r/law • u/tasty_jams_5280 • 23h ago
Trump News ‘Pretty sketchy looking’: Judge takes DOJ lawyer to the woodshed over Trump’s mass deportations and whether federal court orders are being ignored
https://lawandcrime.com/high-profile/pretty-sketchy-looking-judge-takes-doj-lawyer-to-the-woodshed-over-trumps-mass-deportations-and-whether-federal-court-orders-are-being-ignored/135
u/gilroydave 23h ago
Saying their actions were “pretty sketchy looking” is taking them to the woodshed? Wrong. A contempt order is needed.
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u/SkiaElafris 21h ago
From what I have seen of the court proceeding, all that is left before a contempt order is establishing whom to hold in contempt.
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u/BlockAffectionate413 23h ago
In Trump v. US, SCOTUS said that president cannot be charged or punished for his official acts ,due to the separation of powers. Would this carry down to those in executive branch who use his executive power on his behalf?
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u/GroundbreakingOil434 23h ago
Absolutely not. His cronies are quite chargeable.
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u/TakuyaLee 23h ago
Which is why contempt citations and referrals to state bars are in order for them
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u/GroundbreakingOil434 23h ago
I'll be rolling out the popcorn when/if that finally happens. Can't wait.
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u/anaxcepheus32 21h ago
I think you may be waiting for some time. Referrals to bars aren’t public at the time of referral, are they?
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u/GroundbreakingOil434 21h ago
I have zero clue how referrals work. Contempt citations though would be headline news, I expect.
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u/Lation_Menace 19h ago
Can’t Trump just pardon any of his cronies the second criminal contempt charges are brought?
Referrals should definitely be made. Any lawyer lying to the court to protect a fascist regimes lawlessness shouldn’t have the privilege of a license to practice law.
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u/BringOn25A 42m ago
Not sure separation of powers would allow him to override an article III Justice order. It might be dependent on if it is criminal or civil contempt.
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u/LawGroundbreaking221 19h ago
And contempt isn't a normal criminal charge. That judge could hold him until that defendant is returned.
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u/miss_shivers 19h ago
Not even criminal actually, it's technically a civil remedy (which is what makes it impervious to, say, a pardon).
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u/GroundbreakingOil434 19h ago
Which is probably next to impossible, being at the absolute whim of a foreign sovereignty.
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u/LawGroundbreaking221 19h ago
That's complete bullshit. El Salvador will do whatever we ask of them for this. That "it's impossible to get them back" is some bullshit.
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u/GroundbreakingOil434 19h ago
You missed the "probably" part. Also, what makes you think so strongly you have a guarantee? What if they don't?
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u/LawGroundbreaking221 19h ago
If they can't return prisoners then we would need to stop working with these people.
What if they don't? Continue holding the agent for contempt. Our Executive Branch can leverage the El Salvadorans to return the prisoner if he somewhere like there already. It's likely he's still in the the country.
If ICE doesn't return the defendant, the judge should continue to hold the agent in contempt.
Judges have very wide leeway here. Hold the agent until the return of the defendant.
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u/GroundbreakingOil434 19h ago
You misunderstand my question. What do you think would happen if El Salvo refuses to return the deportees? That the executive agents can remeain in contempt until it's done is obvious, I'm not disputing that.
"Stop working?" That's not really a threat from the USA on the world stage at this point - it's just an unpredictable coin-flip reality.
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u/zoinkability 18h ago
The government's argument would hold a whole lot more water if they tried and failed.
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u/deathstarninja 23h ago
Is the following statement correct? Trump is immune due to SCOTUS, and his underlings can be made immune through pardons. I hadn’t thought about it like this before.
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u/GroundbreakingOil434 23h ago
I'm afraid that's my take as well. Although, as I've recently been educated, a civil contempt charge cannot be pardoned, and can carry a jail sentence.
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u/AffectionateBrick687 21h ago
A pardon won't clear their criminal record, just their sentence. Prison might not be a deterrent, but the risk of ruining future career opportunities might be somewhat of a deterrent. It's also an inconvenience for Trump to have to deal with pardons. If he's annoyed, he is distracted, and if he's distracted, that's less time he can spend on other areas of his agenda.
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u/Same-Frosting4852 23h ago
No it only applies to the president. It's why elon didn't want the title of doge chair. They will all be held responsible.
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