A federal appeals court voted 2-1 to void a judge’s finding of probable cause to hold Trump officials in criminal contempt for defying an order to stop deportation flights to El Salvador.
The D.C. Circuit said the judge’s actions raised immediate legal concerns, justifying intervention. U.S. Circuit Judge Neomi Rao, who was in the majority, wrote: “The order forces a coequal branch to choose between capitulating to an unlawful judicial order and subjecting its officials to a dubious prosecution.”
Trump appointees Judges Rao and Katsas formed the majority, while Judge Pillard, appointed by Obama, dissented. She praised Judge Boasberg’s handling of the case, which has drawn impeachment threats from Trump and criticism from his supporters.
“Even when faced with what reasonably appeared to him to be foot dragging, evasion, and outright disregard for his jurisdiction and his orders, he responded with unfailing composure,” Pillard wrote. “The majority does an exemplary judge a grave disservice by overstepping its bounds to upend his effort to vindicate the judicial authority that is our shared trust.”
Our @TheJusticeDept attorneys just secured a MAJOR victory defending President Trump’s use of the Alien Enemies Act to deport illegal alien terrorists.
The D.C. Circuit Court of Appeals affirmed what we’ve argued for months: Judge Boasberg’s attempt to sanction the government…
— Attorney General Pamela Bondi (@AGPamBondi) August 8, 2025
Judge Boasberg, an Obama appointee, drew national attention after being assigned the first case challenging Trump’s use of the Alien Enemies Act to deport alleged Venezuelan gang members to a Salvadoran megaprison. He ordered the administration to halt any deportation flights, but the Supreme Court later overturned that order. Boasberg still accused officials of ignoring his directive and sought to hold them accountable.
The D.C. Circuit paused contempt proceedings with an administrative stay in April while reviewing the Trump administration’s appeal. During that time, DOJ whistleblower Erez Reuveni alleged top officials, including Emil Bove, discussed defying court orders on the Alien Enemies Act, with Bove reportedly suggesting they tell the courts “f— you.” Reuveni also claimed officials continued ignoring Judge Boasberg’s order, citing vague responses from attorney Drew Ensign about ongoing deportation flights.
