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Judge Cornelia Pillard, who was appointed by former President Barack Obama, dissented and described the other two judges' ruling as a "grave disservice."
Two judges appointed by U.S. President Donald Trump on Friday at least temporarily shut down a bid by U.S. District Judge James Boasberg to potentially hold members of the Trump administration in contempt of court.
Politico reported that the U.S. Court of Appeals for the D.C. Circuit voted in a 2-1 ruling to quash contempt proceedings that Boasberg initiated against the Trump administration after he found there was probable cause to believe officials had defied his orders by sending 130 Venezuelan immigrants to be detained at El Salvador's Terrorism Confinement Center.
Judges Gregory Katsas and Neomi Rao, both of whom were appointed by Trump, ruled in favor of shutting down the hearings. Judge Cornelia Pillard, who was appointed by former President Barack Obama, dissented and described the other two judges' ruling as a "grave disservice" to Boasberg.
Politico noted that the ruling does not totally shut the door on Boasberg holding administration officials in contempt.
Among other things, the full 11-member bench of the D.C. Circuit could decide to take up the case and overrule the three-judge panel. Additionally, Judge Rao stopped short of saying that her ruling completely foreclosed upon the possibility that Boasberg could initiate criminal contempt proceedings against members of the administration.
In an interview with Politico, ACLU attorney Lee Gelernt signaled that an appeal of some kind was forthcoming.
"We strongly disagree with the ruling and are considering all options going forward," Gelernt said. "The opinion brushes aside the considerable evidence that has emerged that DOJ's lawyers understood the order at the time and simply ignored it."
The possible contempt of court charges stemmed from a ruling that Boasberg delivered back in March demanding that the administration halt and return the group of Venezuelan immigrants who were sent to El Salvador. The men were sent to the prison regardless and administration officials argued that they had no jurisdiction to order their return because the plane they were on had already left American airspace at the time of Boasberg's ruling.
Judge James Boasberg reportedly raised concerns that the Trump administration "would disregard rulings of federal courts," something the White House has done repeatedly.
The Trump Justice Department on Monday filed a misconduct complaint against a federal judge for warning in early March that the president could spark a "constitutional crisis" by defying court orders—a concern that was swiftly validated.
The complaint against James Boasberg, chief judge of the U.S. District Court for the District of Columbia, was announced by Attorney General Pam Bondi, who alleged on social media that Boasberg made "improper public comments" about President Donald Trump and his administration.
During a March gathering of the Judicial Conference—the federal judiciary's policymaking body—Boasberg reportedly raised colleagues' fears that "the administration would disregard rulings of federal courts leading to a constitutional crisis."
John Roberts, the chief justice of the U.S. Supreme Court, "expressed hope that would not happen and in turn no constitutional crisis would materialize," according to a memo obtained by The Federalist, a right-wing publication.
Days after the Judicial Conference gathering, the Trump administration ignored Boasberg's order to turn around deportation flights, prompting an ACLU attorney to warn, "I think we're getting very close" to a constitutional crisis.
Boasberg, an Obama appointee, later said there was probable cause to hold the Trump administration in contempt of court, concluding that the evidence demonstrated "a willful disregard" for the judge's order.
Boasberg's rulings against the Trump administration in the high-profile deportation case stemming from the president's invocation of the Alien Enemies Act have made the judge a target of the White House and its allies. Trump and some congressional Republicans have demanded that Boasberg be impeached.
Politico reported Monday that the Justice Department's complaint against Boasberg was signed by Chad Mizelle, Bondi's chief of staff.
"Mizelle argued that Boasberg's views expressed at the conference violated the 'presumption of regularity' that courts typically afford to the executive branch," Politico noted. "And the Bondi aide said that the administration has followed all court orders, though several lower courts have found that the administration defied their commands."
A Washington Post analysis published last week estimated that Trump officials have been accused of violating court orders in "a third of the more than 160 lawsuits against the administration."
"We are pleased that El Salvador publicly told the truth about what we all knew: that it's the United States that controls the fate of the Venezuelans," said one attorney.
