'Pretty damning': CNN analyst casts doubt on DOJ's ability to sidestep contempt finding

CNN's Elie Honig casts doubt on the Trump administration's ability to successfully appeal a judge's order on deportation flights.

U.S. District Judge James Boasberg ruled Wednesday that “probable cause exists” to hold Trump officials in criminal contempt for violating his orders to stop deportation flights to El Salvador under the Alien Enemies Act, and Honig said they had little defense for an appeal.

"What jumped out at me on the weekend this all went down, the weekend. The judge held the hearing where he said, 'Wait, stop, turn those planes around,'" Honig said. "[The Department of Justice] told the judge, 'We don't need a hearing this weekend, judge, it's not time for that yet, let's do it Monday.' If the judge had waited until Monday, it would have already been too late, and then, when the judge gave his ruling, turned those planes around. That was actually before the planes were unloaded, so the judge says, 'Do not deport these people,' and even though the judge had said that DOJ unloads those planes and and hands those people over to El Salvador."

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"So when you read this," he added, "it's really hard to argue with the conclusion that DOJ acted intentionally here."

Boasberg noted in his 46-page ruling that he had given the administration ample time to rectify or explain their actions, but he said none of their responses were satisfactory, and Honig said he doesn't see how they could correct those deficiencies in their appeal.

"This judge has been incredibly patient, way more than most judges I ever dealt with, in asking DOJ time and time again to give it the relevant information to decide whether this was intentional or not," Honig said. "Now, DOJ has said they will appeal, they will go up to the circuit court of appeals. It's not clear, by the way, that the court of appeals can even take this case at this point, because the judge has not yet actually found contempt. He just said, 'My next step, if you don't convince me otherwise, is I will find contempt.' I think if it gets to the point where there's an appeal, I think DOJ is going to argue that the judge got it wrong, that this was inadvertent, that this was unintentional, and that he should not find them in contempt."

"I don't know, frankly, how they're going to make that argument," Honig added. "When you look at the actual facts and timeline, because it's really pretty damning."

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