Trump Administration Probably Violated Court Order on Deportations, Judge Says
The judge, James E. Boasberg, said he was likely to wait until next week to rule on whether the White House was in contempt of court for having ignored his order.
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The judge, James E. Boasberg, said he was likely to wait until next week to rule on whether the White House was in contempt of court for having ignored his order.
The Trump administration asked the justices to allow it to use a wartime law to continue deportations of Venezuelans with little or no due process.
Judge James E. Boasberg said top officials, including the defense secretary, the national security adviser and the secretary of state, must preserve the messages they exchanged.
The Presidential Records Act and the Federal Records Act require officials to preserve communications related to government business.
The move to disqualify the judge was emblematic of the Trump administration’s broader attacks on the federal judiciary, which in recent weeks has pushed back against executive actions.
The administration is invoking an extraordinary national security power, the state secrets privilege, under highly unusual circumstances.
By citing the act, the administration seems to be highlighting its aggressive posture without taking steps that might be deemed to violate a temporary restraining order issued by a federal judge.
Judge James E. Boasberg’s order says that the Venezuelan immigrants should have the opportunity to challenge the accusation by the Trump administration that they are members of a gang.
A hearing on Friday afternoon could also include some discussion about the Justice Department’s repeated recalcitrance in responding to the judge’s demands.
To invoke wartime deportation powers, President Trump asserted that Venezuela’s government controls a gang. U.S. intelligence analysts think that is not true.