“If I don’t agree, I don’t find your legal arguments convincing, and I believe there is probable cause to find contempt, what I’m asking is how—how should I determine who [is at fault]?” Judge Boasberg raised, wanting to know who exactly decided to disobey his order to turn planes carrying deportees around. The Trump administration insists that it somehow complied with the order.
“It seems to me, there is a fair likelihood that that is not correct,” Judge Boasberg responded. “In fact, the government acted in bad faith throughout that day. You really believed everything you did that day was legal and could survive a court challenge? I can’t believe you ever would have operated in the way you did.
“Why wouldn’t the prudent thing be to say, ‘Let’s slow down here. Let’s see what the judge says. He’s already enjoined the removal of five people; certainly in the realm of possibility that he would enjoin further removal. Let’s see what he says, and if he doesn’t enjoin it, we can go ahead. But surely better to be safe than risk violating the order,’” Boasberg asked the Justice Department lawyers.
