Full DC Circuit weighs judge's contempt inquiry into Venezuelan deportation flights

A full panel of the U.S. Court of Appeals for the District of Columbia Circuit on Tuesday heard three hours of arguments over whether a district judge may continue a contempt investigation into the Trump administration's deportation of Venezuelan migrants to El Salvador, a case that has become a central flashpoint in the president's escalating conflict with the federal judiciary.

Justice Department attorney Brett Shumate told the court that District Court Chief Judge James Boasberg has no basis to pursue the inquiry, arguing that the power to investigate crimes rests with prosecutors, not judges. "What's gone off the rails in this case is that the district court has purported to investigate," Shumate said.

In April, a divided three-judge panel of the same court ruled that Boasberg must end what it called an "intrusive" contempt investigation. But the questions posed Tuesday suggested the full court could allow the inquiry to proceed. The judges did not indicate when they would rule.

Judge Patricia Millett pressed Shumate on whether district courts may determine if parties have engaged in contempt before them. When Shumate replied that the district court loses the authority to investigate, Millett interjected, raising her voice: "That's not my question. This is all about wordplay here on which you mean by the word 'investigate.'"

Judge Cornelia Pillard said it would undermine the courts' authority if the executive branch treated judicial orders as optional and could ignore them "with impunity." "Really, at bottom what this case is about is whether (federal) courts are at the mercy of the executive," she said. Shumate responded that the department always advises its clients to comply with court orders, adding, "It's also the right thing to do."

The dispute stems from a temporary restraining order Boasberg issued on March 15, 2025, barring the administration from transferring groups of Venezuelan migrants to El Salvador under an 18th century law. After the order was entered, two planeloads of migrants covered by it departed the United States for El Salvador, where they were held in a mega-prison known as the Terrorism Confinement Center, or CECOT. Boasberg gave a verbal order for the aircraft to turn around.

The administration has denied violating that order or a subsequent written one, but Boasberg has said the government may have acted in bad faith by rushing the migrants out of the country. The administration has said then-Homeland Security Secretary Kristi Noem was responsible for the transfer decision. On Tuesday, some judges suggested Boasberg should be able to identify other possible targets for a contempt investigation before referring the matter to a prosecutor.

The Justice Department says it did not violate Boasberg's order "as it was best construed" and accuses the judge, nominated by former President Barack Obama, of pursuing the contempt inquiry "with myopic and single-minded determination." American Civil Liberties Union attorneys say the government's decision to ignore the order had "devastating consequences" for the migrants, who they say were held for four months at CECOT and subjected to horrific physical and psychological abuse, including beatings and being shot at close range with rubber bullets.

President Donald Trump has called for Boasberg's impeachment, and the Justice Department filed a misconduct complaint accusing the judge of making improper public comments about Trump and his administration. In a rare rebuke, Supreme Court Chief Justice John Roberts publicly rejected calls for Boasberg's impeachment.