The Constitution does not tolerate willful disobedience of judicial orders — especially by officials of a coordinate branch who have sworn an oath to uphold it. To permit such officials to freely “annul the judgments of the courts of the United States” would not just “destroy the rights acquired under those judgments”; it would make “a solemn mockery” of “the constitution itself.” United States v. Peters, 9 U.S. (5 Cranch) 115, 136 (1809) (Marshall, C.J.). — from Judge Boasberg’s opinion.
Today, Judge Boasberg issued a slightly complicated opinion and order regarding the Trump executive’s apparent contempt of court in obeying his orders regarding Venezuelans the executive surreptitiously captured and sent to prison in El Salvador. The complexity is actually brilliant.
Boasberg found that there is “probable cause” for finding Trump officials in criminal contempt. Boasberg also set out a procedure for eventually reaching a criminal contempt judgment. That procedure ensures due process for any Trump official fined or jailed while keeping the public spotlight on the Trump executive’s likely refusal to obey the court yet again.








