In the Courts

Appeals Court Shoots Down Judge Boasberg’s Rogue Probe Of Top Trump Admin Officials As ‘Clear Abuse’

An appeals court smacked down on Tuesday a judge’s sweeping attempt to investigate top Trump administration officials as a “clear abuse of discretion.”

Judge James Boasberg, an Obama appointee, planned to hold contempt hearings to assess whether officials willfully ignored his order to turn planes around carrying alleged members of the Tren de Aragua gang.

“The district court proposes to probe high-level Executive Branch deliberations about matters of national security and diplomacy,” D.C. Circuit Judge Neomi Rao, a Trump appointee, wrote in the court’s 2-1 opinion.

“These proceedings are a clear abuse of discretion, as the district court’s order said nothing about transferring custody of the plaintiffs and therefore lacks the clarity to support criminal contempt based on the transfer of custody,” Rao continued. “Moreover, the government has already provided the name of the responsible official, so further judicial investigation is unnecessary and therefore improper.”

Despite the Supreme Court vacating his initial order blocking deportation because it was filed in the wrong venue, Boasberg found in April 2025 that “probable cause exists to find the Government in criminal contempt” for violating it.

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Katelynn Richardson

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Katelynn Richardson

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