The Federal judge in this case IS NOT letting the disobeying his order go….
It appears that Homeland Sec. Noem ‘personally’ ordered deportation flights to El Salvador after Federal Judge James Boasberg ruled against the flights…
If the judge so chooses?
He could fine or lock up the Homeland Sec….
But being held in ‘contempt‘ is NOT some Noem is gonna want on her resume….
Nor would it play well in the media and in other court action’s on deportations…
Finally?
It could generate civil actions against the Trumpo admin by those involved in Noem’s actions and govt. conduct…
Homeland Security Secretary Kristi Noem made the call in March to transfer detainees to Salvadoran custody after a judge ordered their planes to turn around, the Justice Department disclosed Tuesday.
The big picture: A resurrected contempt inquiry into whether Noem and others defied a judge’s order will test the limits of President Trump’spower to fast-track deportations as he pleases.
- The Trump team has defended its decision to proceed with the deportations, saying two planeloads of people had already departed and were outside U.S. territory when Judge James Boasberg gave his oral directive.
- Amid a wider battle between MAGA world and the federal judiciary, Boasberg has emerged as a prominent target of the administration’s ire.
Driving the news: Noem directed the transfer of the detainees to El Salvador after receiving legal advice, the DOJ said in a Tuesday filing in the case over deportations conducted under the 18th-century Alien Enemies Act.
- The DOJ argued that decision was “lawful” and “consistent with a reasonable interpretation” of Boasberg’s order.
- Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove, two of Trump’s former attorneys, provided the legal advice through DHS acting General Counsel Joseph Mazzara, the filing said….
….
The other side: But the DOJ has remained adamant the administration did not defy Boasberg’s order, arguing in their Tuesday filing that Boasberg’s oral directive to return the deportees to the U.S. was not a binding injunction.
- “[T]hose people need to be returned to the United States,” Boasberg saidfrom the bench in March. “However that’s accomplished, whether turning around a plane or not embarking anyone on the plane or those people covered by this on the plane, I leave to you.”…
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