A federal judge called government lawyers “intemperate and disrespectful” as he spanked the Trump administration for carrying out deportations of Venezuelan gang suspects even after the judge had ordered airplanes to be turned around.
Judge James Boasberg, an Obama appointee with 14 years on the bench, said Friday he has never seen that sort of treatment of a judge.
He also signaled serious displeasure with the way the Trump administration last weekend ousted more than 200 Venezuelans, flying them to a terrorist prison in El Salvador. The flights were carried out immediately after President Trump signed a proclamation saying TdA members could be ousted as terrorists under the Alien Enemies Act.
The judge said the speed suggested something sketchy.
“It seems to be the only reason to do that is if you know it’s a problem and you want to get them out of the country,” Judge Boasberg said.
In less than a week, the case has blossomed into a major constitutional showdown between the president and the courts, with Mr. Trump calling for Judge Boasberg’s impeachment and labeling him “a radical left lunatic.”
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Judge Boasberg, for his part, has been frustrated by what he suggested was defiance of his orders through subterfuge.
“Did you tell them that it was an order from me to turn the planes around, or in whatever fashion you could, to bring people back to the United States?” he demanded of Deputy Assistant Attorney General Drew Ensign.
Mr. Ensign said he understood that “intent,” but refused to say what he and government officials talked about, saying that because they were his clients, those conversations could be shielded by attorney-client privilege.
Judge Boasberg delivered a final scolding about “reputation and credibility.”
He said he’s not trying to trample on the president’s foreign affairs and national security powers, but said there must be some chance for a potential deportee to challenge that, even in cases the administration has labeled as “terrorism.”
“Individuals must have a chance to show that they are indeed members of a class that the [Alien Enemies Act] defines. My job is to find out where the balance lies,” the judge said.
He made clear he wasn’t demanding anyone be released into the U.S., and said they could even be deported under the regular immigration laws. He said his rulings only apply to attempts to use the 1700s-era Alien Enemies Act.
Mr. Trump sees the fight differently.
“These are tough criminals and we have to get them out,” the president said on Friday, just before the latest hearing.
He went on to say Judge Boasberg “has no idea what’s going on.”
The Justice Department has argued to an appeals court that Judge Boasberg has gone beyond his powers to interfere with the president’s actions. The department asked the appeals court to boot the judge from the case.
