Appeals Court Pauses for Now Contempt Proposal by Trial Judge

A federal appeals court on Friday night put off for the moment a plan by a trial judge to open contempt proceedings to determine whether the Trump administration had violated an order he issued last month stopping flights of Venezuelan migrants from being sent to El Salvador under a powerful wartime statute.In a single-page order, a three-judge panel of the U.S.Court of Appeals for the District of Columbia said that it was entering what is known as an administrative stay to give itself more time to consider the validity of the contempt proposal by the trial judge, James E.

Boasberg.On Wednesday, Judge Boasberg, concerned that the White House had ignored his order to pause all deportation flights headed to El Salvador under the wartime law, known as the Alien Enemies Act, gave Trump officials a choice.He said they could provide the men who were sent without hearings to El Salvador the due process they had been denied or they could face a searching contempt investigation into who among them was responsible for having not complied with his directives.In court papers filed on Friday morning, lawyers for the Justice Department told the appeals court that neither option was acceptable.

The lawyers accused Judge Boasberg of overstepping his authority by seeking, on the one hand, to tell the Trump administration how to conduct foreign policy and, on the other, to effectively try to assume the role of an investigating prosecutor.The appeals court made clear that it was not ruling on the merits of the Justice Department’s accusations.The panel simply wanted additional time to consider the complexities of Judge Boasberg’s plan.That plan, laid out in an order this week, suggested that the judge was trying to pin down who in the administration was behind what he called the “willful disregard” of his oral instructions issued during a hearing on March 15.

Speaking from the bench that day, he said any deportation flights headed to El Salvador under the Alien Enemies Act ...