We will make this a relatively quick post, but this is breaking news:
BOASBERG said the evidence shows willful defiance by the Trump administration that amounts to criminal contempt. Full 46-page opinion: https://t.co/JEbMZ5HDOC pic.twitter.com/iY2GOEeiCJ
— Kyle Cheney (@kyledcheney) April 16, 2025
Now, let us break in here and do a little legal translation. As most people know, ‘contempt of court’ is not about the emotion of contempt or even saying things that indicate the emotion of contempt. It is about disobeying the court. So basically, Judge Boasberg is upset that the administration didn’t turn its planes around in the middle of a hearing, as if he somehow has jurisdiction … outside of America’s jurisdiction.
You also see where the judge says that they can purge the contempt. That is code for ‘you are disobeying an order, but you can fix it.’ So, he is saying that they have until April 23, 2025 to undo any disobedience. The order was to turn planes around in the middle of a hearing because they were deporting several people and the judge wanted to determine whether that deportation was legal. In that context, that sounds a lot like an order to bring these people home.
This would be just after the Supreme Court gently but unanimously rebuked another Judge in the Garcia case for seeming to order something similar. This author hasn’t had a chance to talk about this order, which you can read here...
BTW for anyone who’s curious this is the full Supreme Court order in the Garcia case https://t.co/kKNGEIpejo
— (((Aaron Walker))) (@AaronWorthing) April 16, 2025
...but we will cover it briefly by saying this. There are two key parts of this short opinion. First, the Supreme Court characterizes the order below as follows:
On Friday, April 4, the United States District Court for the District of Maryland entered an order directing the Government to ‘facilitate and effectuate the return of [Abrego Garcia] to the United States by no later than 11:59 PM on Monday, April 7.’
Recommended
Then, later in the opinion, they go on to admit that the deadline is passed because of appeals, so that part is no longer good, but they said:
The rest of the District Court’s order remains in effect but requires clarification on remand. The order properly requires the Government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term ‘effectuate’ in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.
The Supreme Court had no trouble with the term ‘facilitate’ with regard to getting Garcia released because that typically only means to ‘help’ another person or persons to do something—and in this case, that would be the people making up the government of El Salvador. By itself it means that the Trump administration was ordered to return Garcia if the government of El Salvador was willing to give him up. We know now they aren’t.
But the Supreme Court was rightly concerned that 'effectuate' sounded a lot like forcing the Trump administration to actively retrieve Garcia, possibly by force. Basically, they are saying in coded terms to the lower court judge ‘Gee, that sounds like you are asking Trump to send American forces to retrieve Garcia by force, and you couldn’t possibly mean that because a federal judge can’t do that, so why don’t you clarify your ruling to tell everyone that you didn’t mean what you seemingly said?’
So, it was technically upholding that part of the lower court ruling, but, in reality, they were overturning it. And while this author isn’t shocked that clueless reporters are missing this subtlety, we don’t think any federal judge would be confused on this point. The Supreme Court let the lower court save face, but the Supreme Court is are telling the lower court it went too far.
Thus, it is a pretty bold move for Judge Boasberg to try to use contempt to backdoor an order to return these people. Let’s see how that works out for him.
The final bit of translating we will do involves the term ‘probable cause.’ Probable cause is an extremely low standard. It is below the criminal standard of ‘proof beyond a reasonable doubt’ or even the civil standard of the preponderance of the evidence, which is best understood as ‘more likely than not.’ And notably, a judge can use evidence that is ordinarily inadmissible to find probable cause.
We haven’t had a chance to read the entire opinion and determine how strong the evidence is but saying there is probable cause isn’t nothing, but the court is not saying on its face that it has proof. Indeed, in theory it might not even have admissible evidence.
