The joust between the Trump administration and Judge Boasberg continues.
After Boasberg ruled that he had probable cause to pursue contempt charges, his proceedings have been halted again by the appellate courts.
Boasberg has been a nightmare for Trump, but has taken more than his fair share of lumps in this process.
When the case finally made it to the Supreme Court, the Court ruled that Boasberg did not have jurisdiction in the case, saying that the cases should have been filed in states where the defendants had been held, such as Texas.
The Court halted the temporary orders put in place by Boasberg to deny the administration the right to use the Alien Enemies Act, however, this was only a temporary win for the Trump administration, as full arguments still needed to be heard.
What was not really published or discussed by the administration was that the Court ordered the administration to facilitate the return of Garcia, as well as give all deportees sufficient notice of their deportation to allow them their right to due process and challenge the deportation.
After that ruling, Judge Boasberg announced days later that he had found “probable cause” to pursue contempt charges against the administration.
This confused many of us due to the fact that Boasberg’s ruling was more or less invalidated when the Court ruled that he did not have jurisdiction in the case. Point being, how can he hold the administration in contempt when, effectively, his ruling was illegal?
Regardless, Boasberg ruled, "The Court ultimately determines that the Government's actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt.
"The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory."
After Boasberg’s order, the White House responded, "The Supreme Court ruled that Judge Boasberg has no right to seize control of the President's authority to conduct foreign policy — he should have never issued his order. His underhanded attempt to maintain power over this case is a judicial power grab that the Department of Justice will fight by all means necessary."
The appellate court agreed with the administration, halting Judge Boasberg’s proceedings in a 2-1 vote. The two judges who ruled in favor of staying the proceedings were both Trump appointees, while the dissenting judge was a Barack Obama appointee.
The panel ruled, “In the absence of an appealable order or any clear and indisputable right to relief that would support mandamus, there is no ground for an administrative stay.”
Even though this ruling fell along ideological lines, I believe it is the correct ruling, as the Court had already ruled against Boasberg having jurisdiction. Once that ruling was made, he was effectively removed from this case, so I don’t see how any court could justify ruling in his favor to hold the administration in contempt of what amounts to a completely invalid and possibly illegal order.
