A US federal judge on Wednesday said he has found probable cause to hold the Trump administration in criminal contempt of court for violating his orders to turn around planes carrying deportees to El Salvador.
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US District Judge James E. Boasberg warned he could refer the matter for prosecution if the administration does not “purge” its contempt.
Boasberg said the administration could do so by returning to US custody those who were sent to the El Salvador prison in violation of his order so that they “might avail themselves of their right to challenge their removability”.
If the US Justice Department declines to prosecute the matter, Boasberg said he will appoint another lawyer to prosecute the contempt.
“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,” Boasberg said.
The move marks an escalation in a battle between the judicial and executives branches of government over a president’s powers to carry out key White House priorities.