Appeals court rules that Federal Judge Boasberg 'exceeded' his authority in ruling to halt deportation flights

In a significant decision, the U.S. Court of Appeals for the District of Columbia Circuit on Friday overturned by a 2-1 vote the contempt order issued by Federal Judge James Boasberg against officials of the Donald Trump administration.

The ruling dismisses Boasberg's determination that probable cause existed to hold the officials in criminal contempt for disobeying his court order to halt deportation flights of suspected Venezuelans bound for El Salvador under the invocation of the Foreign Enemies Act.

The appeals panel, composed of Judges Gregory Katsas and Neomi Rao, both appointed by President Donald Trump, and Judge Cornelia Pillard, appointed by former Democratic President Barack Obama, ruled that Boasberg exceeded his authority in attempting to sanction the officials.

In the majority opinion, Judge Rao argued that Boasberg's contempt order represented an unwarranted intrusion into the Executive's prerogatives, forcing the Administration to choose between "capitulating to an unlawful judicial order" or exposing its officials to "dubious prosecution.”

He further wrote that Boasberg had "exceeded the court’s authority” and abused his discretion as a judge.

For her part, Justice Pillard issued a dissenting opinion, praising Boasberg's "unwavering serenity" in the face of what she described as "foot dragging, evasion, and outright disregard” for judicial authority. Pillard criticized the majority for "doing a grave disservice to an exemplary judge" by thwarting his efforts to uphold the integrity of the judiciary. In her view, the majority's decision weakens the ability of the courts to ensure compliance with its orders, especially in cases of high political relevance.

Origins of the case

The case has its origins in March of this year, when Boasberg ordered the Trump Administration to halt deportation flights of alleged Venezuelan gang members to a megaprison in El Salvador, invoking the Alien Enemies Act, a rarely used regulation. Boasberg issued this order during an emergency hearing convened on a Saturday, in response to a lawsuit challenging the legality of the deportations.

Although the Supreme Court vacated the order in April, arguing that Boasberg followed an incorrect legal process, the judge went forward with a contempt proceeding, accusing the Administration of willfully ignoring his initial mandate.