DC Circuit grapples with allowing Boasberg to continue contempt inquiry
A federal appeals court is deliberating on whether to allow U.S. District Judge James Boasberg to proceed with a criminal contempt investigation into Trump governance officials regarding last year’s deportations of Venezuelans to El Salvador. Justice Department lawyers argue the investigation is unlawful, claiming Judge Boasberg overstepped his authority by attempting to probe the mental state of senior government officials rather than investigating criminal conduct. Boasberg, an Obama appointee known for ruling against the Trump administration, previously found probable cause to hold officials in contempt for allegedly violating a deportation order. the case was reviewed after a three-judge panel blocked his efforts to examine specific officials, with the full D.C. Circuit set to decide whether the inquiry should continue. The DOJ contends that judges should not conduct criminal investigations, while civil rights groups have called for the inquiry to proceed, citing the harm caused by deportations. The court’s decision, expected in the coming months, could be appealed to the Supreme Court. The composition of the D.C. Circuit includes a majority of democrat-appointed judges, which may influence the ruling.
A federal appeals court weighed on Tuesday whether to allow U.S. District Judge James Boasberg to move forward with a criminal contempt inquiry into Trump administration officials over last year’s deportations of Venezuelans to El Salvador, as Justice Department lawyers allege the judge’s investigation is “unlawful.”
Boasberg, an appointee of former President Barack Obama, has been a thorn in the Trump administration’s side by issuing multiple adverse rulings against the president. He previously found probable cause to hold government officials in contempt for allegedly violating an order to halt the deportation of a group of Venezuelans being flown to a maximum security prison in El Salvador. The federal judge had sought to determine which officials had allegedly violated his order, even examining then-Homeland Security Secretary Kristi Noem, through additional fact-finding but was shut down by a three-judge panel on the U.S. Court of Appeals for the D.C. Circuit earlier this year. The full bench of the D.C. Circuit elected to review the case, setting up Tuesday’s lengthy arguments over whether to allow Boasberg’s inquiry to move forward.
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The D.C. Circuit has a 7-4 majority of Democrat-appointed judges, including four judges appointed by Obama, three appointed by President Donald Trump, three appointed by former President Joe Biden, and one appointed by former President George H.W. Bush.
DOJ lawyer Brett Shumate declared Boasberg’s inquiry was “unlawful, unnecessary, and futile,” and that he crossed the line by trying to do the work of a prosecutor through his investigation.
“The district court is investigating criminal contempt, and in our system of government, district judges do not investigate or prosecute crimes. That’s a role for a prosecutor, and so the purpose of the investigation at this point is no longer, ‘Let’s figure out who the decision-maker was.’ It is now, ‘Let’s probe the mental state of of senior government officials,’” Shumate said, alleging Boasberg has gone beyond his authority by digging into internal executive branch decision-making.
The panel of 11 U.S. circuit judges that heard Tuesday’s arguments grilled Shumate over his bid to quash Boasberg’s inquiry, questioning why Boasberg could not continue gathering information before determining if he wanted to make a criminal referral for contempt.
One of the judges on the panel questioned Shumate’s assertion that the separation of powers dictate that judges should “refer the matter to a prosecutor to further investigate,” specifically with how orders from judges can be enforced against the government if the courts cannot investigate contempt.
Lawyers from the American Civil Liberties Union urged the D.C. Circuit to keep alive Boasberg’s contempt inquiry, discussing the harm the deportations did to their illegal immigrant clients.
A majority on the full appeals court appeared likely to allow Boasberg’s contempt inquiry to go forward but did not give any firm indication on how they would rule. The D.C. Circuit also did not give a timeline for a ruling, but a decision is expected in the coming months.
The eventual ruling by the federal appeals court can be appealed to the Supreme Court. The Supreme Court previously vacated the underlying order that Boasberg claims officials violated, leading to his contempt inquiry.
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