Appeals court denies full review of contempt case against Trump admin over El Salvador deportations

(WASHINGTON) — A federal appeals court on Friday denied a request to reconsider an earlier decision that prevented a federal judge from investigating whether Trump administration officials acted in contempt for allegedly violating a court order when it deported hundreds of alleged gang members to El Salvador under the Alien Enemies Act in March. 

The decision will allow Judge James Boasberg to attempt to proceed with the early stages of the contempt proceedings, including requesting evidence from the Trump administration about the decision not to turn around a plane bound for El Salvador after he ordered it be returned. 

In a statement authored by three judges in the majority, the court described Boasberg’s actions as “a measured and essential response to what it reasonably perceived as shocking Executive Branch conduct.” 

“The district court has every ability to set a new deadline for production of the information it sought regarding the probable contempt it identified or to proceed otherwise within his sound discretion,” the ruling said. “For its part, the government will have the full opportunity at the appropriate time to raise any defenses it may have. If it is dissatisfied with any appealable order the district court may enter, it will have the opportunity to seek review through the ordinary process. That is how our system of justice is designed to work.”

On Monday, Boasberg said the parties will discuss at a hearing on Wednesday how to proceed with the court’s contempt inquiry. 

In the time between Boasberg’s original order and Friday’s decision, a whistleblower came forward to allege the Trump administration deliberately planned to defy Boasberg’s order. That new context could inform how Boasberg proceeds with the case. 

“The facts the district court recounted present grave rule-of-law concerns. Obedience to court orders is vital to the ability of the judiciary to fulfill its constitutionally appointed role. Judicial orders are not suggestions; they are binding commands that the Executive Branch, no less than any other party, must obey,” the ruling said.

Lee Gelernt, an attorney for the American Civil Liberties Union, told ABC News the ruling will allow the group to proceed before Boasberg. 

“And now we have more evidence that the government deliberately violated the court’s order not to hand over the Venezuelan men to El Salvador,” Gelernt said.  

The Trump administration in March invoked the Alien Enemies Act — an 18th-century wartime authority used to remove noncitizens with little-to-no due process — to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.

Boasberg issued a temporary restraining order and ordered that the planes be turned around, but Justice Department attorneys said his oral instructions directing the flight to be returned were defective, and the deportations proceeded as planned.

Boasberg subsequently sought contempt proceedings against the government for deliberately defying his order.