Boasberg 15 March 2025 Hearing—The Trump Administration Did Not Ignore a Court Order, Judge Boasberg Ignored Presidential Authority & Admitted as Much

Reviewing March 15 Venezuelan terrorist hearing transcript. This is the proceeding where Boasberg claimed to have issued a verbal order demanding return of the TdA gang members.

This is....something.

Boasberg: "These folks are going to be sent to Salvadoran or Honduran prisons,…

— Julie Kelly 🇺🇸 (@julie_kelly2) March 21, 2025

… which were not going to be terribly receptive to Venezuelans, particularly whom you have labeled TDA, and so not only are they going to be deported, but it's not going to be to a friendly countryside, but to prisons. So why isn't--don't you think that's irreparable [harm]?"

He showed no such concern for Trump supporters when sending them to federal prisons.

Boasberg on a number of occasions acknowledged the rushed proceedings. At the start of the hearing, he apologized for his casual dress--he didn't have his robe or even a dress shirt because he had been out of town--and admitted he was scrambling for information related to his authority.

He was just spitballing during the entire hearing.

Boasberg: "The president has unreviewable authority to determine whether a state of war actually exists, and if so, to remove enemy aliens in the manner he wishes. So the question is does such authority extend to other determinations within the statute such as invasion or predatory incursion or foreign nation or government. And that, unfortunately, is a question of first impression here."

SO WHY DID HE ENTER A HOLD ON THE PRESIDENT'S PROCLAMATION IF HE WASN'T EVEN SURE HE HAD PROPER AUTHORITY TO DO SO?

Boasberg: "I mean, once they are out of the country, I'm not sure what I can do there."

Boasberg determining on his own what the language in the Alien Enemies Act covers. Just unf*ckingbelievable:

"The AEA does not provide a basis for the president's proclamation given that the terms invasion, predatory incursion really relate to hostile acts perpetrated by enemy nations and commensurate to war.

Also the terms nation and government do not apply to non-state actors like criminal gangs. And the statute doesn't refer in my interpretation to unauthorized presence of individuals here including individuals who have entered illegally.

And so as a result, I don't think the AEA provides a basis for removal under this proclamation."

The Trump administration did not ignore a court order.

Jeb Boasberg ignored presidential authority and admitted as much.

"A brief delay in their removal does not cause the government harm, and I haven't heard any harm from the government beyond general infringement on presidential powers which, again, I don't take lightly."

Yes. Yes you do.

[Thread]

Boasberg during end of hearing, approximately 6:45pm ["verbal" order]

So I find that a TRO is appropriate for the class members, and it would be to prevent the removal of the class for 14 days or until further order of the Court. And the class will be all noncitizens in U.S. custody who are subject to the proclamation of March 15, 2025 and its implementation.

A minute later, Boasberg--after admitting the case presents significant separation of powers questions as well as doubting his own authority over illegals outside the US--orders the return of planes outside of US airspace:

So, Mr. Ensign, the first point is that I -- that you shall inform your clients of this immediately, and that any plane containing these folks that is going to take off or is in the air needs to be returned to the United States, but those people need to be returned to the United States. However that's accomplished, whether turning around a plane or not embarking anyone on the plane or those people covered by this on the plane, I leave to you. But this is something that you need to make sure is complied with immediately.

A half hour later, Boasberg published his minute order.

It makes no mention of returning airplanes. This is the order the DOJ argues is controlling.

Why didn't he memorialize that part of what he calls his "verbal" order?

MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) Plaintiffs' 4 Motion for Class Certification is GRANTED insofar as a class consisting of "All noncitizens in U.S. custody who are subject to the March 15, 2025, Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua' and its implementation" is provisionally certified; 2) The Government is ENJOINED from Plaintiffs' Opposition due by March 19, 2025; and 4) The hearing set for March 17, 2025, is VACATED and RESET for March 21, 2025, at 2:30 p.m. via Zoom. So ORDERED by Chief Judge James E. Boasberg on 3/15/2025. (Icjeb1)

[Thread]

Federal District Judge Jeb Boasberg has made multiple 1st year law student level mistakes here.

Oral and written Federal court orders always default to the written order in event of conflict.

And given the oral order mentioning the flights was ex parte - without a DoJ lawyer…

— Trent Telenko (@TrentTelenko) March 21, 2025

… in the room - it was the plaintiff's job to communicate before the planes left the ground.

If the judge wanted the planes stopped it should have been in the written order.