The Trump administration has called on federal judges to resolve the orders he introduced, except that it would deport foreign members of suspected Venezuelan street gang members from the country under a rarely called wartime law called the Alien Enemy Act.
The Justice Department has also doubled its efforts to avoid giving judge James E. Boasberg. The detailed information he requested about deportation was sought by the federal appeals court sitting on him to intervene and hold off the suit.
Taken together, the twins’ move was made up of separate court documents filed late Monday — showing a continuation of aggressive attempts in offensive attempts against Judge Boasburg, the Supreme Court justice of the U.S. District Court in Washington.
The Justice Department has now effectively opened two fronts in combat. For now, one challenged a fundamental order that would try to prevent deportation and disclosure of information about flights made after the judge’s order was suspended.
Trump attacked Judge Boasberg in a social media post Tuesday morning, but never named him “troublemakers and agitators.” Trump’s remarks came days after the judges declared in a speech before the Justice Department criticizing it as illegal.
The late-night application and Trump’s verbal attacks continued on an extraordinary day of tension between the Trump administration and Justice Boasberg, both inside and outside the courtroom.
At a hearing in Washington on Monday, Justice Department lawyers tested the judge’s authority and patience by completely refusing to provide details on the timing of flights that removed dozens of suspicious members of Tren de Lagua’s gang from the United States to El Salvador.
Citing “national security” concerns, lawyer Abhishek Kambli said all he could give to Judge Boasberg is his assurance that a written version of his order occurred before halting them.
In an even more bold move Monday afternoon, the Department of Justice asked the U.S. Court of Appeals to remove Judge Boasburg from the case, citing the “very rare and inappropriate procedures” he used. That effort was preceded by another act of rebellion as the administration attempted to cancel the court hearing within two hours of its due to commencement.
Filing late Monday in the Court of Appeals, Justice Department lawyers maintained pressure on Judge Boasberg, accusing him of “judicial microcontrolling.” The lawyer asked the appeals judge to freeze the case before the government had to disclose “national security information” about deportation flights.
“Therefore, district courts continue to seek details that are sensitive and often not related to the issues presented,” the lawyer wrote. “Orders and inquiries continue to emphasize the need for a stay pending appeal in this case.”
Early on Tuesday morning, lawyers for five suspected gang members fought back, informing the Court of Appeal that Judge Boasberg had bent backwards to address government concerns by offering to consider confidential or confidential information at the classified facility.
The lawyers also suggested that the government is trying to avoid taking responsibility for possible violations of the judge’s decision.
“If the government’s position is to not disclose to the court any highly relevant information under any circumstances regarding whether or not they intentionally violated a federal court order, there is no reason not to explain why they believe that position is legal,” the lawyer wrote.
Judge Boasberg ordered the Department of Justice to send a written declaration with details of the flight by noon Tuesday.
In a parallel move, the Justice Department asked Judge Boasberg to resolve the temporary restraining order that launched the entire dispute.
The order, issued at the first Saturday night in a hurry at a Zoom hearing, barring the Trump administration from removing one of the five suspicious gang members from the country who filed the underlying lawsuit. Judge Boasberg then issued a second, vaster order, saying that under the Alien Enemy Act of 1798, it would not be possible to expel any suspected members of Tren de Aragua.
In attempting to resolve the order, Justice Department attorneys argued that Judge Boasberg had no authority to issue them in the first place because “the presidential cases they challenge are not subject to judicial review.”
The lawyers also argued that Trump’s decision to deport suspected members of a gang, recently designated as a foreign terrorist organization, is legal under alien enemy law. The law allows governments during an invasion or war to immediately round and eliminate “hostile state or government subjects” from the United States as “an alien enemy” over the age of 14.
The administration has repeatedly argued that suspicious gang members should be considered targets of hostile countries as they work closely with the leadership of the Venezuelan government and the country’s president, Nicolas Maduro. The White House also argues that the arrival of dozens of Tren de Lagua members in the United States constitutes an invasion.
However, all of these claims could face harsh scrutiny as the case moves forward.
The deported Venezuelan lawyer is scheduled to file a filing in the Court of Appeals on Tuesday evening, challenging the government’s request to hold off the case. The lawyer will soon have the opportunity to make their case directly with Judge Boasberg, reaffirming why he believes Trump’s deportation plan is not compliant with alien enemy laws.
