The DC Circuit stepped in Friday night to halt contempt proceedings against Trump administration officials who ordered the deportation of Venezuelan Tren de Aragua gangsters to El Salvador pending further review.
If you ever needed an example of an arrogant and overbearing liberal judge, Judge James Boasberg is your man. He tried to rewrite federal law to give himself jurisdiction in a case that had no attachment to his district and ignored the black-letter requirement that deportation cases go through a habeas corpus appeal before heading to federal district court. After being slapped down by the Supreme Court (see SCOTUS Hands Trump a Major Win on Use of Alien Enemies Act to Deport Some Illegals – RedState), he decided to hold contempt proceedings on federal officials who carried out a deportation operation that Boasberg didn’t have the authority to intervene in despite his stampy-foot demands. Unsurprisingly, he found the officials in contempt of his ruling, as well they should have been; see There He Goes Again: Judge Boasberg Finds Probable Cause to Hold Government in Contempt Over AEA Case – RedState.
In what can only be called an “intemperate” ruling, you can nearly see the spittle flecks on the document. He warns the government that if the Department of Justice refuses to criminally prosecute the case, he will appoint a personal prosecutor to do so. “If the Government ‘declines’ or ‘the interest of justice requires,’ the Court will ‘appoint another attorney to prosecute the contempt.'” No one is sure how that works; more importantly, the administration is sure it doesn’t. “District courts cannot outsource prosecutorial power to private citizens,” said the administration in its response, “insulate them from Executive Branch control, and then unleash them against the Executive Branch.”
My gut feeling is that the DC Circuit will save Boasberg from himself and find some way not to humiliate him while bringing his senseless jihad against the administration on behalf of his battered ego to a close.
Contempt Order
Contempt Order J.G.G. vs. Trump by streiff at redstate on Scribd
Government’s Response
Contempt Order J.G.G. vs. Trump—Response by streiff at redstate on Scribd