The Dictatorship
ACLU asks judge to force the Trump administration to state under oath if it violated his court order
A federal judge on Monday questioned whether the Trump administration ignored his orders to turn around planes carrying deportees to El Salvador, a possible violation of the decision he’d issued minutes before.
District Judge James E. Boasberg was incredulous over the administration’s contentions that his verbal directions did not count, that only his written order needed to be followed, that it couldn’t apply to flights that had left the U.S. and that the administration could not answer his questions about the deportations due to national security issues.
Republican presidential nominee former President Donald Trump speaks along the southern border with Mexico, on Aug. 22, 2024, in Sierra Vista, Ariz. (AP Photo/Evan Vucci, File)
Republican presidential nominee former President Donald Trump speaks along the southern border with Mexico, on Aug. 22, 2024, in Sierra Vista, Ariz. (AP Photo/Evan Vucci, File)
“That’s one heck of a stretch, I think,” Boasberg replied, noting that the administration knew as the planes were departing that he was about to decide whether to briefly halt deportations being made under a rarely used 18th century law invoked by Trump about an hour earlier.
“I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace,” Boasberg added at another point.
AP AUDIO: Judge questions Trump administration on whether it ignored order to turn around deportation flights
AP Washington correspondent Sagar Meghani reports on deportations to Central America.
Deputy Associate Attorney General Abhishek Kambli contended that only Boasberg’s short written order, issued about 45 minutes after he made the verbal demand, counted. It did not contain any demands to reverse planes, and Kambli added that it was too late to redirect two planes that had left the U.S. by that time.
“These are sensitive, operational tasks of national security,” Kambli said.
The hearing over what Boasberg called the “possible defiance” of his court order marked the latest step in a high-stakes legal fight that began when President Donald Trump invoked the 1798 wartime law to remove immigrants over the weekend. It was also an escalation in the battle over whether the Trump administration is flouting court orders that have blocked some of his aggressive moves in the opening weeks of his second term.
“There’s been a lot of talk about constitutional crisis, people throw that word around. I think we’re getting very close to it,” warned Lee Gelernt of the ACLU, the lead attorney for the plaintiffs, during the Monday hearing. After the hearing, Gelernt said the ACLU would ask Boasberg to order all improperly deported people returned to the United States.
Boasberg said he’d record the proceedings and additional demands in writing. “I will memorialize this in a written order since apparently my oral orders don’t seem to carry much weight,” Boasberg said.
On Saturday night, Boasberg ordered the administration not to deport anyone in its custody through the newly-invoked Alien Enemies Act, which has only been used three times before in U.S. history, all during congressionally declared wars. Trump issued a proclamation that the law was newly in effect due to what he claimed was an invasion by the Venezuelan gang Aragua Train.
In this photo provided by El Salvador’s presidential press office, a prison guard transfers deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025. (El Salvador presidential press office via AP)
In this photo provided by El Salvador’s presidential press office, a prison guard transfers deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025. (El Salvador presidential press office via AP)
Trump’s invocation of the act could allow him to deport any noncitizen he says is associated with the gang, without offering proof or even publicly identifying them. The plaintiffs filed their suit on behalf of several Venezuelans in U.S. custody who feared they’d be falsely accused of being Tren de Aragua members and improperly removed from the country.
Told there were planes in the air headed to El Salvador, which has agreed to house deported migrants in a notorious prison, Boasberg said Saturday evening that he and the government needed to move fast. “You shall inform your clients of this immediately, and that any plane containing these folks that is going to take off or is in the air needs to be returned to the United States,” Boasberg told the government’s lawyer.
According to the filing, two planes that had taken off from Texas’ detention facility when the hearing started more than an hour earlier were in the air at that point, and they apparently continued to El Salvador. A third plane apparently took off after the hearing and Boasberg’s written order was formally published at 7:26 p.m. Eastern time. Kambli said that plane held no one deported under the Alien Enemies Act.
