Ex-Supreme Court Justice Anthony Kennedy pleads for civil political discourse, warns ‘democracy is at risk’

Former U.S. Supreme Court Justice Anthony Kennedy warned Thursday that the tone of political discourse and threats to judges are undermining the ability of the U.S. to serve as an example of freedom and democracy around the world.

Kennedy, a Reagan appointee who retired in 2018 during President Donald Trump's first term, was speaking during a virtual forum about threats to the rule of law, as he defended the role of judges in a democracy and advocated for the need to protect them and their families from threats.

"Many in the rest of the world look to the United States to see what democracy is, to see what democracy ought to be," Kennedy said during the "Speak Up for Justice" event, one day before the current Supreme Court justices are set to deliver their final rulings of the current term.

"If they see a hostile, fractious discourse, if they see a discourse that uses identity politics rather than to talk about issues, democracy is at risk. Freedom is at risk," he continued.

BOOKER, CRUZ SPAR OVER THREATS TO US JUDGES IN FIERY SENATE EXCHANGE

Kennedy did not mention Trump, even as other participants expressed concern about the barrage of threats and attacks against judges for blocking key parts of the president's political agenda during his second term, including his immigration policies, firings of federal workers and his implementation of broad-based tariffs.

But Kennedy's remarks appeared to be sparked, at least in part, by the Trump administration's repeated attacks against judges who have ruled against him, including some whom he appointed during his first term.

In March, Trump criticized U.S. District Court Judge James Boasberg as a "radical left lunatic" and called for his impeachment after he attempted to block the administration from removing alleged Venezuelan gang members from the U.S. under the Alien Enemies Act, a wartime presidential power Trump invoked.

Last month, Trump attacked "USA-hating" judges as "monsters who want our country to go to hell."

Trump's rhetoric has come alongside an uptick in threats against judges, according to POLITICO, although spokespeople for the administration have said the president is against any threats and that they would face prosecution from the Justice Department.

Kennedy said "judges must have protection for themselves and their families" and that "judges are best protected when the public and our nation realize how central they are to our discourse." 

"We should be concerned in this country about, as I've already indicated, the tone of our political discourse," he said. "Identity politics are used so that a person is characterized by his or her partisan affiliation. That's not what democracy and civil discourse is about."

Other participants at the forum, which featured judges from the U.S. and other countries who warned about how attacks on courts can threaten democracies, also took aim at Trump's statement denouncing the courts.

Without mentioning Trump by name, U.S. District Judge Esther Salas, whose son was killed by a disgruntled lawyer who went to her New Jersey home in 2020, said disinformation about judges was spreading "from the top down," with jurists attacked as "rogue" and "corrupt."

CHIEF JUSTICE ROBERTS DOUBLES DOWN ON DEFENSE OF COURTS AS SCOTUS GEARS UP TO HEAR KEY TRUMP CASES

"Judges are rogue. Sound familiar? Judges are corrupt. Sound familiar? Judges are monsters. … Judges hate America," Salas said. "We are seeing the spreading of disinformation coming from the top down."

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Salas warned that the number of threats recorded against judges this year was reaching historic heights in the U.S., noting that the U.S. Marshals Service has tracked more than 400 threats against judges since January, when Trump was inaugurated.

"We're going to break records, people, and not in a good way," she said.

Reuters contributed to this report.

Migrant deported to third country returned to US after Trump admin yields to judge’s order

A Guatemalan man who was deported to Mexico by the Trump administration was returned to the U.S. this week, his lawyers confirmed to Fox News on Thursday, marking the first known instance of the Trump administration complying with a judge’s orders to return an individual removed from the U.S. based on erroneous information.

The individual, identified only as O.C.G, was returned to the U.S. via commercial flight, lawyers confirmed, after being deported to Mexico in March.

The news comes one week after lawyers for the Justice Department told U.S. District Judge Brian Murphy that they were working to charter a plane to secure the return of the individual, identified only as O.C.G., to U.S. soil. 

Murphy had ruled that O.C.G., a Guatemalan migrant, had been deported to Mexico earlier this year without due process and despite his stated fears of persecution, and ordered the Trump administration to facilitate his return. 

TRUMP FOE JUDGE BOASBERG RULES DEPORTED MIGRANTS CAN CHALLENGE REMOVALS, IN BLOW TO ADMIN

Additionally, Murphy told laywers for the administration that O.C.G. had not been given the chance to contest his removal to a country where he could face threats of torture, a right afforded under U.S. and international law.

O.C.G. was previously held for ransom and raped in Mexico but was not afforded the chance to assert those fears prior to his removal, Murphy noted in his order, citing submissions from O.C.G.'s attorneys.

"In general, this case presents no special facts or legal circumstances, only the banal horror of a man being wrongfully loaded onto a bus and sent back to a country where he was allegedly just raped and kidnapped," Murphy said earlier this month, noting that the removal process "lacked any semblance of due process."

