A US federal judge has warned that he could hold the Trump administration in contempt for violating his orders to turn around planes carrying deportees to El Salvador.
US District Judge James E. Boasberg said he had found “probable cause” to hold the administration in criminal contempt and warned he could refer the matter for prosecution if it does not “purge” its contempt.
He said the administration could do so by returning those who were sent to El Salvador prison, in violation of his order, to the US.
This, he said, “might avail themselves of their right to challenge their removability”.
“The Constitution does not tolerate wilful disobedience of judicial orders – especially by officials of a coordinate branch who have sworn an oath to uphold it,” the judge wrote.
If the Justice Department refused to prosecute the matter, Judge Boasberg said he would appoint another attorney to prosecute the contempt.
It marks a notable escalation in the ongoing battle between the judicial and executive branches of the US government during Donald Trump’s second term.
Parts of the US president’s legislative programme have been halted by judges, as the administration strains against the legal restraints of the separation of powers.
Mr Trump previously called for Judge Boasberg to be impeached while the Justice Department claimed he overstepped his authority – both reflecting the administration’s attempts to overcome perceived obstacles to its power.
Mr Trump’s administration has also argued it did not violate any orders.
It claimed the judge didn’t include a turnaround directive in his written order and said the planes had already left the US by the time the order came down.
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