Justice Dept. Files Misconduct Complaint Against Judge Boasberg

A Controversial Complaint Against a Federal Judge

The U.S. Department of Justice has taken a significant step by filing a misconduct complaint against U.S. District Court Chief Judge James Boasberg. This move comes after months of tension between the judge and the Trump administration, particularly over the deportation of Venezuelan men to El Salvador.

According to a copy of the complaint obtained by CBS News, the allegations center on Boasberg's "improper public comments about President Trump and his Administration." The complaint was initiated by Attorney General Pam Bondi, who directed her chief of staff, Chad Mizelle, to file it.

Mizelle's document highlights several instances where Boasberg's actions were deemed problematic. One such instance was Boasberg's attendance at a Judicial Conference of the United States on March 11, where he warned that the Trump administration could "disregard rulings of federal courts" and potentially trigger a "constitutional crisis."

Another point of contention is Boasberg's handling of a case involving members of the Venezuelan gang Tren de Aragua. These individuals were flown to a Salvadoran prison earlier this year under the Alien Enemies Act. Boasberg ordered the planes to turn around on March 15, after the Trump administration removed the men. He then held hearings in which he criticized the conduct of Justice Department attorneys and questioned whether the administration was acting in good faith regarding due process for those removed or planned to be removed.

Mizelle also cited Boasberg's aggressive approach during litigation, noting that he often gave the Trump administration less than 48 hours to respond. Additionally, Boasberg threatened criminal-contempt proceedings and the appointment of an outside prosecutor against senior officials for failing to comply with an order that had already been vacated.

Bondi expressed strong disapproval of Boasberg's remarks, stating that they "have undermined the integrity of the judiciary, and we will not stand for that." The complaint was addressed to the Chief Judge of the United States Court of Appeals for the District of Columbia, Sri Srinivasan. Typically, complaints about judges are first reviewed by the chief judge of the appellate circuit, who can either dismiss them or refer them to a committee for investigation. If the committee finds merit, a council of judges decides on corrective action, which may include reprimanding the judge or avoiding assigning new cases.

It’s important to note that judges can only be removed from the bench through impeachment proceedings, which require two-thirds of senators to vote in favor of removal.

Previous Similar Complaints

This is not the first time the Trump administration has filed a misconduct complaint against a judge. Earlier this year, a similar complaint was filed against D.C. District Judge Ana Reyes. The administration claimed she displayed "hostile and egregious misconduct" during a hearing in February concerning the Trump administration's attempts to ban transgender servicemembers from the military. However, the D.C. Circuit has yet to address the Reyes complaint.

CBS News has reached out to Boasberg's chambers for comment on the current situation.

Accusations of Obstructionism

Boasberg has accused the Trump administration of "obstructionism," particularly in relation to the deportation of Venezuelan migrants. In April, he stated there was probable cause to find the administration in criminal contempt over its defiance of his order to turn around planes carrying these migrants bound for El Salvador.

On March 15, dozens of migrants were placed on two planes and sent to El Salvador, despite Boasberg's order to stop the removals. In his April decision, Boasberg argued that the government's actions demonstrated a "willful disregard" for his order barring the transfer of certain migrants into Salvadoran custody under the Alien Enemies Act. This act had been used only three times in history, typically during wartime.

He further accused the administration of "increasing obstructionism" and "stonewalling" by refusing to answer basic questions about whether noncitizens removable solely under Mr. Trump's proclamation were transferred out of U.S. custody after his order.

Boasberg emphasized that the government provided no convincing reason to avoid the conclusion that they deliberately flouted the court's written order and oral command.

Public Backlash

The Trump administration has pushed back against Boasberg's actions. In March, Mr. Trump called the judge "Crooked" and demanded his impeachment. This public criticism underscores the high stakes involved in the ongoing legal battle between the judiciary and the executive branch.