US JUDGE ACCUSES TRUMP ADMIN OF ‘MANUFACTURING CHAOS’ IN SOUTH SUDAN DEPORTATIONS, ESCALATING FEUD 

"The return of O.C.G. poses a vanishingly small cost to make sure we can still claim to live up to that ideal," Murphy said in his order.

Lawyers for the Trump administration told the court last week that the Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations Phoenix Field Office made contact over the weekend with O.C.G.’s attorneys and are "currently working with ICE Air to bring O.C.G. back to the United States on an Air Charter Operations (ACO) flight return leg."

That appears to have happened, and O.C.G. was flown via commercial airline to the U.S. on Wednesday.

The news comes amid a broader court fight centered on Trump's use of the 1798 Alien Enemies Act – an 18th-century wartime law it invoked earlier this year to deport certain migrants more quickly. Many were sent to CECOT, El Salvador's maximum-security prison.

To date, the Trump administration has not complied with federal court orders to facilitate the return of those individuals to the U.S., even individuals who were deported in what the administration has acknowledged was an administrative error. 

Unlike the migrants at CECOT, however, O.C.G. had not been detained in Mexico.

The Trump administration did not immediately respond to Fox News' request for comment. They did not immediately respond to questions about whether the administration plans to follow suit in other cases in which a federal judge ordered the administration to return an individual deemed to have been wrongfully deported.

The news comes just hours after U.S. District Judge James Boasberg ordered the Trump administration to provide all migrants removed to CECOT under the Alien Enemies Act an opportunity to seek habeas relief to contest their removal, as well as the opportunity to challenge their alleged gang status, which was the basis for their removal under the law.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

Judge Boasberg also gave the Trump administration one week to submit to the court information explaining how it plans to facilitate the habeas relief to migrants currently being held at CECOT.

That ruling is almost certain to provoke a high-stakes legal standoff with the administration, and comes as Trump officials have railed against Judge Boasberg and others who have ruled in ways seen as unfavorable to the administration as so-called "activist judges."

Trump called for Boasberg's impeachment earlier this year, prompting Supreme Court Chief Justice John Roberts to issue a rare public statement of rebuke. 

"America’s asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card," DHS spokesperson Tricia McLaughlin said in a statement over the weekend.

100 days of injunctions, trials and ‘Teflon Don’: Trump second term meets its biggest tests in court

President Donald Trump has spent the first 100 days of his second White House term signing a flurry of executive orders aimed at delivering on his policy priorities: slashing government spending, cracking down on illegal immigration and eliminating many diversity and equity initiatives enacted under the Biden administration.

The more than 150 executive orders Trump has signed far outpace those of his predecessors. But they have also triggered a torrent of lawsuits seeking to block or pause his actions, teeing up a high-stakes showdown over how far Trump can push his Article II powers before the courts can or should intervene. 

It’s a looming constitutional clash spinning like a top through the federal courts; a blink-and-you’ll-miss-it set of hearings and appeals and emergency orders that deal with weighty issues of due process and First Amendment protections guaranteed by the Constitution. 

Trump’s critics argue the fast-paced strategy is meant to confuse and overwhelm his opponents. His supporters counter that it allows him to strike with maximum precision and sidestep a clunky, slow-moving Congress as the president pursues his top priorities.

TRUMP ADMINISTRATION ASKS SUPREME COURT TO REVIEW EL SALVADOR DEPORTATION FLIGHT CASE

In his first 100 days, administration lawyers have gone to bat in courtrooms across the country to defend Trump's early executive orders and halt a wave of lawsuits and emergency restraining orders aimed at blocking them. 

Trump, meanwhile, has steadfastly maintained that he would "never defy" the Supreme Court as recently as in an interview last week. 

"I'm a big believer in the Supreme Court and have a lot of respect for the justices," Trump told Time Magazine.  

Critics say he already has.

"The second Trump administration has taken the guardrails off of the norms that historically governed the rule of law and is undertaking steps to enhance the perceived power of the executive branch to the detriment of the two other co-equal branches," Mark Zaid, an attorney who has gone toe-to-toe with the Trump administration in several court cases this year, told Fox News Digitial.

APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

"These actions threaten the fundamental notion of our democracy, particularly as the Administration seeks to eliminate due process protections in a quest for power."

The biggest fights so far have centered around the Trump administration's use of the Alien Enemies Act, a 1798 wartime law, to deport certain migrants to El Salvador. Another major case to watch will be challenges to Trump's executive order ending birthright citizenship. 

Two separate federal judges, in D.C. and Maryland, have suggested they could move to begin possible contempt proceedings against some Trump officials for refusing to comply with their orders.

In one case, a judge issued a scathing rebuke against Trump officials for failing to return a Maryland resident and alleged gang member who was wrongfully deported to El Salvador this year. Separately, U.S. District Judge James Boasberg said there was probable cause to find Trump administration officials in criminal contempt for defying his order to return deportation flights to El Salvador on March 15.

