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24601

(4,093 posts)
12. Yes he will, probably in advance of a trial. But here's what caught my eye on this case. The CNN story reported that
Wed Apr 16, 2025, 05:47 PM
Apr 2025

Judge Boasberg said that "probable cause exists" to find the Trump Administration in contempt.

https://www.cnn.com/2025/04/16/politics/boasberg-contempt-deportation-flights/index.html?iid=cnn_buildContentRecirc_end_recirc

Here are my understanding of the standards of evidence:

Stop and Frisk Reasonable Suspicion (Cop on the Street Judgment)
Search Warrant Probable Cause (Judge Determination)
Civil Finding Preponderance of the Evidence (Jury Finding of Fact)
Criminal Conviction Guilt Beyond a Reasonable Doubt (Jury Finding of Fact)

So even without a pardon, a conviction for criminal contempt isn't a given. Who do you try for contempt? The DOJ lawyer in court had no authority other than to pass on information. The Department of Justice wasn't taking the action. The Department of Homeland Security was doing the deportation. Proving the guilt (beyond a reasonable doubt) of a lawyer who had no control over the flight is a very steep hill. Proving the guilt of a DHS official who doesn't control air traffic is unlikely. Holding the FAA air traffic controller accountable isn't going to be viable.

All of that is in the context that the USSC said Judge Boasberg didn't have jurisdiction in the first place. No one gets punished.

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