Judge Boasberg has been an utter nightmare for the Trump administration, while one could make the argument that he should be removed from the bench.
Boasberg ruled in a case that the Supreme Court ruled he did not have jurisdiction, in what was a clear-cut case of judge shopping.
Even with the slap on the wrist by the Supreme Court, Boasberg continued to press forward, to the point of exploring contempt charges against Trump officials, but that quest was just derailed.
This mess got started when Trump wanted to use the Alien Enemies Act to deport criminal illegal immigrants.
The initial case fell on Judge Boasberg’s desk, but it was clearly a case of judge shopping by the plaintiffs, and Boasberg should have declined the case and referred the plaintiffs to the proper court.
Instead, he took the case, then ruled against Trump, ordering Trump to turn the deportation planes around and return the migrants.
Trump fought the ruling and won, as the Supreme Court ruled Boasberg had no jurisdiction, and if the plaintiffs wanted to pursue the case, they needed to do so in the proper court.
Even though the Supreme Court nullified Boasberg’s ruling, he continued to press on, ultimately announcing that he was exploring contempt charges against Trump officials involved in the deportations.
He wrote, "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.”
He continued, "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."
A spokesperson for the Department of Justice stated they would appeal the decision, adding, "The Supreme Court ruled that Judge Boasberg has no right to seize control of the President's authority to conduct foreign policy — he should have never issued his order.”
This case has been kicking around in the courts to the point I had forgotten about it, but a ruling came down on Friday, and, rightfully, it was in Trump’s favor.
The U.S. Court of Appeals for the D.C. Circuit, in a 2-1 ruling, shut down Boasberg, stating, "Nor may we decide whether the government’s aggressive implementation of the presidential proclamation warrants praise or criticism as a policy matter. Perhaps it should warrant more careful judicial scrutiny in the future. Perhaps it already has."
The majority opinion concluded, "Regardless, the government’s initial implementation of the proclamation clearly and indisputably was not criminal."
Unfortunately for Trump, plaintiffs in these cases have continued to shop in Boasberg’s district, and they have often been rewarded with Boasberg drawing the case. This one fell in Trump’s favor, but the fight is not over, and there are surely more to come if Boasberg’s name is on the bench. If I were the DOJ, I would be filing a complaint every time he oversteps, ultimately forcing the judicial review board to consider permanently removing him from the bench.