The Trump administration has fought back, questioning the authority of lower courts to stop his agenda. The Supreme Court agreed to hear oral arguments on a challenge to some of the nationwide injunctions, beginning with a birthright citizenship case in early May.

Meanwhile, White House officials have railed against the "activist" judges who they say have overstepped and are acting with a political agenda to block Trump's policies. They’ve blasted judges for pausing Trump’s transgender military ban, reinstating USAID programs and blocking Elon Musk’s Department of Government Efficiency (DOGE) from accessing federal offices.

Some congressional allies have threatened impeachment against judges who defy Trump, but so far Congress has not advanced any impeachment articles.

White House press secretary Karoline Leavitt declined this week to rule out the arrest of federal judges, including Supreme Court justices.

Asked at a press briefing about the hypothetical on Monday, Leavitt referred the matter to the Justice Department but said a judge in New Mexico was arrested in "a clear-cut case of obstruction."

"And so anyone who is breaking the law or obstructing federal law enforcement officials from doing their jobs is putting themselves at risk of being prosecuted, absolutely," she said.

Jonathan Turley, a law professor and Fox News contributor, told Fox News Digital that he sees Trump's early actions as getting ahead of the 2026 primaries and moving with maximum force to implement his agenda.

Trump "knows that he has no alternative but to push ahead on all fronts if he is going to make meaningful progress on his promised reforms," Turley told Fox News. 

"The midterm elections are looming in 2026. If the Democrats retake the House, he knows that he can expect investigations, impeachments and obstruction. That means that he has to expedite these cases and establish his lines of authority in areas ranging from migration to the markets."

Boasberg contempt showdown looms after Supreme Court hands Trump immigration win

A federal judge is weighing whether to hold Trump administration officials in civil contempt after they defied a court order blocking deportation flights last month – even as the Supreme Court on Monday handed the administration a temporary legal victory, allowing it to resume use of the 1798 Alien Enemies Act to deport illegal immigrants.

President Donald Trump’s immigration agenda is colliding with the federal judiciary as his administration races to fulfill a central campaign promise: mass deportations. The aggressive pace – which has included the removal of alleged members of violent transnational gangs – has triggered a wave of legal challenges from critics who claim the administration is unlawfully ejecting migrants from the country.

The high court’s 5–4 decision, which Trump praised on X as a "great day for justice in America," lifted a lower court’s injunction and allows deportations to resume for now, though with added due process protections. The unsigned, four-page ruling focused narrowly on the lower court’s order and permits the administration to invoke the wartime-era Alien Enemies Act to expedite removals. 

However, the ruling does little to halt the escalating feud between the Trump administration and U.S. District Judge James Boasberg, who has signaled he may hold administration officials in contempt for defying his order last month to ground deportation flights. Boasberg is set to preside over a hearing Tuesday to address the administration’s use of the state secrets privilege to block the court from accessing information about the flights. It will mark the judge’s first opportunity to respond since the Supreme Court sided with Trump.

JUDGE BOASBERG POISED TO HOLD TRUMP ADMIN IN CONTEMPT, TAKES DOWN NAMES OF DHS OFFICIALS: 'PRETTY SKETCHY'

Though Trump and his allies celebrated the Supreme Court’s intervention, the decision offers only a narrow and potentially short-lived reprieve.

The ruling requires the administration to provide detainees slated for removal with proper notice and an opportunity to challenge their deportation in court. However, the justices said those legal challenges must be filed in Texas – not in Washington, D.C. – a jurisdictional shift that injects fresh uncertainty into the lower court proceedings. The decision drew a scathing dissent from Justice Sonia Sotomayor, who warned that the ruling would make it significantly harder for individuals to contest their removals on a case-by-case basis.

"We, as a Nation and a court of law, should be better than this," she said.  

Boasberg blocked the administration's use of the Alien Enemies Act for a 14-day period last month to allow the court time to review the case on its merits. The order drew scathing criticism from Trump, who labeled Boasberg an "activist judge" and called for his impeachment – prompting a rare warning from Chief Justice John Roberts.

Boasberg has said he will decide as early as this week whether to pursue civil contempt proceedings against Trump administration officials for defying his order.

Three planes carrying 261 migrants – including more than 100 individuals slated for removal solely under the Alien Enemies Act – were flown to El Salvador last month from the U.S., around the same time Boasberg issued an emergency order blocking the Trump administration from deporting Venezuelan nationals for 14 days.

Boasberg also issued a bench ruling ordering that all migrant flights be "immediately" returned to U.S. soil. The administration did not comply, and hours later, the planes arrived in El Salvador.

At a show-cause hearing last week, Boasberg instructed Justice Department attorney Drew Ensign to determine who in the administration knew about the restraining order and when. He also demanded to know who made the decision not to comply, saying that information could be relevant if he moves forward with contempt proceedings.

Boasberg contested Ensign's suggestion that the administration may not have violated the emergency restraining order.

"It seems to me there is a fair likelihood that that is not correct," Boasberg told Ensign. "In fact, the government acted in bad faith throughout that day," he added.

