The DC Circuit Court of Appeals on Friday temporarily halted Judge Boasberg’s contempt order against Trump Admin officials.
The three-judge panel included: Pillard (Obama), Katsas (Trump) and Rao (Trump).
Pillard said she would not have issued the administrative stay.
“ORDERED, on the court’s own motion, that the district court’s contempt-related order entered on April 16, 2025, be administratively stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for a stay pending appeal or a writ of mandamus and should not be construed in any way as a ruling on the merits of that motion,” the appeals court said.
On Wednesday Judge James Boasberg said he found probable cause to hold the Trump Administration in criminal contempt of court for defying his order to turn around planes carrying dangerous Venezuelan gang members.
In a 46-page opinion, Judge Boasberg said the Trump Administration showed willful defiance that amounts to criminal contempt.
Boasberg also threatened to appoint a prosecutor if the Trump Administration won’t prosecute the criminal contempt.
“In the event that Defendants do not choose to purge their contempt, the Court will proceed to identify the individual(s) responsible for the contumacious conduct by determining whose “specific act or omission” caused the noncompliance. At the suggestion of the Government in the last hearing, the Court will begin by requiring declarations. Should those be unsatisfactory, the Court will proceed either to hearings with live witness testimony under oath or to depositions conducted by Plaintiffs. The next step would be for the Court, pursuant to the Federal Rules of Criminal Procedure, to “request that the contempt be prosecuted by an attorney for the government. If the government “declines” or “the interest of justice requires,” the Court will “appoint another attorney to prosecute the contempt,” Judge Boasberg wrote.
BOASBERG said the evidence shows willful defiance by the Trump administration that amounts to criminal contempt. Full 46-page opinion: https://t.co/JEbMZ5HDOC pic.twitter.com/iY2GOEeiCJ
— Kyle Cheney (@kyledcheney) April 16, 2025
Last month, Judge Boasberg granted a temporary restraining order (TRO) to stop the Trump administration from deporting thousands of Venezuelan nationals believed to be members of Tren de Aragua (TdA) gang under the Alien Enemies Act.
In an unsigned order earlier this month, the US Supreme Court on Monday vacated Judge Boasberg’s orders barring the Trump Administration’s removals of Venezuelan gang members under the Alien Enemies Act.
The high court said Boasberg lacked jurisdiction.
The Supreme Court however, said the Administration must give reasonable notice for gang members to challenge their deportations in court.
Earlier this month Judge Boasberg signaled that he would hold the Trump Administration in contempt for violating his order (they didn’t).
Boasberg threatened to hold Trump officials in contempt for not bringing some of the world’s most vicious killers, criminals, and rapists back to the United States.
The DC Circuit Court said the appellees must respond by next Wednesday and any reply is due by next Friday.
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