Boasberg, James E

Subterms

    More stories

    • 138 Shares119 Views

      in Elections

      Trump’s Judicial Defiance Is New to the Autocrat Playbook, Experts Say

      by

      The president’s escalating conflict with federal courts goes beyond what has happened in countries like Hungary and Turkey, where leaders spent years remaking the judiciary.President Trump’s intensifying conflict with the federal courts is unusually aggressive compared with similar disputes in other countries, according to scholars. Unlike leaders who subverted or restructured the courts, Mr. Trump is acting as if judges were already too weak to constrain his power.“Honest to god, I’ve never seen anything like it,” Steven Levitsky, a Harvard political scientist and coauthor of “How Democracies Die” and “Competitive Authoritarianism.”“We look at these comparative cases in the 21st century, like Hungary and Poland and Turkey. And in a lot of respects, this is worse,” he said. “These first two months have been much more aggressively authoritarian than almost any other comparable case I know of democratic backsliding.”There are many examples of autocratic leaders constraining the power of the judiciary by packing courts with compliant judges, or by changing the laws that give them authority, he said. But it is extremely rare for leaders to simply claim the power to disregard or override court orders directly, especially so immediately after taking office.In Turkey, President Recep Tayyip Erdogan has purged thousands of judges from the judiciary as part of a broader effort to consolidate power in his own hands. But that required decades of effort and multiple constitutional changes, Mr. Levitsky said. It only became fully successful after a failed 2016 coup provided a political justification for the purge.In Hungary, Prime Minister Victor Orban packed the constitutional courts with friendly judges and forced hundreds of others into retirement, but did so over a period of years, using constitutional amendments and administrative changes.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares129 Views

      in Elections

      Trump Administration Pushes Back Against Judge’s Orders on Deportations

      by

      The Trump administration has asked a federal judge to dissolve the orders he put in place this weekend barring it from deporting suspected members of a Venezuelan street gang from the country under a rarely invoked wartime statute called the Alien Enemies Act.The Justice Department also doubled down on its efforts to avoid giving the judge, James E. Boasberg, the detailed information he had requested about the deportations, asking the federal appeals court that sits over him to intervene and put the case on hold.Taken together, the twin moves — made in separate sets of court papers filed late on Monday — marked a continuation of the Trump’s administration’s aggressive attempts to push back against Judge Boasberg, the chief judge of the Federal District Court in Washington, who temporarily halted one of President Trump’s signature deportation policies.The Justice Department has now effectively opened up two fronts in the battle: one challenging the underlying orders that paused, for now, the deportation flights and another seeking to avoid disclosing any information about the flights that could indicate they took place after the judge’s orders stopping them were imposed.Mr. Trump attacked Judge Boasberg in a social media post on Tuesday morning, albeit without naming him, as “a troublemaker and agitator,” and called for his impeachment. Mr. Trump’s remarks came days after he declared during a speech at the Justice Department that criticizing judges should be illegal.The late night filings and Mr. Trump’s verbal assault followed a day of extraordinary tension between the Trump administration and Judge Boasberg, both inside and outside the courtroom.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares169 Views

      in Elections

      Timeline of Trump’s Deportation Flights, From Alien Enemies Act to Judge’s Order

      by

      The federal judge’s ruling was clear: The Trump administration could not use an obscure wartime law from the 18th century to deport people without a hearing.If any planes were already in the air, the judge said, they should turn back.That did not happen. Instead, the Trump administration sent more than 200 migrants to El Salvador over the weekend, including alleged gang members, on three planes.A New York Times review of the flight data showed that none of the planes in question landed in El Salvador before the judge’s order, and that one of them did not even leave American soil until after the judge’s written order was posted online. During a Monday court hearing, a Justice Department lawyer argued that the White House had not defied the order by the judge, James E. Boasberg of the Federal District Court in Washington. The lawyer, Abhishek Kambli, argued that the judge’s decision was not complete until it was codified in written form. And — crucial to the government’s explanation — the written version did not include the specific instruction to turn planes around. Mr. Kambli also argued that while the third plane contained deportees, their cases were not covered by the judge’s order. More