SUPREME COURT GRANTS TRUMP REQUEST TO LIFT STAY HALTING VENEZUELAN DEPORTATIONS

Boasberg asked follow-up questions about agency affiliation, titles and the spelling of officials' names – suggesting he would be examining their roles in the case very closely as he weighed whether there was probable cause to move on civil contempt. Ensign repeatedly told the court he did not know and was not privy to the information himself. "I made diligent efforts to obtain that information," he told Boasberg.

The Trump administration’s repeated failure to meet court deadlines may give Boasberg grounds to proceed with civil contempt proceedings, even if jurisdictional questions limit his ability to rule on the plaintiffs’ broader request for a preliminary injunction.

Government lawyers have refused to share information in court about the deportation flights and whether the plane (or planes) of migrants knowingly departed U.S. soil after the judge ordered them not to do so, citing national security protections. 

The Supreme Court has affirmed that federal judges have the authority to compel parties to act and hold them accountable for defying court orders in both civil and criminal cases.

The potential contempt proceedings come amid soaring tensions between the executive branch and the judiciary, as Trump administration officials clash with federal judges overseeing a flood of lawsuits and emergency requests to halt administration actions. While contempt findings against executive officials are rare, they are not without precedent.

 APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

In civil cases, a judge will often reiterate the original order and set clear steps and deadlines for the party to demonstrate compliance. If those deadlines are missed, the court can take further action to compel obedience – consistent with the basic principle that "all orders and judgments of courts must be complied with promptly."

Boasberg sharply criticized Trump officials for failing to comply with his bench order requiring deportation flights to return to the U.S. and for refusing to provide basic information about the individuals who were removed. During last week’s hearing, it became clear the administration had not been withholding classified materials, as previously implied — a revelation that appeared to undercut its national security justification and drew further frustration from the judge. He also noted that the administration may have violated multiple court deadlines, including one that allowed sensitive information to be filed under seal.

"Can you think of one instance" where the state secrets privilege was invoked using unclassified info? Boasberg asked Ensign, who struggled to respond.

"Pretty sketchy," Boasberg said aloud in response.

The judge, visibly frustrated, pressed further. "You standing here have no idea who made the decision not to bring the planes back or have the passengers not be disembarked upon arrival?" He then continued to question Ensign about the names, locations, and agencies of the individuals involved in the removals.

"If you really believed everything you did that day was legal and could survive a court challenge, I can't believe you ever would have operated in the way you did," Boasberg said. 

Now comes Tuesday’s pivotal hearing, as Boasberg weighs whether the administration’s national security claims are justified or merely an attempt to shield misconduct from judicial scrutiny.

Judge targeted by GOP for impeachment deals blow to Trump’s FEMA objectives

A Rhode Island federal judge targeted for impeachment dealt the Trump administration a legal blow on Friday, ordering it to lift a freeze on federal funds.

U.S. District Judge John McConnell ordered the Federal Emergency Management Agency (FEMA) to unfreeze federal funds to states after plaintiffs alleged the agency had failed to comply with an earlier court order.

The lawsuit was originally launched by 22 states and the District of Columbia, challenging the Trump administration’s decision to block funding for programs like the Environmental Protection Agency's (EPA) Climate Pollution Reduction Grant and other environmental initiatives. 

LAWSUIT TRACKER: NEW RESISTANCE BATTLING TRUMP'S SECOND TERM THROUGH ONSLAUGHT OF LAWSUITS TAKING AIM AT EOS

Plaintiffs in the suit, including the states of New York, California, Illinois and Rhode Island, argued that FEMA's implementation of a manual review process for payment requests violated a previous preliminary injunction issued by McConnell. The states argued that the review "constitutes 'a categorical pause or freeze of funding appropriate by Congress.'"

The defendants, which include President Donald Trump and the Office of Management and Budget (OMB), responded that the review did not violate the order because "FEMA is relying on its own independent authorities to implement the process rather than the OMB Directive."

McConnell concluded that the plaintiffs had "presented evidence that strongly suggests that FEMA is implementing this manual review process based, covertly, on the President's January 20, 2025 executive order." 

COURTROOM COMBAT: INSIDE THE FEDERAL JUDICIARY SYSTEM WHERE TRUMP'S AGENDA IS UNDER ASSAULT

"The Court reaffirms its preliminary injunction order," McConnell wrote. 

McConnell had issued a restraining order in late January that enjoined the defendants from freezing federal funds. This came after OMB released a memo on Jan. 27 announcing the administration's plans to temporarily pause federal grants and loans. The White House later rescinded the memo on Jan. 29. 

However, White House press secretary Karoline Leavitt said that the move didn’t equate a "recission of the federal funding freeze." 

‘CORRUPT, DANGEROUS’: GOP REP MOVES TO IMPEACH JUDGE WHO BLOCKED TRUMP FEDERAL FUNDS FREEZE

After McConnell ordered the administration to comply with the restraining order, the government appealed to the First Circuit — which refused to stay the orders. 

