“The next step would be for the Court, pursuant to the Federal Rules of Criminal Procedure, to request that the contempt be prosecuted by an attorney for the government,” Boasberg stated.
He wrote that the Court will “appoint another attorney to prosecute the contempt” if the Government “declines” or “the interest of justice requires.”
Following the Supreme Court’s decision that essentially threw out the case.
Attorneys with the ACLU who represent the noncitizens who were sent to El Salvador requested Judge Boasberg to keep the case in D.C. in a second filing on Wednesday night.
In order to prevent the Trump administration from trying to remove anyone else under the Alien Enemies Act without giving 30 days’ notice, they requested that Judge Boasberg issue a national injunction.
Since certain noncitizens may be deported with less than a day’s notice, “making it virtually impossible” for them to contest their deportation, they contended that the relief is urgent.
