Donald Trump’s confrontation with the United States Justice system is a pressure cooker and the tension between the two powers this Wednesday has approached one more step to the outbreak. He federal judge James Baesberg, that on March 15 he urged the government of the Republican president to stop and make flights that led hundreds of migrants to El Salvadorhe has declared that he finds “Probable cause” to declare the government in contempt.
In a decision of 46 pages, The magistrate does not make the formal accusation but says that The government voluntarily disdained its order. Announces that it is studying the next steps that can take and what punishment could impose if the government does not “purge“That probable contempt, something that the magistrate suggests that it could be done with options such as returning to the US to the migrants who were sent to El Salvador without respecting the due judicial process that would have allowed them, for example, to challenge their” deportation. “
Boesberg also gives the government One week in term to show or remedy to your actions so far or government information, under oath, about your decisions. He also denounces his attitude so far. “The court has given them broad opportunities to rectify or explain their actions. None of your answers has been satisfactory”, He has written.
The case
This may be the case that ends up putting the US in the unknown field of a full constitutional crisis: What will happen when a court formally declares Trump and his government in contempt. And Boesberg in his order on Wednesday remembers that “The Constitution does not tolerate voluntary disobedience of judicial orderss, especially for charges of a coordinated branch that have made an oath of respecting it. ”
In the center of this case are the flights that left the US on March 15 to El Salvador. In those planes, and protecting themselves in the Foreign enemies lawa rule of 18th century that until now it had only been used in times of war, Trump expelled More than 200 Venezuelans and Salvadorans. He sent them, via Honduras, to El Salvador, where they entered into Cecotthe controversial maximum security prison for Nayib Bukele.
The US government has accused these migrants of belonging to violent bands such as Aragua or MS-13 trainthat Trump has classified in this second term as terrorist organizations. They have not offered, however, data and evidence that support those statements and several Journalistic investigations have indicated that up to 90% of those expelled may not have a link to these groups. The Trump administration has been considered a “crime“The entrance or stay in the country without papers, which until now was a administrative absence, and his language about undocumented immigrants thus encompasses all as criminals.
On flight day Judge Boesberg verbally requested first and then in the written order to stop and return the planes that were already in the air. Also prevented the government from using the law of 1798. The administration ignored him. AND Get up Shortly after he hung on a message on social networks with a video where migrants were seen arriving at El Salvador and being admitted to jail. “UPS. Too late”wrote.
The Supreme
The judicial battle has not ceased since then. Trump has repeatedly attacked Judge Boesberg And he has even asked to be dismissed through a political trial, something that led to an unusual public critical declaration of the President of the Supreme Court, the conservative John Roberts, who had to remind him how the judicial system works.
Himself Supremo last week authorized Trump to resume the athletess under the protection of the Law of Foreign Enemies, But by a technicalism, arguing that the original demand had to have been submitted in Texas and not, as was done, in Washington. And in that sentence It was stressed that migrants have the right to have a view on their deportation Before being expelled, something that the government is not giving them.
The case of Abrego García
One of those who was expelled on those flights was Kilmar Armando Abrego García, a Salvadoran who initially the administration acknowledged having deported for what he called a “Administrative Error” and whose case is also being dynamite in Trump’s relationship with justice.
The Supreme Court ratified the decision of a judge that the government had to “facilitate” the return to the US of Abrego García, which the government accuses without publicly presenting evidence of being a “terrorist.” Trump and his team make a more beneficial reading for them of that sentence, in which the High Court asked a judge to have deference towards the Executive’s powers to undertake foreign policy.
The administration also assures that it is an issue that is no longer in its possession but in the hands of Bukele, which has been shown Trump’s most faithful ally in Central America And that this week during his visit to the White House, he said he does not plan to return Garcia Abrego to the US.
Like Boesberg, Judge Paula Xinis It is in a duel with the government to comply with the Supreme Judgment of “facilitating” the return of the expelled and to respond to their requests for information and explanations. “Until today they have done anything.”, He recriminated on Tuesday to government lawyers.