McConnell also recently made headlines after becoming one of several federal judges hit with impeachment articles. 

Georgia Republican Rep. Andrew Clyde formally introduced his articles of impeachment against McConnell on March 24, after his initial announcement in February. 

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The articles, first shared with Fox News Digital, charged McConnell with abuse of power and conflicts of interest, stating he "knowingly politicized and weaponized his judicial position to advance his own political views and beliefs."

"The American people overwhelmingly voted for President Trump in November, providing a clear mandate to make our federal government more efficient," Clyde told Fox News Digital. "Yet Judge McConnell, who stands to benefit from his own injunction, is attempting to unilaterally obstruct the president’s agenda and defy the will of the American people. Judge McConnell’s actions are corrupt, dangerous, and worthy of impeachment."

Fox News Digital's Diana Stancy contributed to this report.

Judge Boasberg poised to hold Trump admin in contempt, takes down names of DHS officials: ‘Pretty sketchy’

U.S. District Judge James Boasberg on Thursday grilled Trump administration lawyers over whether they defied a court order blocking deportations under a wartime immigration law — a potential step toward holding the administration in contempt.

At issue is the administration’s use of the 1798 Alien Enemies Act to deport Venezuelan nationals, including alleged members of the violent Tren de Aragua gang. Boasberg pressed Deputy Assistant Attorney General Drew Ensign on why the government appeared to ignore an emergency injunction last month halting those deportations.

The administration has appealed the underlying case to the Supreme Court. But for now, Boasberg is weighing whether there is probable cause to move forward with contempt proceedings — a question that remained open after a tense exchange in court.

Boasberg said he would issue a decision as early as next week on how to proceed if he finds grounds to hold the administration in contempt.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

During the hearing, Ensign was repeatedly questioned about who in the Trump administration had information about the flights and when the three deportation flights left U.S. soil for El Salvador. At least 261 migrants were deported that day, including more than 100 Venezuelan nationals who were subject to removal "solely on the basis" of the law temporarily blocked by the court.

"You maintain that the government was in full compliance with the court’s order on March 15, correct?" Boasberg asked Ensign. 

Ensign said yes, to which the judge responded: "It seems to me the government acted in bad faith that day." 

"If you really believed everything you did that day was legal and would survive a court challenge, you would not have operated the way that you did," Boasberg said.  

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

He repeatedly questioned Ensign about his knowledge of the flights and whether any related materials were classified, which could have triggered state secrets protections.

Government lawyers have refused to share information in court about the deportation flights, and whether the plane (or planes) of migrants knowingly departed U.S. soil after the judge ordered them not to do so, citing national security protections. 

But according to Ensign, that may not have been an issue. He told Boasberg the flight information likely wasn’t classified, prompting the judge to wonder aloud why it hadn’t been shared with him in an ex parte setting.

"Can you think of one instance" where the state secrets privilege was invoked using unclassified info? he asked Ensign, who struggled to respond.

"Pretty sketchy," Boasberg said aloud in response.

Another focus of Thursday’s hearing was timing — both when President Donald Trump signed the proclamation authorizing use of the Alien Enemies Act, and when federal agents began loading planes with migrants bound for El Salvador.

Boasberg noted that the Trump administration began loading the planes the morning of March 15, hours before the flights left the U.S.

"So then it’s not crazy to infer there was prior knowledge and actions ahead of the Saturday night deportations?" he asked Ensign.

The judge pressed the lawyer over the names, locations and agencies of individuals who were privy to the removals, as well as internal conversations with other administration officials who may have been listening in to the court proceedings.

"Who did you tell about my order?" Boasberg asked. "Once the hearing was done, who did you tell?"

Ensign says he relayed the information to Department of Homeland Security contacts and State Department officials, among others.

He listed the names of the individuals, at Boasberg's request, which the judge then carefully transcribed onto a pad of paper, interjecting at times to clarify the spelling or ask for their job titles.

The hearing is the latest in a flurry of legal battles over the Trump administration’s use of the Alien Enemies Act. It follows Boasberg’s order requiring officials to explain why they failed to comply with his directive to return the deportation flights — and whether they knowingly defied the court.

Boasberg told both sides he would see them again next week for arguments on the plaintiffs’ preliminary injunction motion, set for Tuesday.

The hearing also marks the latest clash between Trump and Boasberg, whom the president has publicly denounced as an "activist" judge and called for his impeachment. 

Trump faces Judge Boasberg over migrant deportation flights defying court order

A federal judge will hear from government lawyers Thursday to determine whether the Trump administration defied court orders when it deported hundreds of migrants to El Salvador last month.

The hearing marks the latest clash between President Donald Trump and U.S. District Judge James Boasberg, who Trump has publicly attacked as an "activist" judge and called for his impeachment. At issue is whether the administration knowingly violated Boasberg’s emergency order, which temporarily blocked the deportations and required that any individuals removed under a centuries-old immigration law be "immediately" returned to U.S. soil. Flights carrying migrants, including those deported under the 1798 Alien Enemies Act, still landed in El Salvador that same night.

