George Washington University law professor Jonathan Turley said on Fox News Wednesday that President Donald Trump’s real estate background gave him a strategic mindset as he faces off against a growing number of federal judges ruling against his administration.
Judge James Boasberg, an Obama appointee, ruled Wednesday that the Trump administration likely committed criminal contempt by deporting alleged gang members in violation of a court order. During an appearance on “Special Report with Bret Baier,” Turley said that on the legal front the Trump administration is likely to win some of the ongoing cases, despite early setbacks at the district court level.
“These are district court judges that actually have been reversed in some cases on appeal. He’s [Trump’s] going to lose some as well. But that’s something of the signature of Trump. I think he really learned that in real estate. He’s sort of a maximalist. He asks for the maximum possible authority, and he often settles for something less than that,” Turley said. “We have a court system that’s designed to make those decisions. Now will they hear all these cases? No. But I think the court is trying to send a message to these lower courts.”
Turley also reacted to a slew of federal rulings that temporarily blocked the Trump administration policies.
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“It’s extremely unlikely that Garcia will ever be back in this country. And all of these Democratic senators going down to El Salvador are about as significant as sending the Rockettes to El Salvador,” Turley said. “It’s not going to have any legal or even political significance for that case. For these other cases you mentioned, I think the administration is going to prevail on a number of those.”
Turley then addressed the looming threat of criminal contempt against the administration and said the conflict could fall into dangerous constitutional territory.
“It could create a very difficult conflict because the [U.S.] Marshals may be called upon to carry out those orders, and the marshals should. The administration should not interfere with them, even though they could do so with their authority,” Turley said when Baier asked what would happen if the Justice Department refuses to prosecute a potential criminal contempt charge against the Trump administration for defying a judge’s deportation order.
Turley added that while criminal contempt sanctions are rare, the implications are serious.
“It would go on appeal, and these types of sanctions are rare, and they have not done well on appeal. The Supreme Court does not look kindly upon the use of criminal contempt and these types of issues,” Turley said. “These are messy cases, and I’ve got to tell you, the Court has indicated it desperately wants this cup to pass from its lips, but it’s going to have to take a long and hard drink because all of these cases are careening towards the Supreme Court.”
The Supreme Court overturned Boasberg’s orders blocking the administration from using the Alien Enemies Act to deport alleged gang members, ruling the case was improperly filed in Washington, D.C. Boasberg, however, said that the Supreme Court’s decision “does not excuse” the administration’s earlier violations of his temporary restraining order.
To avoid contempt, Boasberg said the administration must take custody of those removed and allow them to challenge deportation through habeas proceedings. He gave officials until April 23 to file a declaration detailing those efforts—or, failing that, to name who authorized the removals.
The Trump administration told the court Monday it isn’t obligated to return Kilmar Armando Abrego Garcia, an alleged MS-13 member deported to El Salvador. The Supreme Court ruled the government must “facilitate” his release and instructed the lower court to clarify its order.
(Featured Image Media Credit: Screenshot/Fox News)
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