from the below-even-the-lawful-but-awful-standard dept
Current Third Circuit Appeals Court judge and former Trump lawyer Emil Bove made it clear — on more than one occasion — that DOJ lawyers should tell the courts “fuck you” if they tried to shut down any anti-migrant operations.
That message apparently reached several receptive ears. Earlier this year, a federal judge ordered the administration to halt flights to El Salvador and to return immigrants who hadn’t been given access to their due process rights. The government went on to pretend this had never happened. It did at least not continue to send planes to El Salvador, but it refused to order those already in the air to turn around and return to the United States.
Thanks to a filing by the DOJ, we now know who made the final call to say “fuck you” to Judge James Boasberg, who issued both a verbal and written order demanding the flights to El Salvador be halted.
This is the angle the administration is taking to pretend it didn’t need to recall flights it had hastily sent aloft in anticipation of Boasberg’s ruling:
At approximately 6:45 PM on March 15, 2025, the Court orally directed counsel for the Government to inform his clients of the Court’s oral directives at the hearing, including statements directing that any removed class members “need to be returned to the United States.” By that point, two flights carrying individuals designated under the Alien Enemies Act (AEA) had already departed from the United States and were outside United States territory and airspace.
At approximately 7:25 PM, the Court memorialized its temporary restraining order in a written order, as the Court had indicated at the hearing it would do. The written order enjoined Defendants “from removing” class members pursuant to the AEA. The written order, unlike the oral directives, said nothing about returning class members who had already been removed.
A government acting in good faith might have taken steps to return the planes already in the air as a precautionary step to avoid generating contempt of court allegations. This government never acts in good faith. It allowed the planes to continue heading towards El Salvador even though it had received a verbal order “directing that any removed [migrants] need[ed] to be returned to the United States.”
It instead let the planes continued to fly until it had received a written order, which it then decided to interpret as permission to allow these flights to continue.
But someone had to make the final call to blow off Judge Boasberg’s first order and pretend the second order wasn’t meant to be read in the spirit of his first order. And that person would be Kristi Noem, who is now defending her actions with the usual Trump admin horseshit about keeping America safe from dangerous brown people:
Homeland Security Secretary Kristi Noem on Sunday confirmed that she instructed the federal government to carry out the deportation and transferring Venezuelan detainees to El Salvador despite a court order halting the flights.
“The decisions that are made on deportations, where flights go, and when they go are my decision at the Department of Homeland Security,” Noem told NBC’s Kristen Welker on “Meet the Press.” “And we will continue to do the right thing and ensure that dangerous criminals are removed.”
Bullshit. That was never the case. The Trump administration doesn’t care whether or not the migrants it’s ejecting as as fast as it can are actually “dangerous criminals.” The latest data shows only 5% of those detained by ICE have criminal records that contain violent crimes. 73% of those detained have no criminal record at all.
Rather than err on the side of caution when confronted with a discrepancy between what was said and what was written by the judge, Kristi Noem signed off on the interpretation that allowed the administration to do what it was always going to do anyway. And in doing so, she’s made it clear this government will engage in actionable contempt that springs from its literal contempt for the system of checks and balances.
Boasberg previously found probable cause to start contempt proceedings over the administration’s deportations, an action that was paused for months until an appeals court last week cleared the way for him to charge forward.
This is something, at least. Its usefulness in forcing the administration to play by the rules has yet to be seen. So far, nothing really has had any deterrent effect on an administration that continues to expand the boundaries of executive power on a daily basis.
Filed Under: dhs, doj, emil bove, ice, kristi noem, mass deportation, trump administration