"Oopsie…" El Salvador's president, Nayib Bukele, wrote on X after they landed in his country. "Too late."

Boasberg, who issued the emergency orders at the center of the controversial and complex case, has said he intends to find out whether the administration knowingly violated them, and who, if anyone, should be held accountable.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

"The government isn’t being forthcoming," Boasberg told Justice Department attorney Drew Ensign during an earlier hearing. "But I will get to the bottom of whether they complied with my order, who violated it and what the consequences will be."

At Thursday's hearing, Boasberg is expected to revisit many of the same questions he raised earlier, including how many planes left the U.S. carrying individuals deported "solely on the basis" of the Alien Enemies Act. Other questions include how many individuals were on each plane and what time and from which location each plane took off. 

Although the administration has already appealed the case twice – first to the D.C. Circuit, which upheld Boasberg’s order, and then to the Supreme Court – the judge is still pressing for answers. Thursday’s hearing is part of his effort to determine whether the government defied the court when it carried out the deportation flights.

APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

The Alien Enemies Act, passed in 1798, has been used only three times in American history – during the War of 1812 and the two world wars – making its modern application by the Trump administration a rare legal maneuver.

Trump officials have argued invoking the law is necessary to expel dangerous individuals, including alleged members of the Tren de Aragua gang, who were flown to El Salvador under the administration’s new deportation policy.

Meanwhile, plaintiffs have pushed back on the administration’s use of the 1798 law, calling its use during peacetime "unprecedented."

In a brief filed to the Supreme Court earlier this week, plaintiffs argued the law permits immediate deportations only in cases of a "declared war" or an "invasion or predatory incursion" by a foreign nation, conditions they say don’t apply to the Venezuelan nationals targeted for removal.

Government lawyers have declined to disclose key details about the deportation flights, including whether any planes departed after Boasberg’s order, citing national security protections.

Boasberg had previously warned the administration of consequences if it violated his order and criticized earlier filings as "woefully insufficient," noting the government also refused his offer to submit information under seal.

APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT

The case has become a political flash point over the balance of power between the courts and the executive branch. Trump allies dismiss much of the judiciary’s involvement as the work of "activist" judges seeking to rein in the president and overstep their constitutional role.

Trump's demand for Boasberg to be impeached prompted a rare public rebuke from Supreme Court Chief Justice John Roberts.

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts said in a statement. "The normal appellate review process exists for that purpose."

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The White House has kept up its criticism of the lower courts, with press secretary Karoline Leavitt last month accusing judges of overstepping their bounds and infringing on the president’s authority.

"The administration will move quickly to pursue Supreme Court review, defend the Constitution, and protect the American people," Leavitt said in a statement.

Wave of court orders blocking Trump’s agenda are a ‘judicial coup d’etat,’ Gingrich says

Former Speaker of the House Newt Gingrich condemned the wave of federal judges blocking President Donald Trump's agenda as a "judicial coup d'etat" on Tuesday.

Gingrich made the comments while testifying at a House Judiciary subcommittee hearing focused on "judicial overreach" by U.S. district court judges across the country. The former lawmaker highlighted that the vast majority of judges filing injunctions or restraining orders against Trump's executive actions have been appointed by Democrats.

"Mr. Gingrich, I'm told that 92% of the judges who have issued blanket injunctions against the administration have been appointed by Democrats. That at least suggests a partisan tilt to all of this… doesn't that undermine public confidence in our courts?" Rep. Tom McClintock, R-Calif., asked at the hearing.

"If you look at the recent reports from various polling firms, clearly a majority of Americans believe that no single district judge should be able to issue a nationwide injunction," Gingrich responded.

"Look, my judgment is as a historian. This is clearly a judicial coup d'etat. You don't have this many different judges issue this many different nationwide injunctions – all of them coming from the same ideological and political background – and just assume it's all random efforts of justice," he continued.

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

"This is a clear effort to stop the scale of change that President Trump represents," he added.

'WOEFULLY INSUFFICIENT': US JUDGE REAMS TRUMP ADMIN FOR DAYS-LATE DEPORTATION INFO

Gingrich went on to argue that it is unacceptable for "random" judges to micromanage the president of the United States.

"They put both Americans and the nation at risk when they intervene to become basically alternative presidents. You now have potentially 677 alternative presidents, none of whom won an election," he said.

The best solution for the wave of injunctions is for Supreme Court Chief Justice John Roberts to intervene, Gingrich said. Roberts could ensure that any such rulings from lower federal courts could move straight up to the Supreme Court.

At the center of the court controversy is District Judge James Boasberg, who attempted to block the Trump administration from deporting members of the Tren de Aragua gang to El Salvador. Other judges have placed injunctions on Trump's efforts to trim down the federal government.

House Speaker Mike Johnson, R-La., met privately with Republican judiciary committee members last week for what sources called a "brainstorming" session on how to respond to judges like Boasberg.

