Judge cites Rubio retweet, suggests criminal contempt for Trump officials.

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Judge Finds Probable Cause for Criminal Contempt

US District Judge James Boasberg found probable cause to hold Trump administration officials in criminal contempt for defying court orders. The officials deported Venezuelan migrants to a Salvadoran prison despite a restraining order. The judge cited the Trump administration's deliberate flouting of his commands as 'obvious'.

Government's Actions and Obstruction

The Trump administration deported migrants under the Alien Enemies Act of 1798, which the judge argued was wrongly applied. The government was accused of actively trying to evade judicial review and obstructing investigations into the matter. Secretary of State Marco Rubio's retweet boasting about the defiance further fueled the judge's decision.

Possible Outcomes and Supreme Court Intervention

The government was given an opportunity to avoid contempt charges by asserting custody over the deported individuals. If the government refuses, the judge will identify responsible officials for criminal prosecution, potentially including jail time and fines. Supreme Court intervention and presidential pardons pose major threats to the judge's actions. The judge's decision is potentially the first of several contempt findings against the Trump administration.

  • Judge may appoint a private prosecutor if the Department of Justice refuses.
  • Judge can appoint alternative law enforcement if marshals refuse to act.
  • Civil contempt charges remain a possibility even if pardons are issued.

Further Implications

The case raises serious questions about the balance of power between the executive and judicial branches. The Supreme Court's actions in this matter will be crucial in determining the future of judicial independence and the potential for redress for the unlawfully detained migrants.

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