Anyway, here’s the rest of the thread:
👀 Boasberg says if administration won’t prosecute potential contempt, he’ll appoint a prosecutor who will. Boasberg said he’s skeptical of the administration’s invocation of state secrets privilege to deny him information. https://t.co/JEbMZ5HDOC pic.twitter.com/fW3lwo2evu
— Kyle Cheney (@kyledcheney) April 16, 2025
Some reactions, besides clapping seals shouting that ‘this is justice’ or Trump is evil or something like that.
Remember SCOTUS has vacated his two restraining orders Boasberg now claims were defied and the basis of his contempt finding.
— Spitfire (@DogRightGirl) April 16, 2025
This contempt finding means nothing.
I’m betting nothing will come of this. Criminal contempt would be more fearful and the president would just pardon it.
— Nicolle D,esq. 🐾🐾🦄🇦🇲 (@LifeAsNicolle) April 16, 2025
I understand the need for judges decisions to be followed, but a biased decision has to be made an example of.
Yes, it would seem that the president can pardon contempt of court. Indeed, as we were writing this Libs of TikTok published this screenshot from the opinion:
Judge Boasberg just said that Trump officials could face prosecution for contempt because they wouldn't turn deportation planes around MID-FLIGHT of criminal illegal aliens pic.twitter.com/absMsT5MUf
— Libs of TikTok (@libsoftiktok) April 16, 2025
If you don't want to squint, here's the conclusion:
For the foregoing reasons, the Court will find probable cause that Defendants’ actions constitute contempt. It will provide them an opportunity to purge such contempt. If they opt not to do so, the Court will proceed to identify the contemnor(s) and refer the matter for prosecution.
That is, if the Trump administration doesn't obey his order, then he will ask for the Trump administration to be prosecuted by ... the Trump administration.
— (((Aaron Walker))) (@AaronWorthing) April 16, 2025
So that's not likely to happen for blindingly obvious reasons. And we would be very surprised if Judge Boasberg didn't realize this. So that makes this author think that the only purpose in this opinion is to attempt to embarrass the administration, which is not an appropriate purpose.
This is what we call a toothless order. He was told he had no jurisdiction. His original TRO was vacated by SCOTUS. He's begging for disciplinary action against himself.
— Not Jane Austen (@atwaSDOK) April 16, 2025
Hahaha this judge is going to lose he has no authority on this matter. This is a judicial coup. A district judge has no authority on deportations of non citizen MS-13 gang members. Just because Liberals want their illegal aliens to stay and become future liberal voters don’t mean…
— 𝕁𝔼𝔽𝔽𝔼ℝ𝕊𝕆ℕ𝕊 𝕍𝕀𝕆𝕃𝕀ℕ (@Rust_And_Decay) April 16, 2025
The cut off text:
Just because Liberals want their illegal aliens to stay and become future liberal voters don’t mean they are. Biden facilitated an invasion and Trump was elected to reverse it.
Finally:
On road & parked momentarily for a couple things so no time to do tweet thread on JudgeBoasberg’s order. But if he opens his opinion with an outright misrepresentation of what his order was, that tells me rest of substance sucks. pic.twitter.com/2GhtJ4i9Zo
— Margot Cleveland (@ProfMJCleveland) April 16, 2025
We expect Professor Cleveland to say more on this later.
RELATED: WATCH: The New Naked Gun Trailer Drops With the PERFECT OJ Simpson Joke
WATCH: Highlights from Wednesday’s Nintendo Direct Showcasing the Switch 2
WATCH: John Boyega Trashes Star Wars Fans
BREAKING: Marine Le Pen, Leading Candidate for President of France, BANNED From Running for Office
The Question Isn’t Whether Trump Can Revoke Biden’s Pardons. It’s Whether They Were Issued at all
Joe Biden’s Potential Incompetence Threatens Chaos in Our System (And We Should Embrace the Chaos)
Editor’s Note: Radical leftist judges are doing everything they can to hamstring President Trump’s agenda to make America great again.
Help us hold these corrupt judges accountable for their unconstitutional rulings. Join Twitchy VIP and use promo code FIGHT to get 60% off your membership.
Join the conversation as a VIP Member