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WASHINGTON (NEXSTAR) – A federal judge is giving the Trump administration until noon eastern time to provide more information about why the judge says the White House ignored a court ruling to pause deportation flights.
The administration says the judge’s order from this weekend was unlawful.
The judge says the White House must provide specific information on the flights, including a sworn statement that no one on any deportation flights since were placed on board under the Alien Enemies Act.
Federal judge James Boasberg says the White House must come clean about whether it ignored his weekend orders to pause some deportation flights.
“We played a little game of Catch Me if You Can and guess what, the judge wasn’t able to catch us on this one,” said White House Principal Deputy Press Secretary Harrison Fields.
On Saturday, Judge Boasberg temporarily halted deportation flights bound for El Salvador that carried suspected Venezuelan gang members.
He also ordered two flights already in the air to return to the U.S., which did not.
“The judge’s orders came after the flights were already in the air. And at that time, they’re over international waters and unfortunately that judge lost,” said Fields.
Department of Justice lawyers argued the judge’s order was verbal, not written.
Judge Boasberg was highly skeptical of that argument.
“What this case is about is using a wartime authority during peacetime,” said ACLU Lead Counsel Lee Gelernt.
At issue is President Donald Trump’s use of the Alien Enemies Act, a law from 1798 allowing the government to deport noncitizens with no trial or hearing.
“Congress could not have been clear that it can only be used where a foreign government or nation is in a declared war with the United States, or is invading,” said Gelernt.
The White House says it is following the law and court rulings.
“The president did the right thing, I stand by it,” said border czar Tom Homan.
Judge Boasberg’s order to pause deportation flights for two weeks is meant to give him time to decide whether President Trump exceeded his authority.
“Our country is based on the assumption that there are three equal branches and that the federal courts will say what the law is and the other two branches will adhere to those rulings. Once that ends, we’re in a very different situation in this country. We’re no longer a country based on the rule of law,” said Gelernt.
President Trump is calling the judge in this case a “radical left lunatic” and calling for him to be impeached, potentially setting up a major showdown between the White House and the judicial branch.