    • 125 Shares99 Views

      in Elections

      With Deportations, Trump Steps Closer to Showdown With Judicial Branch

      by

      The Trump administration moved one large step closer to a constitutional showdown with the judicial branch of government when airplane-loads of Venezuelan detainees deplaned in El Salvador even though a federal judge had ordered that the planes reverse course and return the detainees to the United States.The right-wing president of El Salvador, Nayib Bukele, bragged that the 238 detainees who had been aboard the aircraft were transferred to a Salvadoran “Terrorism Confinement Center,” where they would be held for at least a year.“Oopsie … Too late,” Mr. Bukele wrote in a social media post on Sunday morning that was recirculated by the White House communications director, Steven Cheung.Around the same time, Secretary of State Marco Rubio, in another social media post, thanked Mr. Bukele for a lengthy post detailing the migrants’ incarceration.“This sure looks like contempt of court to me,” said David Super, a law professor at Georgetown University. “You can turn around a plane if you want to.”Some details of the government’s actions remained unclear, including the exact time the planes landed. In a Sunday afternoon filing, the Trump administration said the State Department and Homeland Security Department were “promptly notified” of the judge’s written order when it was posted to the electronic docket at 7:26 p.m. Eastern time on Saturday. The filing implied that the government had a different legal authority for deporting the Venezuelans besides the one blocked by the judge, which could provide a basis for them to remain in El Salvador while the order is appealed.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 163 Shares169 Views

      in Elections

      Trump Sends Hundreds of Venezuelans to El Salvador in Face of Judge’s Order

      by

      The Trump administration has sent hundreds of Venezuelans accused of being gang members to a prison in El Salvador, pushing the limits of U.S. immigration law seemingly after a federal judge ordered that the deportation flights not proceed.President Nayib Bukele of El Salvador posted a three-minute video on social media on Sunday of men in handcuffs being led off a plane during the night and marched into prison. The video also shows prison officials shaving the prisoners’ heads.“Today, the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country,” Mr. Bukele wrote, adding that “The United States will pay a very low fee for them, but a high one for us.”The Trump administration hopes that the unusual prisoner transfer deal — not a swap but an agreement for El Salvador to take suspected gang members — will be the beginning of a larger effort to use the Alien Enemies Act of 1798 to rapidly arrest and deport those it identifies as members of Tren de Aragua without many of the legal processes common in immigration cases.The Alien Enemies Act allows for summary deportations of people from countries at war with the United States. The law, best known for its role in the internment of Japanese Americans during World War II, has been invoked three times in U.S. history — during the War of 1812, World War I and World War II — according to the Brennan Center for Justice, a law and policy organization.On Saturday, Judge James E. Boasberg of Federal District Court in Washington issued a temporary restraining order blocking the government from deporting any immigrants under the law after President Trump issued an executive order invoking it.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 138 Shares129 Views

      in Elections

      Secret Files in Election Case Show How Judges Limited Trump’s Privilege

      by

      The partly unsealed rulings, orders and transcripts open a window on a momentous battle over grand jury testimony that played out in secret, creating important precedents about executive privilege.Court documents unsealed on Monday shed new light on a legal battle over which of former President Donald J. Trump’s White House aides had to testify before a grand jury in Washington that charged him with plotting to overturn the 2020 election, showing how judges carved out limits on executive privilege.The trove — including motions, judicial orders and transcripts of hearings in Federal District Court in Washington — did not reveal significant new details about Mr. Trump’s efforts to cling to power. But it did open a window on important questions of presidential power and revealed how judges grew frustrated with Mr. Trump’s longstanding strategy of seeking to delay accountability for his attempts to overturn his defeat to Joseph R. Biden Jr.The documents also created important — if not binding — precedents about the scope of executive privilege that could influence criminal investigations in which a current or former president instructs subordinates not to testify before a grand jury based on his constitutional authority to keep certain internal executive branch communications secret.Starting in the summer of 2022, and continuing with the appointment of Jack Smith as special counsel later that year, the Justice Department undertook a wide-ranging and extraordinary effort to compel grand jury testimony from several close aides to Mr. Trump. Prosecutors believed the aides had critical information about the former president’s attempts to overturn the results of the election.The effort, which ended in the spring of the following year, was largely intended to obtain firsthand accounts from key figures who had used claims of executive privilege and other legal protections to avoid testifying to investigators on the House committee that examined the Jan. 6, 2021, attack on the Capitol and the events leading up to it.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 163 Shares129 Views

