U.S. District Judge James Boasberg, an Obama appointee who has faced criticism from conservatives for blocking elements of the Trump administration’s deportation policy, reportedly “smirked” and rolled his eyes at Department of Justice attorneys during Thursday’s hearing, according to courtroom reporter Julie Kelly.
Boasberg, who issued a restraining order against Trump’s use of the 1798 Alien Enemies Act and attempted to halt deportation flights midair—including those carrying alleged gang members—reportedly warned administration officials they could face contempt charges for allegedly defying the court’s order. He pressed Deputy Assistant Attorney General Drew Ensign throughout the hearing, repeatedly insisting the government had ignored the emergency injunction issued last month.
The administration has appealed the case to the Supreme Court. Meanwhile, the judge is considering whether there is probable cause for contempt proceedings. “After quite the performance, Jeb Boasberg says he believes probable cause exists to initiate contempt proceedings against Trump [administration] for disobeying his ‘oral ruling’ to return planes March 15,” Kelly wrote in an X post. “He is on a massive power trip and shocking to watch while Congress does nothing.”
In a follow-up post, Kelly noted that the judge displayed visible signs of bias throughout the tense hearing. “What didn’t come across on audio line was Boasberg’s physical theatrics. Glasses on and off, scowling at DOJ lawyer over his glasses, rolling eyes, smirks, etc.,” Kelly reported. “Emmy award winning stuff.” Boasberg said he would issue a decision as early as next week on how to proceed if he finds grounds to hold the administration in contempt, Fox News reported.
During the hearing, Ensign faced repeated questioning about which Trump administration officials were aware of the deportation flights and the exact timing of their departure for El Salvador on March 15. That day, at least 261 migrants were deported, including over 100 Venezuelan nationals identified as gang members, who were removed “solely on the basis” of the law that had been temporarily blocked by the court.
“You maintain that the government was in full compliance with the court’s order on March 15, correct?” Boasberg asked Ensign. The DOJ lawyer answered in the affirmative, to which Boasberg replied, “It seems to me the government acted in bad faith that day.” The judge added: “If you really believed everything you did that day was legal and would survive a court challenge, you would not have operated the way that you did.”