A federal judge said Wednesday he plans to expedite a contempt investigation into the Trump administration’s failure to turn things around. Plane transporting Venezuelan immigrants to El Salvador In March.
U.S. District Judge James Boasberg in Washington said Friday’s ruling by the District of Columbia Circuit Court of Appeals gives him authority to proceed with the investigation and determine whether there is enough evidence to prosecute the case. He asked his lawyers to identify witnesses and present a plan for how the investigation would be conducted, and said he hoped to begin the hearing on December 1.
The judge had previously warned that he could seek to prosecute administration officials.
On March 15, Mr. Boasberg ordered a plane carrying the accused gang members to return to the United States, but the plane instead landed in El Salvador, where the immigrants were detained in a notorious prison.
“I have the authority to proceed with the trial as I intended seven months ago, in April,” the judge said during Wednesday’s hearing. He later added, “We’re going to find out what happened that day.”
Boasberg said having witnesses testify under oath appears to be the best way to conduct a contempt investigation, but he also suggested the government could provide a written explanation of who issued the order “defying” his sentence.
The Trump administration has denied any violations and said the judge’s instructions to return the plane were given orally in court but were not included in a written order. U.S. Attorney Tiberius Davis told Boasberg that the government opposes further contempt proceedings.
Formerly Boasberg Possible cause found to maintain the Trump administration criminal insult of the court. The ruling marked a dramatic battle between the judicial and executive branches of government, but a divided three-judge appellate panel later sided with the administration and reversed the ruling. The two justices in the majority were appointed by President Donald Trump.
On Friday, a large panel of judges in the D.C. Circuit Court of Appeals said earlier rulings by their colleagues do not prevent Boasberg from proceeding with a contempt investigation. Judges Cornelia Pillard, Robert Wilkins and Bradley Garcia wrote that Boasberg’s finding of contempt was a “prudent and substantive response.”
“Obedience to court orders is critical to the judiciary fulfilling its constitutional role,” they wrote. “A judicial order is not a suggestion. A judicial order is a binding order and must be obeyed by the executive branch like any other party.”
The Trump administration has invoked an 18th-century law of war to send immigrants accused of being part of a Venezuelan gang to a giant prison in El Salvador. terrorist confinement centeror Sekot. They argued that American courts could not order their release.
Boasberg ruled in June that the Trump administration should give some immigrants an opportunity to challenge their deportations, saying they were unable to formally challenge their deportation or membership charges. Torren de Aragua.
The judge said “substantial evidence” had surfaced that many of the immigrants were not affiliated with gangs and were “languishing in foreign prisons on flimsy or frivolous charges.”
More than 200 immigrants later arrived. released to Venezuela In a prisoner exchange with the US
Their lawyers are asking Boasberg to issue a new order requiring the government to explain how at least 137 people will be given the opportunity to challenge their gang designations under the Alien Enemies Act.
Lee Geraint, an attorney with the American Civil Liberties Union, said Wednesday that the men are in danger in Venezuela and afraid to speak to lawyers, and that while lawyers have been able to contact about 30 of them, they “overwhelmingly” want to pursue the case.
Davis said it may be difficult to remand the men in custody given tensions between the United States and the government of Venezuelan President Nicolás Maduro.
Boasberg did not immediately issue a ruling on the case.