A Monday court filing by attorneys for migrants being held in El Salvador's notorious maximum-security prison contained what one expert called a "huge" admission by Salvadoran officials that casts new doubt on the Trump administration's claims that it can't bring back the 130 men it sent to the facility.
In a filing submitted to Chief Judge James Boasberg of the U.S. District Court in Washington, D.C., lawyers for four of the migrants included a document that the Salvadoran government had sent to the United Nations in response to an inquiry about their detention at the Terrorism Confinement Center (CECOT).
Contrary to the Trump administration's claims—and those of far-right Salvadoran President Nayib Bukele—officials representing the Bukele government said in the filing that "the jurisdiction and legal responsibility for these persons lie exclusively with the competent foreign authorities, by virtue of international agreements signed and in accordance with the principles of sovereignty and international cooperation in criminal matters."
The four men whose disappearances are being investigated by the U.N. Office of The High Commissioner for Human Rights Working Group are among the more than 100 migrants whom the Trump administration swiftly sent to CECOT in mid-March after President Donald Trump invoked the Alien Enemies Act, a centuries-old law that allows the U.S. government to expedite the deportations of non-citizens deemed to be a national security threat.
The law has previously only been invoked during wartime, but the administration has claimed the people sent to CECOT—citing questionable and threadbare evidence in many cases—are members of the Venezuelan gang Tren de Aragua, which the White House has claimed is working in connection with Venezuela's government.
As Common Dreams reported in May, the U.S. intelligence agencies never endorsed Trump's claim that the street gang was taking orders from Venezuelan President Nicolas Maduro—raising one of many legal questions about the president's use of the Alien Enemies Act and his claim that Tren de Aragua has "invaded" the United States.
The filing on Monday by lawyers at Democracy Forward and the ACLU also called into question the administration's repeated claims that it has no authority to bring the migrants back from El Salvador, which has agreed to detain the men under a $6 million deal.
"The actions of the state of El Salvador have been limited to the implementation of a bilateral cooperation mechanism with another state, through which it has facilitated the use of the Salvadoran prison infrastructure for the custody of persons detained within the scope of the justice system and law enforcement of that other State," the Salvadoran authorities told the U.N., according to the filing.
The lawyers also told Boasberg that the Trump administration was clearly aware of El Salvador's statements about the men being held at CECOT, as U.S. officials were copied in the Salvadorans' communication to the United Nations.
"We are pleased that El Salvador publicly told the truth about what we all knew: that it's the United States that controls the fate of the Venezuelans," Lee Gelernt, a lawyer for the ACLU, told The New York Times. "That the United States did not provide us or the court with this information is extraordinary."
Boasberg has expressed frustration with the White House several times since first taking on the case regarding the use of the Alien Enemies Act. He ordered two deportation flights to be turned around in March, and said the following month that there was "probable cause" to hold administration officials in contempt of court for disobeying the order.
Last month, the judge ordered the administration to provide detainees at CECOT with habeas corpus relief and said the mass removal of the men was unlawful.
The U.S. Supreme Court has not ruled on whether the invocation of the Alien Enemies Act was lawful, but ordered the White House to provide people with sufficient opportunity to contest their removal under the law.
Last week, a federal appeals court in New Orleans held a hearing on Trump's use of the law in a case that is likely to make its way to the Supreme Court.
In March, the case of Maryland resident Kilmar Abrego Garcia became one of the most high-profile cases of the migrants who were sent to CECOT. The forced removal of Abrego Garcia, who had no criminal record and was accused by an anonymous police informant of being a gang member, was the result of an "administrative error," according to the U.S. Department of Justice, but both Trump and Bukele claimed they had no authority to bring him home.
Last month Abrego Garcia was transferred from El Salvador to a prison in Tennessee, where he faces charges of transporting migrants.
His lawyers last week described "severe beatings" that Abrego Garcia and other migrants sent to CECOT suffered when they arrived at the prison. A court filing also detailed "severe sleep deprivation, inadequate nutrition, and psychological torture."
"This," said journalist Megan Stack after Abrego Garcia's account was made public, "is where our government sends people with no due process."