In a 2-1 ruling, the D.C. Circuit Court of Appeals issued a writ of mandamus Tuesday rebuking U.S. District Judge James Boasberg, saying that he overstepped his authority by pursuing the charges against former Homeland Security Secretary Kristi Noem and other administration officials. In March 2025, DHS quickly deported over 100 Venezuelans that the administration claimed were gang members, invoking the Alien Enemies Act to justify their removal without due process.
Boasberg subsequently ruled that “probable cause exists to find the government in criminal contempt” for the government’s defiance of his order, but over the next year, the administration dodged the contempt charges with multiple appeals to the D.C. Circuit Court of Appeals, which deliberated on whether Boasberg had the authority to hold the federal government in contempt.
“The district court proposes to probe high-level Executive Branch deliberations about matters of national security and diplomacy,” Rao in the majority opinion. “These proceedings are a clear abuse of discretion.”
Incensed over Boasberg, Trump called for his impeachment last year, earning a rare, but light rebuke from Supreme Court Chief Justice John Roberts who warned about attacks on the judicial branch of government. While Boasberg isn’t being penalized with this ruling, the White House will be happy that none of its officials, for now, won’t face penalties for breaking the law.
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