Legal expert doubts judge's ability to hold Trump administration members in contempt
Last month saw the Trump administration fly a group of alleged foreign gang members to El Salvador despite a federal judge's order that their planes turn around.
Although U.S. District Judge James Boasberg has suggested that administration officials may be held in contempt, one legal expert says that it is Boasberg who should face consequences.
Legal scholar: "You can't just bring planes back"
According to Newsmax, that position was put forward on Wednesday by Harvard Law School professor and veteran attorney Alan Dershowitz.
Specifically, Dershowitz said during an episode of Newsmax's "The Record With Greta Van Susteren" that "the person who should be held in contempt is Judge Boasberg for issuing such a vague order."
"He issues an order first orally, in which he talks about bringing the planes back. You can't just bring planes back," Dershowitz pointed out.
"That's not easy. That might not be safe. And then he issues a written order, which is the binding order," the legal scholar noted.
Alleged gang members removed under the Alien Enemies Act
"Look, I've been practicing law for 60 years, and what I was always taught is you follow the judge's written order. And as I understand it, there was no written order requiring bringing back these folks," Dershowitz stressed.
"He's flexing his muscle. He will be reversed on appeal," Dershowitz predicted before adding, "The United States Supreme Court is not going to allow criminal contempt against an administration for violating as vague an order as was allegedly violated in this case."
Boasberg called for the return of planes carrying deportees during a hearing over President Donald Trump's authority to deport foreigners under the auspices of the Alien Enemies Act.
The removed individuals are said to be members of Tren de Aragua, a Venezuelan gang which Trump had previously designated as a foreign terrorist organization.
Judge threatens to have administration figures prosecuted
CBS News reported that Boasberg found the administration had "deliberately flouted" his order and threatened to hold hearings and recommend criminal charges.
What's more, the federal judge also suggested that he may hire a private attorney to prosecute the case in the event that the Department of Justice (DOJ) refuses to do so.
Boasberg said the administration could avoid this outcome by bringing the alleged gang members back to the U.S. so that they may seek relief in court.
Should the government opt to do so, then officials will have one week to file papers "explaining the steps they have taken and will take."