also has political question to answer: Does it want to amend the Alien Enemies Act to require process beyond habeas? To limit President’s authority? To define undefined terms?

SCOTUS could save a lot of wasted time by granting motion and vacating order. I debate whether SCOTUS has authority to enter delay impact of its ruling by some procedure to allow time for habeas filing in Texas, but Plaintiff’s attorneys are gambling by not filing there.

The docket is here.

Boasberg wants to get Trump officials for contempt. That could lead to prison.

Resolution to Remove Boasberg

Andy Biggs introduced a resolution on March 31, 2025, to remove Judge James Boasberg from the federal bench. He accuses him of “activist” rulings, like those against Trump’s deportation policies, that violate the “good behavior” standard for judges under the Constitution. We need 218 in the House and 51 in the Senate.

If only enough Republicans would sign up. I doubt they will:

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