El Salvador’s President, Nayib Bukele, on Sunday morning tweeted, “Oopsie…too late” above an article referencing Boasberg’s order and announced that more than 200 deportees had arrived in his country. The White House communications director, Steven Cheung, reposted Bukele’s post with an admiring GIF.
Later Sunday, a widely circulated article in Axios said the administration decided to “defy” the order and quoted anonymous officials who said they concluded it didn’t extend to planes outside U.S. airspace. That drew a quick denial from White House press secretary Karoline Leavitt, who said in a statement “the administration did not ‘refuse to comply’ with a court order.”
The administration argues a federal judge does not have the authority to tell the president whether he can determine the country is being invaded under the act, or how to defend it.
After Boasberg scheduled a hearing Monday and said the government should be prepared to answer questions over its conduct, the Justice Department objected, saying it could not answer in a public forum because it involved “sensitive questions of national security, foreign relations, and coordination with foreign nations.” Boasberg denied the government’s request to cancel the hearing, which led the Trump administration to ask that the judge be taken off the case.
Kambli stressed that the government believes it is complying with Boasberg’s order. It has said in writing it will not use Trump’s invocation of the Alien Enemies Act to deport anyone if Boasberg’s order is not overturned on appeal, a pledge Kambli made again verbally in court Monday. “None of this is necessary because we did comply with the court’s written order,” Kambli said.
Boasberg’s temporary restraining order is only in effect for up to 14 days as he oversees the litigation over Trump’s unprecedented use of the act, which is likely to raise new constitutional issues that can only ultimately be decided by the U.S. Supreme Court. He had scheduled a hearing Friday for further arguments, but the two organizations that filed the initial lawsuit, the ACLU and Democracy Forward, urged him to force the administration to explain in a declaration under oath what happened.
As the courtroom drama built, so did international fallout over the deportations to El Salvador. Venezuela’s government on Monday characterized the transfer of migrants to El Salvador as “kidnappings” that it plans to challenge as “crimes against humanity” before the United Nations and other international organizations. It also accused Bukele’s government of profiting off the plights of Venezuelan migrants.
“President, I respectfully say to you, are you going to support this cruelty, this injustice … of imprisoning noble, hard-working migrants, good people, without trial, without having committed crimes in El Salvador, without any kind of sentence issued by a Salvadoran court?” President Nicolás Maduro said on state television. “Is this legal? Is it fair? Is it humane?”
Trump’s proclamation alleges Tren de Aragua is acting as a “hybrid criminal state” in partnership with Venezuela.
The Trump administration has transferred hundreds of immigrants to El Salvador even as a federal judge issued an order temporarily barring the deportations under an 18th century wartime declaration targeting Venezuelan gang members, officials said. President Trump defended the deportations, commenting ‘these were bad people.’
Families of some Venezuelans in U.S. custody scrambled to find out if their loved ones had been sent to El Salvador. Multiple immigration lawyers said they had clients who were not gang members who were being moved for possible deportation late Friday.
Franco Caraballo was held by immigration authorities during a routine check-in Feb. 3. His immigration lawyer, Martin Rosenow, said Caraballo not been accused of a crime. Caraballo’s wife believes he’s been wrongfully accused of belonging to the gang because of a tattoo he got marking his daughter’s birthday,
He called his wife Friday night in a panic because he was being handcuffed and put on a plane to an unknown destination in Texas, from where flights to El Salvador departed.
That was the last the family heard of him and he’s disappeared from the federal immigration detainee locator system. “I’ve never seen anything like this,” said Rosenow.
__
Cano reported from Caracas, Venezuela. Joshua Goodman in Miami, Michael Kunzelman in Washington, D.C., and Nicholas Riccardi in Denver contributed to this report.
The Dictatorship
Wednesday’s Mini-Report, 5.13.26
Today’s edition of quick hits.
* Warsh was confirmed with 54 votes: “The Senate voted to install Kevin Warsh as chair of the Federal Reserve on Wednesday, handing the millionaire Trump ally the reins of America’s monetary policy even as he faced skepticism over his ability to remain independent of presidential influence.”
