“American citizen or not, criminal or not, people’s right to have the day in court that the Constitution guarantees them is honored [in Judge James Boasberg’s latest ruling],” former prosecutor Joyce Vance wrote on her substack ‘Civil Disclosure.’
Her comments come after Judge Boasberg ruled the government was in criminal contempt of court for disobeying his order by deporting people without due process.
It is true, the Supreme Court ruled the Trump Administration can continue deportations. However, the deportees need to be given due process. Meaning, they need to be given both a notice of deportation and the opportunity to contest being deported before it happens, according to experts.
It is not clear to Vance “who exactly the Judge would hold in contempt.” She called it an “interesting question.” She believes it would likely be the person who “gave the order that kept the planes in the air after the Judge ordered they be turned around. If the government is smart, it will cure the contempt to avoid that inquiry.”
In his ruling, Boasberg penned, “The rule ‘reflects a belief that in the fair administration of justice, no man can be [a] judge in his own case,’ no matter how ‘exalted his station’ or ‘righteous his motives.’… The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it.”
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The former prosecutor and podcaster said of the ruling, “The Judge has embarked on this uncertain process that is certain to make him even more of a target than his initial ruling against the Trump administration did.”
She added it’s not only Boasberg who is at risk, but other judges are too. “That ruling set off a wave of calls for the impeachment of federal judges.”
“There are a lot of twists and turns ahead,” penned Vance. “The government is unlikely to agree to prosecute the contempt, but it is almost certain to delay announcing a decision for as long as possible (unless Trump demands it) in order to keep other proceedings from beginning.”