Judiciary
Bondi files ethics complaint against federal judge who reportedly expressed concern about ‘constitutional crisis’
Chief U.S. District Judge James E. Boasberg of the District of Columbia stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, D.C., on March 16, 2023. (Photo by Carolyn Van Houten/The Washington Post via Getty Images)
The U.S. Department of Justice has filed a misconduct complaint against Chief U.S. District Judge James E. Boasberg of Washington, D.C., said U.S. Attorney General Pam Bondi in a post Monday on X, formerly known as Twitter.
The complaint alleges that Boasberg made improper comments at a March 11 meeting of the U.S. Judicial Conference when he expressed his belief that the Trump administration would “disregard rulings of federal courts” and trigger “a constitutional crisis.”
Boasberg allegedly made the comments to Chief Justice John Roberts and other federal judges at the conference.
Boasberg “attempted to transform a routine housekeeping agenda into a forum to persuade the chief justice and other federal judges of his preconceived belief that the Trump administration would violate court orders,” the complaint said.
“Although his comments would be inappropriate even if they had some basis,” the complaint said, “they were even worse because Judge Boasberg had no basis—the Trump administration has always complied with all court orders.”
Publications covering the complaint include Fox News, Reuters, Courthouse News Service, Law.com, Politico and the New York Times.
Boasberg ruled April 16 that there is probable cause to find the government in criminal contempt for willfully disobeying his March 15 temporary restraining order preventing the transfer of Venezuelan immigrants from the United States into foreign custody.
The federal government transferred the deportees to a prison in El Salvador in Central America hours after he issued an injunction, Boasberg said in his April order.
Boasberg initiated contempt proceedings, even though the Supreme Court ruled April 7 that the case had been filed in the wrong venue. The Supreme Court said the immigrants could only challenge their deportation under the Alien Enemies Act of 1798 through a habeas action, which must be brought in the district in which they are confined.
Boasberg said the Supreme Court’s decision “does not excuse the government’s violation.” The U.S. Court of Appeals for the District of Columbia Circuit paused the contempt proceedings in April, according to the New York Times.
The misconduct complaint said throughout the litigation involving the Venezuelans, who are “violent Tren de Aragua terrorists,” Boasberg “rushed the government through complex litigation.” At times, he gave the Trump administration less than 48 hours to respond, the complaint said.
Boasberg’s remarks to the Judicial Conference undermined the integrity and impartiality of the judiciary, the complaint asserted.
“Litigants expect that every judge will decide matters based on the facts and the law before them, not on preconceived notions that government officials will violate the law,” according to the complaint.
The complaint was filed with Chief Judge Sri Srinivasan of the D.C. Circuit. It seeks an investigation by a special committee and reassignment of the deportation litigation to another judge.
The complaint also seeks “appropriate disciplinary action,” including a public reprimand, if the ethics complaint is substantiated, as well as a referral to the Judicial Conference “for consideration of impeachment-related recommendations” if willful misconduct is found.
See also:
DOJ files complaint against federal judge for alleged hostility against government lawyer
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