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Ideas raised by lawmakers included a fast-tracked appeals process, wielding Congress’ spending power over the judiciary, and limiting the ability to "judge shop."

And some conservatives are eager to target specific judges they believe are abusing their power via the impeachment process, but House Republican leaders are wary of that route and believe it to be less effective than other legislative avenues.

Fox News' Elizabeth Elkind contributed to this report.

Trump allies scrutinize Judge Boasberg’s DC connections as high-stakes legal battles escalate

Federal Judge James Boasberg is facing mounting criticism from President Donald Trump and his allies as he presides over multiple high-profile lawsuits targeting the Trump administration – cases that have now brought the judge’s personal and professional ties under fresh scrutiny. 

Boasberg, who was previously appointed to the secretive Foreign Intelligence Surveillance Court by Supreme Court Chief Justice John Roberts and reportedly once roomed with Justice Brett Kavanaugh at Yale, has become a flashpoint for conservatives who accuse the judiciary of bias against the Trump administration. Now the chief judge of the U.S. District Court for the District of Columbia, Boasberg's recent orders halting deportations of violent illegal immigrants and overseeing cases tied to leaked internal communications have amplified claims of partisanship and drawn fierce rebukes from Trump and his allies.

"The Chief Justice handpicked DC Obama Judge Jeb Boasberg to serve on the FISA court," said Mike Davis, president of the Article III Project. "The DC federal judges are in a cozy little club, and they protect their own." His comments echo a broader sentiment on the right that Boasberg’s judicial decisions – and his close ties within the legal establishment – reflect a partisan tilt against the president.

Boasberg, a Washington, D.C., native, earned an advanced degree in Modern European History from Oxford University in 1986 and later attended Yale Law School, where he lived with Kavanaugh, according to multiple reports.  

TRUMP UNLOADS ON JUDGE BOASBERG, 'RADICAL LEFT JUDGES' FOR HALTING DEPORTATIONS OF VIOLENT ILLEGAL ALIENS

He graduated in 1990 and clerked for the Ninth Circuit Court of Appeals before joining Keker & Van Nest in San Francisco as a litigation associate from 1991 to 1994. He later worked at Kellogg, Huber, Hansen, Todd & Evans in Washington from 1995 to 1996.

After serving in the U.S. Attorney’s Office for the District of Columbia, Boasberg was appointed in 2002 by then-President George W. Bush to serve as an associate judge on the Superior Court of the District of Columbia, the local trial court for the District. In 2011, then-President Barack Obama nominated him to the U.S. District Court for the District of Columbia, where he was confirmed by the Senate and received his commission on March 17, 2011.

Boasberg was appointed to serve a seven-year term on the U.S. Foreign Intelligence Surveillance Court, or FISA Court, by Supreme Court Chief Justice John Roberts. 

The FISA Court is made up of 11 federal judges, all of whom are hand-selected by the chief justice. After undergoing rigorous background checks, FISA Court judges are then responsible for approving surveillance requests and wiretap warrants submitted by federal prosecutors, law enforcement and intelligence agencies. Most of the court's work remains classified.

Boasberg served as the court’s presiding judge from 2020 to 2021 before returning to the D.C. District Court.

After Boasberg on March 15 ordered the Trump administration to halt its deportations of illegal immigrants under a 1798 wartime authority, Trump took to Truth Social to call for his impeachment. The president’s remarks echoed a growing chorus of conservatives who have recently called for the impeachment of federal judges overseeing his administration’s legal battles.

JUDGE IN CROSSHAIRS OF TRUMP DEPORTATION CASE ORDERS PRESERVATION OF SIGNAL MESSAGES

"I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!" Trump wrote in the post.

In an unprecedented move by the nation's high court, Roberts released a public statement shortly thereafter, denouncing impeachment as an appropriate response to judicial disagreements. 

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose," he said in the statement released in mid-March.

Trump once again unloaded on Boasberg in a March 30 Truth Social post after the judge extended his restraining order on March 28. The extension will run through April 12. 

"People are shocked by what is going on with the Court System. I was elected for many reasons, but a principal one was LAW AND ORDER, a big part of which is QUICKLY removing a vast Criminal Network of individuals, who came into our Country through the Crooked Joe Biden Open Borders Policy! These are dangerous and violent people, who kill, maim and, in many other ways, harm the people of our Country," Trump wrote on the social media platform. 

WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?

"The Voters want them OUT, and said so in Record Numbers. If it was up to District Judge Boasberg and other Radical Left Judges, nobody would be removed, the President wouldn’t be allowed to do his job, and people’s lives would be devastated all throughout our Country. MAKE AMERICA GREAT AGAIN!," he continued. 

Boasberg came under additional fire after he was randomly assigned to preside over a lawsuit involving the Trump administration's leaked Signal chat. 

After Boasberg was assigned to the case, Trump again took to Truth Social and accused Boasberg of "grabbing the 'Trump Cases' all to himself."

