An appeals court panel handed President Donald Trump a victory in the court battle over deportations of illegal aliens who were sent to a prison for terrorists in El Salvador.
The administration was locked in a court battle with U.S. District Judge James Boasberg, who had issued an order for the administration to stop the flights to the prison. When the flights continued, Boasberg said there was probable cause to find Trump administration officials in criminal contempt for ignoring his order.
‘Dangling this sword of Damocles to compel the Executive to exercise its foreign affairs powers exceeds the court’s authority and is an abuse of discretion.’
On Friday, the U.S. Court of Appeals for the D.C. Circuit sided with Trump in a split decision. Two of the three panel judges ruled in his favor. Both of the judges were appointed by Trump.
“Dangling this sword of Damocles to compel the Executive to exercise its foreign affairs powers exceeds the court’s authority and is an abuse of discretion,” Judge Neomi Rao wrote. “What a court lacks the power to do directly, it cannot accomplish indirectly.”
An attorney for the ACLU suggested that they are considering filing an appeal.
“We strongly disagree with the ruling and are considering all options going forward,” Lee Gelernt said. “The opinion brushes aside the considerable evidence that has emerged that DOJ’s lawyers understood the order at the time and simply ignored it.”
Boasberg had ruled that the Trump administration had not provided the illegal aliens with the proper due process when he invoked the Alien Enemies Act of 1798 to send them to El Salvador. The administration designated the vicious gang Tren de Aragua a terror threat and used that designation to immediately deport suspected gang members.
When the issue was taken up by the U.S. Supreme Court, all nine justices found that illegal aliens had some due process rights to be given proper notice and to argue their case against the government labeling them gang members.
A smaller majority vacated the ruling from Boasberg to block the deportations and allowed the administration to continue with its plans.
RELATED: Pam Bondi slaps Judge Boasberg with misconduct allegations
The full 11-member appeals court could take up the case. The full court has seven Democratic appointees and four Republican appointees.
In July, U.S. Attorney General Pam Bondi filed a complaint against Boasberg over private comments he made suggesting that if the Trump administration ignored judicial rulings, it would result in a constitutional crisis. Bondi alleged that the comments undermined the integrity of the judiciary.
Boasberg could be impeached from the bench if the complaint is found to have merit.
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