Appeals court orders Judge James Boasberg to end criminal contempt proceedings against Trump officials

A split decision from an appeals court panel on Tuesday instructed District Judge James Boasberg to halt a contempt investigation involving Trump administration officials connected to deportation flights. The court deemed that the judge had overreached his authority by initiating the criminal probe.

In a 2-1 decision, the DC Circuit Court of Appeals concluded that Judge Boasberg, appointed during the Obama administration, had improperly pursued contempt charges against former Homeland Security Secretary Kristi Noem and other high-ranking officials. These charges were linked to the deportation of several hundred Venezuelan migrants to El Salvador in March.

Judge Boasberg had aimed to assess whether officials from the Trump administration had knowingly ignored his emergency order, which sought to block the deportation flights.


A man in a judge's robe and tie looks to the left.
Boasberg sought to investigate whether the Trump administration violated a court order blocking deportation flights to El Salvador.

Judge Neomi Rao, appointed by President Trump, voiced the majority opinion, stating, “The district court aims to delve into high-level Executive Branch decisions concerning national security and diplomatic issues. Such actions represent a clear misuse of judicial discretion.”

Rao criticized Boasberg’s contempt investigation as excessively “intrusive” and described it as a “legal dead end,” noting that the judge’s initial order did not mention transferring custody of the Venezuelan migrants to authorities in El Salvador.

Rao further argued, “In our constitutional government framework, criminal accountability cannot be based on a district court judge’s unstated intentions or retrospective claims.”

Judge J. Michelle Childs, an appointee of former President Joe Biden, authored a blistering 80-page dissent.  

“Contempt of court is a public offense, and the fate of our democratic republic will depend on whether we treat it as such,” Childs wrote. 

“Without the contempt power, the rule of law is an illusion, a theory that stands upon shifting sands,” she added.

In siding with the Trump administration, the majority “stymied the district court’s inherent and statutory powers and done so in a way that will affect not only these contempt proceedings but will also echo in future proceedings against all litigants,” Childs argued. 

“Now, any litigant can argue, based on their preferred interpretation of a court’s order, that they did not commit contempt before contempt findings are even made.” 


President Donald Trump in a dark suit and red tie.
Trump has described Boasberg as a “highly conflicted” judge. POOL via CNP/INSTARimages.com

Boasberg has suggested the Trump administration may have rushed to deport suspected Tren de Aragua gang members to El Salvador under the 1798 Alien Enemies Act in defiance of his March 15, 2025 court order. The judge maintains that the Trump administration’s responses to his questions about the deportation flights have been unsatisfactory. 

The Justice Department filed a misconduct complaint against Boasberg last year, accusing him of making improper public comments about the president and his administration. 

Trump has further demanded that Boasberg be impeached over his handling of several cases related to his second-term policies.

The White House on Tuesday appeared vindicated by the appeals court’s ruling.  

“We have long known that Judge Boasberg is a far-left judicial activist trying to undermine the President’s lawful authority, this is just further proof,” White House spokeswoman Abigail Jackson told The Post. 

“No matter how many unelected, radical left-wing judges attempt to impede the American people’s agenda, President Trump will not be deterred and justice will ultimately prevail.”

You May Also Like

Vance says Moscow's advantage is flailing as NATO leaders back Ukraine taking fight to Russia

Vance Says Russia’s Edge Is Crumbling as NATO Backs Ukraine Strikes Inside Russia

WASHINGTON — Vice President JD Vance said Monday that the White House…
How Tyler Robinson hearing is an attempt to end vile Charlie Kirk conspiracy theories once and for all

Tyler Robinson Hearing Aims to Put Charlie Kirk Conspiracy Theories to Rest

Erika Kirk and prosecutors have argued for keeping proceedings against Tyler Robinson,…
Search called off after body matching missing teen Nolan Wells found off Mississippi coast

Search Ends After Body Believed to Be Missing Teen Nolan Wells Found Off Mississippi Coast

Authorities have ended the search for a Mississippi teenager who disappeared over…
US Fans Give Voice to Their Sadness After Disastrous 4-1 Loss to Belgium: 'Make It Stop'

US Fans Left Reeling After Belgium’s 4-1 Win Sparks Frustration

There is no gentle way to frame it: the U.S. Men’s National…
'Mayhem' erupts in wealthy coastal enclave as hundreds arrested in massive takeover during July Fourth weekend

Hundreds Arrested After July Fourth Weekend Takeover Sparks Chaos in Wealthy Coastal Enclave

A chaotic Fourth of July weekend on the West Coast led to…
Maine Dems can still dump Graham Platner — as long as he makes a key deadline

Maine Democrats Still Have Time to Replace Graham Platner Before Key Deadline

Maine Democrats still have an opportunity to replace Senate nominee Graham Platner…
Disney debuts first trailer for Oasis reunion documentary 'Don't Look Back in Anger'

Oasis Are Back: Disney Drops First Trailer for Reunion Documentary Don’t Look Back in Anger

A first glimpse has arrived for the much-anticipated documentary “Don’t Look Back…
Raleigh mayor considers youth curfew following teen takeover, violent July 4th weekend

Raleigh Mayor Weighs Youth Curfew After Teen Takeover, Violent July 4 Weekend

Raleigh, North Carolina, Mayor Janet Cowell is considering a curfew for minors…
Arlington Heights, Illinois considers allowing open containers for proposed 'sip and stroll' in alfresco zone

Arlington Heights Weighs Open-Container Rules for Proposed Sip-and-Stroll Alfresco Zone

ARLINGTON HEIGHTS, Ill. (WLS) — What began as a pandemic-era fix for…
NYC school bosses changed F grade in advanced placement class, then targeted teacher who exposed the scheme: lawsuit

NYC School Leaders Accused of Changing AP Student’s F Grade and Retaliating Against Whistleblower Teacher

In this case, the “F” allegedly stood for “fixed.” Administrators at a…
Pregnant NYC teacher kicked in belly by student, then blamed for it and fired, lawsuit alleges

Lawsuit Claims Pregnant NYC Teacher Was Fired After Student Kicked Her in the Stomach

A pregnant special-education teacher in New York City says she was kicked…
What are Trump Accounts for kids? Trump Account offers $1,000 seed money for some, but advisors say they may not fit every family

Trump Accounts for Kids: Who Qualifies for the $1,000 Start and Why Advisors Urge Caution

CHICAGO (WLS) — President Donald Trump is touting a new child-focused savings…