      in Elections

      Lawyer Who Tried to Set Off Bomb Outside of Chinese Embassy Pleads Guilty

      by

      Christopher Rodriguez tried to detonate a bag of explosives at the embassy in Washington, D.C., by firing a rifle at it but missed, prosecutors said.A Florida lawyer pleaded guilty on Friday to placing a bag of explosives near the Chinese Embassy in Washington, D.C., and trying to detonate it with a rifle, according to court records.This was not the first time the lawyer, Christopher Rodriguez, had attempted a detonation, prosecutors said. He had previously set off explosives in 2022 that caused “significant damage” to a statue of the Communist leaders Vladimir Lenin and Mao Zedong in San Antonio, Texas, by shooting at canisters of explosives with a rifle, according to court records.But when Mr. Rodriguez, 45, of Panama City, Fla., employed a similar tactic by shooting at a 15-pound backpack of explosives that he dropped near the fence of the Chinese Embassy on Sept. 25, 2023, he missed, and the explosives did not detonate, according to court records.Federal authorities say a Florida lawyer tried to detonate a backpack with explosives outside the Chinese Embassy in Washington in September.U.S. District Court for the District of ColumbiaMr. Rodriguez pleaded guilty in the U.S. District Court for the District of Columbia to damaging property occupied by a foreign government, using explosive materials to cause malicious damage to federal property, and receipt or possession of an unregistered firearm.The charges cover his attack on the statue in San Antonio and his attempt to damage the Chinese Embassy.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares169 Views

      in Elections

      Judge Gives Prosecutors Access to G.O.P. Lawmaker’s Messages in Jan. 6 Case

      by

      The roughly 1,700 messages are from the cellphone of Representative Scott Perry, who was involved in discussions with Trump administration officials about overturning the election.A federal judge has allowed the special counsel investigating former President Donald J. Trump’s attempt to overturn the 2020 election access to about 1,700 messages from the seized phone of Representative Scott Perry of Pennsylvania.Mr. Perry, the chairman of the right-wing House Freedom Caucus who played a role in attempts to overturn the election, had sought to keep the messages from prosecutors. But in an order late Tuesday, James E. Boasberg, the chief judge of the Federal District Court in Washington, prohibited federal prosecutors from retrieving just 396 messages from more than 2,000.Judge Boasberg wrote that those messages were covered by the Constitution’s speech or debate clause, which provides protections for lawmakers’ legislative discussions, while also ordering that a majority be turned over.The messages could offer additional evidence for Jack Smith, the special counsel leading the federal election case against Mr. Trump. Judge Boasberg said they concerned Mr. Perry’s attempts to get information about possible voter fraud; influence people outside the federal government; discuss Vice President Mike Pence’s certification of Joseph R. Biden Jr.’s victory; and communicate about the Jan. 6, 2021, attack on the Capitol.A lawyer for Mr. Perry did not immediately respond to a request for comment.As federal officials investigated the effort to overturn the 2020 election, the F.B.I. seized Mr. Perry’s personal cellphone in the summer of 2022 and created a forensic copy of its contents. The F.B.I. later returned the phone and told Mr. Perry he was not the target of the investigation, his lawyer said at the time.“The Justice Department informed us that Representative Perry is not a target of its investigation,” the lawyer, John Irving, said in a statement. “Representative Perry has directed us to cooperate with the Justice Department in order to ensure that it gets the information it is entitled to, but to also protect information that it is not entitled to.”Mr. Perry then filed a motion to prohibit investigators from getting the messages, arguing that they were protected under the Constitution. He lost that motion, but an appellate court ordered a judge to review the communications on a document-by-document basis.In the weeks after the 2020 election, Mr. Perry was among at least 11 Republican members of Congress involved in discussions with Trump administration officials about overturning the results, according to the House committee that investigated the Jan. 6 attack. Those included plans to pressure Mr. Pence to throw out electoral votes from states won by Mr. Biden. Mr. Perry also endorsed the idea of encouraging supporters to march to the Capitol, the committee said.He played an active role in the attempt to replace Jeffrey A. Rosen, then the acting attorney general, with a more compliant official, Jeffrey Clark. More