* When Barack Obama visited China in 2009, he was greeted by Xi Jinping himself. Nearly two decades later: “President Trump arrived Wednesday night in Beijing, where he was welcomed by a military band, an honor guard, hundreds of Chinese youth waving flags and China’s vice president, Han Zheng. Such carefully designed receptions for foreign leaders telegraph Beijing’s attitude toward these visits. … This time, they sent someone who is high-level but whose position is mostly that of a figurehead — which could be a way to send a layered message.”
* All the news on inflation is bad: “Wholesale prices in April posted their highest annual increase in more than three years, signaling more nettlesome inflation as pipeline costs intensify. The producer price index rose a seasonally adjusted 1.4% for the month, much higher than the 0.5% Dow Jones consensus forecast and the upwardly revised 0.7% March increase, the Bureau of Labor Statistics reported Wednesday. This was the largest monthly gain since March 2022.”
* The bar is low, but this represents a little progress: “Republican divisions over the Iran war deepened on Wednesday as three GOP senators voted with Democrats to curtail the conflict, signaling greater headwinds for President Donald Trump as he seeks to stem economic impacts that have damaged the party’s political standing. While the Democratic-led measure failed, it was the closest a war powers vote came to advancing in the Senate in the seven attempts since the war began as GOP concerns slowly grow over the path forward.”
* ICE’s newest chief: “The Department of Homeland Security has selected David Venturella, a former private prison executive, to lead U.S. Immigration and Customs Enforcement, the agency at the center of President Donald Trump’s controversial effort to detain and deport millions of undocumented immigrants. Venturella, who has served as a senior ICE adviser since February 2025, will be named acting director following the departure of Todd M. Lyons, DHS spokeswoman Lauren Bis said in a statement Tuesday.”
* In related news: “Ten thousand losses. That’s the Trump administration’s track record in court as federal judges grapple with the way ICE agents have swept through major U.S. cities and detained thousands of people in support of President Donald Trump’s aggressive deportation agenda.”
* It’s always interesting to me when discharge petitions work: “A bipartisan effort to force a vote on legislation sending fresh American security aid to Ukraine has amassed the 218 signatures needed to force a floor vote, the latest in a series of instances of rank-and-file lawmakers wresting control of the chamber’s agenda from Republican leaders.”
See you tomorrow.
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
The Dictatorship
The MAGA movement’s KKK revisionism is revealing
Ku Klux Klan denialism is in vogue for the MAGA movement these days.
As the GOP uses Jim Crow-like racial profiling and voter suppression tactics such as gerrymanderingsome Republicans are engaged in a campaign of obfuscation and misinformation to downplay allegations of racism.
And it increasingly seems that some of President Donald Trump’s supporters want to use falsehoods about the KKK to advance their goals.
Last week’s fact-free diatribe from Rep. Harriet Hageman, R-Wyo., about the KKK supposedly being a leftist organization is a prime example. As I recently wroteRepublicans have used the Justice Department’s dubious indictment of the anti-racist Southern Poverty Law Center to falsely portray racist extremism, which the SPLC tracks and investigates, as either nonexistent or a liberal contrivance. This tactic mirrors rhetoric deployed by conservatives who sought to deny the threat of the KKK during its rise, or even its mere existence.
The aforementioned falsehoods about the SPLC were the subject of an exchange Hageman had with conservative podcaster Winston Marshall in which she made the demonstrably false claim that the KKK, Nazis and the Aryan Nation are “far-left organizations” and “always have been.”
Hageman told Marshall:
The Aryan Nation, the Nazis and the KKK are not far-right organizations. Those are far-left organizations, and they always have been. The KKK was created and started by the Democrats in the United States to prevent Blacks from being able to participate in the political arena, if you will. So I’m going to say they’ve never been associated with the right; they’ve always been associated with the left.
This is the kind of derangement that would make a reputable historian weep.
