As Breitbart News reported, Trump invoked the Alien Enemies Act to begin deporting hundreds of illegal alien Tren de Aragua and MS-13 gang members, both of which are now designated as terrorist organizations.
The left-wing American Civil Liberties Union (ACLU) and Soros-linked Democracy Forward sued the Trump administration to stop the deportations on behalf of five illegal aliens accused of being gang members, though two planes of nearly 300 gang members had already taken off for El Salvador.
Boasberg issued a temporary restraining order (TRO) blocking Trump from using the Alien Enemies Act to deport illegal alien gang members. Trump officials said they got the order from Boasberg when the gang members had already landed in El Salvador.
The Supreme Court subsequently vacated Boasberg’s temporary restraining order, ruling that Trump has the authority to use the Alien Enemies Act to deport such gang members from the United States, provided that deportees have an opportunity to defend themselves.
On Wednesday, Boasberg issued a memorandum stating he has “probable cause” to hold the Trump administration in contempt of court for what he claims is “willful disregard” for his prior order.
“As this Opinion will detail, the Court ultimately determines that the Government’s actions on that day demonstrate a willful disregard for its Order, sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt,” Boasberg wrote. “The Court does not reach such conclusion lightly or hastily; indeed, it has given Defendants ample opportunity to rectify or explain their actions. None of their responses has been satisfactory.”
“One might nonetheless ask how this inquiry into compliance is able to proceed at all given that the Supreme Court vacated the TRO after the events in question,” Boasberg continued:
That Court’s later determination that the TRO suffered from a legal defect, however, does not excuse the Government’s violation. Instead, it is a foundational legal precept that every judicial order “must be obeyed” — no matter how “erroneous” it “may be” — until a court reverses it. If a party chooses to disobey the order — rather than wait for it to be reversed through the judicial process — such disobedience is punishable as contempt, notwithstanding any later-revealed deficiencies in the order. That foundational “rule of law” answers not just how this compliance inquiry can proceed, but why it must. The rule “reflects a belief that in the fair administration of justice no man can be judge in his own case,” no matter how “exalted his station” or “righteous his motives.” [Emphasis added]
The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it. To permit such officials to freely “annul the judgments of the courts of the United States” would not just “destroy the rights acquired under those judgments”; it would make “a solemn mockery” of “the constitution itself.” “So fatal a result must be deprecated by all.” [Emphasis added]
…
For the foregoing reasons, the Court will find probable cause that Defendants’ actions constitute contempt. It will provide them an opportunity to purge such contempt. If they opt not to do so, the Court will proceed to identify the contemnor(s) and refer the matter for prosecution. A separate Order so stating will issue this day. [Emphasis added]
Previously, Attorney General Pam Bondi invoked the state secrets privilege regarding all information surrounding the deportation flights and the gang members who were on the flights — blocking Boasberg from getting such information.
“The Executive Branch hereby notifies the Court that no further information will be provided in response to the Court’s March 18, 2025 Minute Order based on the state secrets privilege and the concurrently filed declarations of the Secretary of State and the Secretary of Homeland Security,” Bondi wrote at the time.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
Breitbart News
Read the full article .