Davis also took to social media, writing, "Judge Jeb Boasberg is lighting on fire his legitimacy over an unnecessary, lawless, and dangerous pissing match with the President Jeb will lose. 

"Let’s hope the Chief Justice doesn’t light the entire federal judiciary’s legitimacy on fire by siding with his personal buddy Jeb," Davis wrote. 

At the start of the March 27 hearing, Boasberg emphasized that he was randomly assigned to the case through a docket computer system.

"That's how it works, and that's how all cases continue to be assigned in this court," Boasberg said during the hearing. 

Fox News Digital reached out to the White House, the Supreme Court, and the D.C. District Court for additional comment.

Fox News Digital's Breanne Deppisch, Emma Colton and Alex Nitzberg contributed to this report. 

Can Congress defund federal courts with key Trump budget process?

As Republicans look for ways to rein in federal judges issuing countless orders to halt the Trump administration's action on immigration in particular, a number of potential avenues for doing so are being considered. 

However, the use of a key budget process that lowers the Senate's threshold to 51 votes to defund certain courts could face significant obstacles.

Rep. Chip Roy, R-Texas, House Freedom Caucus policy chair and chair of the House Judiciary Committee's subcommittee on the Constitution, told Fox News Digital he isn't "for or against" any specific approach to addressing the countrywide injunctions that are throwing a wrench into President Donald Trump's priorities.

CHUCK SCHUMER FACING 'UPHILL FIGHT' AMID LEADERSHIP DOUBTS: 'MATTER OF WHEN, NOT IF'

"We ought to look at [impeachment], we ought to look at jurisdiction-stripping, we ought to look at every option that needs to be addressed about judges that are actively taking steps to try to undermine the presidency," he said.

The Republican added, "I think there are pros and cons of those approaches. I think we need to look at … funding scenarios. Now that takes a little time; you've got to work through either the appropriations, rescissions or reconciliation process, depending on where it's appropriate."

The budget reconciliation process lowers the threshold for Senate passage from 60 votes to 51 out of 100, allowing the party in power to more easily advance its agenda with no opposition party support. However, the provisions must relate to budgetary and other fiscal matters. The House of Representatives already has a simple majority threshold.

The process is being relied on heavily by Republicans, who have a trifecta in Washington, in order to push through Trump agenda items.

BATTLE OF THE CHAMBERS: HOUSE AND SENATE TENSIONS BOIL OVER AS TRUMP BUDGET HANGS IN LIMBO

In the months since Trump took office, his aggressive pace has been somewhat hampered by federal judges across the country issuing numerous orders to halt immigration, waste-cutting and anti-diversity, equity and inclusion actions. 

This has prompted Republicans to call for action against what they consider abusive actions by lower-tier federal judges.  

"I don’t think defunding is a viable option," said Andy McCarthy, a former assistant U.S. attorney and a Fox News contributor. 

"The chief justice would be angry that the district courts were understaffed, and Trump wouldn’t get away with later trying to add the positions back so that he could fill them," he continued.

Former Deputy Assistant Attorney General John Yoo called potentially defunding the courts that have been causing problems for the administration "a terrible idea."

"It would make no difference anyway; the cases challenging Trump’s executive orders would still be challenged in the courts that exist," he explained. 

This was echoed by former Trump attorney Jim Trusty, who said, "I don’t think defunding an already overworked judicial system would be right or effective."

BIDEN ADMIN'S 'VAST CENSORSHIP ENTERPRISE' WITH HELP OF NGOS SLATED FOR KEY HEARING, LAWMAKER SAYS

Because of the specific guidelines for what can be included in reconciliation bills, legal experts seem to be in agreement that defunding courts wouldn't meet the requirements. 

One such expert told Fox News Digital that not only does the provision need to have a federal fiscal impact, the policy effect cannot outweigh that impact. 

They further noted that the Senate's parliamentarian would be the one to make a judgment on this. 

Trusty said "the solution to judicial activism" is either the appellate courts finding ways to stop the injunctions on appeal or by direct orders, or "Congress develops a nimble response and passes legislation to clarify their intent to let the executive branch act without judicial tethers on various issues."

"The better option would be to explore ways to limit the jurisdiction of the lower courts or to fast-track appeals when they try to issue nationwide injunctions," McCarthy said.

CONGRESS EXPANDED THE EXECUTIVE – ONLY FOR TRUMP TO QUASH MUCH OF THE ADMINISTRATIVE STATE

As for potentially impeaching federal judges, which has been floated by Trump himself, Trusty said it "should still be viewed as a prosecution substitute for office holders who have committed treason or high crimes and misdemeanors; in other words, serious crimes."

"Bad judgment and wrong-headed decisions are not crimes," he noted. 

Neither Trump's White House nor Republican leadership in Congress have indicated plans to pursue the issue through the reconciliation process.

Lawmakers have acknowledged the problem, though, and the House is set to take up legislation to address the judges' actions this week.