And you can see in Hageman’s comments why speaking of politics in directional terms (i.e., “right” vs. “left”) is flawed. The KKK has never been liberal and essentially has always been a conservative group of Christian white supremacists. Some Republicans — particularly Black supporters of Trump’s, as we have seen lately — like to portray Democrats as the party of the KKK because at the time of the organization’s rise, the white Christian conservatives most vehemently opposed to Black civil rights called themselves Democrats.
But in reality, the KKK didn’t belong to any particular party, and the Democratic Party didn’t create it. People suggesting otherwise are most likely trying to score cheap political points.
As historian Elaine Frantz explained in a 2011 essay titled “Klan Skepticism and Denial in Reconstruction-Era Public Discourse,” the conspiracy to turn a blind eye to the KKK and its racist terrorism was a bipartisan project:
While Klansmen and their Democratic political allies deliberately spread doubt about Klan reports, they could not have succeeded as thoroughly as they did without the substantial, if intermittent, collaboration of their Republican opponents.
Hageman and some of her fellow Trump supporters apparently don’t want Republicans to be associated with racists, but pseudointellectual diatribes on American history are not the way to avoid that. Instead, I’d suggest not using phrases popularized by the KKK decades ago, such as “America First,” and refraining from celebrating former klan leaders, like Nathan Bedford Forrest.
And, of course, ceasing the GOP’s demonstrable and devastating political crusade against Black people would go a long way.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
The Dictatorship
Raskin wants answers from Todd Blanche about alleged payments to fired FBI agents
The Trump administration allegedly paid off FBI agents fired or punished for misconduct, including one who impeded a probe into a white nationalist group and another agent who appeared at the Capitol during the Jan. 6 insurrection.
Those are the bombshell claims at the heart of a new probe Maryland Democratic Rep. Jamie Raskin opened Tuesday into the Justice Department, Acting Attorney General Todd Blanche and FBI Director Kash Patel.
Raskin “launched an investigation into a scheme inside the Department of Justice (DOJ) to direct millions of taxpayer dollars to FBI agents fired for serious misconduct, many of whom are aligned with Donald Trump,” according to a press release announcing the probe.
Raskin’s letter to Blanche demands details on the alleged payouts, which Raskin said were negotiated by Empower Oversight, a well-funded conservative activist group linked to Iowa Sen. Chuck Grassley that has focused on MAGA conspiracy theories under the guise of defending “whistleblowers.”
Raskin cites as an example an FBI agent who allegedly received a payout and reinstatement at the FBI after being removed for refusing to participate in a probe of the white supremacist group Patriot Front, which has been involved in acts of violence and intimidation toward Black people and immigrants. Raskin said this occurred despite revelations that the agent also “engaged in commercial sex overseas while on an official FBI assignment—unequivocal grounds for security clearance revocation and dismissal from the FBI.” The letter notes the agent was reinstated under Patel.
This claim seems particularly noteworthy in light of the Trump Justice Department’s indictment of the Southern Poverty Law Centerwhich investigates racist extremism and has even previously assisted the DOJ in such investigations. The SPLC is seemingly being targeted for purported fraud in connection with its work against white supremacist groups. Meanwhile, Raskin’s allegation is that the Justice Department rewarded someone for refusing to investigate white supremacy.
Raskin’s list of alleged payouts overseen by Blanche or Patel includes an agent who was reinstated and given more than $100,000 by the department after a court declined to reinstate him after he leaked details of a probe into the far-right group Project Veritas to the media. The representative also references an agent who was reinstated and given his security clearance back after facing punishment over documents, including photos and video, that showed him in a restricted area during the Jan. 6 insurrection at the U.S. Capitol back in 2021.
“There are many more examples of these indefensible and lawless payments,” Raskin’s letter to Blanche claims.
The letter demands a list of all FBI or DOJ employees who have received settlements or back pay after being fired or disciplined for alleged misconduct, and all documents pertaining to the negotiations.
Raskin lays out the picture of a lawless regime that prioritizes loyalty to the president — the first to be convicted of a felony — and subservience to his political agenda over seemingly all else. If the allegations are accurate, it’s a disturbing development, but arguably a predictable one.
The DOJ did not immediately respond to MS NOW’s request for comment.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.
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