Judge Boasberg has Issued a "Show Cause" Order in the Alien Enemies Act Case

There's a long process to hold someone in contempt, and a "Show Cause" order is a big and necessary step to that end.

Greetings! We have another update in the Alien Enemies Act case regarding the Trump administration violating a court order last Saturday when it refused to turn the planes carrying purported “gang members” around - throwing us into a full blown constitutional crisis.

Today at noon, the Trump regime was supposed to explain to the court how it hadn’t violated the court’s order, and they were supposed to tell the court whether they were going to invoke “state secrets privilege.”

They did neither.

In response, Judge Boasberg issued a “show cause” order, in which it is obvious his patience is wearing thin.

In an ex parte pleading delivered shortly after today’s deadline, the Government again evaded its obligations. It submitted a six-paragraph declaration from the Acting Field Office Director for Enforcement and Removal Operations at U.S. Immigration and Customs Enforcement’s Harlingen, Texas, Field Office, the contents of which the Government has informed the Court may be disclosed. After four paragraphs of identifying information, he repeated the same general information about the flights: “On March 15, 2025, two flights carrying aliens being removed under the AEA departed U.S. airspace before the Court’s minute order of 7:25 PM EDT, and before the Court’s oral statements during the hearing.”

Per usual, the judge then has to explain the law to these “woefully insufficient” legal minds.

To begin, the Government cannot proffer a regional ICE official to attest to Cabinet-level discussions of the state-secrets privilege; indeed, his declaration on that point, not surprisingly, is based solely on his unsubstantiated “understand[ing].” Although its skepticism concerning the suitability of such privilege expressed in yesterday’s Order remains, the Court at a minimum requires an official with direct involvement to swear that deliberations of the privilege’s invocation are ongoing at the level Cerna attests. It further expects such deliberations to be concluded by March 25, 2025, which only exceedingly good cause may excuse.

But that’s not all. Judge Boasberg also issued a “show cause” order, which is one of the final steps in the process necessary to hold someone in contempt of court.

In addition, to avoid further delay, the Court will require Defendants to show cause on the facts that they have already disclosed as to why the failure to return the class members aboard the two earliest planes did not violate the Court’s Temporary Restraining Orders.

I know that it’s frustrating to have to go through all these legal hoops before holding someone so shitty in contempt of court, but the judge here doesn’t want to risk the possibility of having a contempt ruling overturned by a higher court for a lack of due process - (that thing that Trump is robbing deportees of by defying court orders.) The show cause order is a necessary step in the right direction.

The judge has given the administration until 10 AM ET tomorrow for anyone with direct knowledge of cabinet-level discussions (not some Acting Chad from a field office in bumfuck Texas) to file a sworn declaration about State Secrets Privilege discussions.

Further, he’s given the administration until March 25th to invoke the State Secrets Privilege AND submit a “show cause” brief explaining how they did not violate the Court’s Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15.

Finally, he gives the lawyers for the deportees until March 31st to reply to whatever the trump administration hands in on March 25th.

For an explanation of the State Secrets Privilege, go here.

For the full show cause order issued today, go here.

~AG

El Salvador’s Presidency Press Office/Handout/Reuters via CNN Newsource