Judge Goes Ballistic Over Migrant Plane Orders
US District Judge James Boasberg held a hearing on Monday after the Trump administration refused to turn two plane-fulls of criminal migrants around mid-flight. He may have even let a third plane take off after his Saturday order halted deportations of suspected Tren de Aragua gang members.
On Saturday, Boasberg put a temporary stop to using the 1789 Alien Enemies Act for these deportations. But DOJ lawyers pointed out that two planes were already in the air—one bound for Honduras and the other for El Salvador. The judge gave a strong verbal order to turn them around, yet his written order left that detail out.
This whole scenario smacks of a power play. As journalist Julie Kelly reported, Monday’s hearing was all about asserting authority. Kelly documented the exchange on X:
Boasberg: I have scheduled this hearing for fact finding on government’s response to my order. Focus on timeline involved and get a sense of numbers of people here. I just want “facts” not planning to issue any ruling about the government’s conduct.
Boasberg asks DOJ if it’s still true that the 5 individual plaintiffs are in the US. DOJ says yes.
“How many planes departed the US on Saturday under the proclamation?” DOJ says flights complied with his order but won’t disclose more to anyone.
Boasberg: “Anyone including me?”
DOJ: “Yes.”
Boasberg: “Based on what?”DOJ cites national security concerns, flight patterns.
Boasberg: “You’re saying it’s classified? I can receive classified information. Or there is some other basis?Why are you showing up today without answers?”
Nothing but a power play.
“I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace,” Boasberg said.
He then piled on a list of questions for the DOJ:
- How many planes left at any time Saturday based solely on the proclamation.
- How many people were on each plane.
- In what country did the planes land.
- What time did they take off and land.
- When were they in air space.
- What time were individuals on the plane transferred to custody.
Kelly further noted, “There are three flights at issue: two that left before any written order (and that DOJ says did not include individuals covered under the Alien Enemies Act) and one that might have departed after Boasberg’s minute order posted around 7:30pm on Saturday,” adding “ACLU wants a sworn statement that third flight did not include illegals covered by proclamation. Boasberg tells DOJ he will order the govt to file a sworn declaration as to the third flight.”
Boasberg made it clear that the DOJ should never have let any planes take off on Saturday. He argued that they were aware his hearing was set for 5pm. In other words, he’s saying the Trump administration shouldn’t have executed the President’s lawful order if a hearing was already on the calendar—maybe even stopping the deportations under the Alien Enemies Act.
“This is batshit crazy,” said Kelly, adding that she would “love to see Boasberg’s comms with ACLU before lawsuit was filed Saturday morning.”
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