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Here鈥檚 what federal judges could do if they鈥檙e ignored by the Trump administration

Here鈥檚 what federal judges could do if they鈥檙e ignored by the Trump administration
He feels like he has *** mandate to do all of these things. It's up to *** judge to determine if the Trump administration violated *** temporary restraining order over the weekend, and if so, how to respond. He's US District Judge James Bosburg. His order Saturday evening demands the administration stop using the Alien Enemies Act to deport people without hearings, but the Trump administration says it did use that wartime law to deport hundreds of alleged gang members over the weekend. In *** statement, the press secretary says they were outside US territory by the time of the written order. She doesn't mention the judge's earlier verbal order that any flights involved turn around. They are looking to push the bounds, and they have no problem doing this. *** legal analyst says verbal orders are binding. He says the issue comes down to the location of any planes involved when the judge gave his mandate. He says if they were in US territory and left, that's ***. Violation. If they had landed, that's not. And if they were midflight. Now we're going to get into *** gray area. Analysts say what happened pushes legal boundaries in two ways. One, it sets up *** potential legal battle over deporting people without hearings. Bad pun, but it trumps every other legislation that we have. And 2, it does raise questions about whether President Trump and his team are going to follow judges' orders. I'm Miy Kiley reporting.
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Here鈥檚 what federal judges could do if they鈥檙e ignored by the Trump administration
Recent court orders slowing down or indefinitely blocking President Donald Trump鈥檚 policy blitz have raised the specter that the executive branch might openly flout the federal judiciary and prompted questions about how judges would respond.Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries. That鈥檚 in large part because it would test the power of courts to enforce rulings that are supposed to be the final word.The issue reached a fever pitch on over the weekend when the Trump administration deported hundreds of alleged gang members to El Salvador despite a federal judge鈥檚 order that the 19th Century Alien Enemies Act could not be used.Asked on Sunday night whether his administration had violated the judge鈥檚 order, Trump replied: 鈥淵ou鈥檇 have to speak to the lawyers about that.鈥滾egal experts say there are few options to force compliance with its pronouncements. Judges could hold an agency or official in civil or criminal contempt 鈥� but that鈥檚 about it.Fears that the Trump administration might deliberately break into a pattern of not following judicial rulings with which it disagrees were amplified last month when a federal judge in Rhode Island, for the second time, told the Trump administration it can鈥檛 cut off grant and loan payments after Democratic-led states complained that the administration wasn鈥檛 obeying the judge鈥檚 previous court order.A day earlier, Vice President JD Vance also created a storm of criticism when he questioned in a post on X whether courts can block any of Trump鈥檚 agenda. 鈥淛udges aren鈥檛 allowed to control the executive鈥檚 legitimate power,鈥� he wrote in part.Video below: Trump defends deportation of immigrantsThe most likely response by a court if the administration were to defy its edict would be to hold the agency acting in defiance of an order or ruling in civil contempt, which would allow a judge to levy fines on the government for its non-compliance, experts told CNN.鈥淪o you fine whoever the relevant defendant is, whether it鈥檚 secretary of the Treasury or some other official, and the fines escalate (as the non-compliance continues),鈥� said Michael Dorf, a constitutional law professor at Cornell Law School.But the issue with that, Dorf added, is that the agency or official might also ignore the imposed fines.鈥淚f they鈥檝e been willing to defy the order in the first place, they might be willing to defy the sanctions order,鈥� he said.For the moment, the Justice Department has taken the usual approach of appealing to a higher court on preliminary injunctions that have blocked various executive actions. The Alien Enemies Act has already been appealed to the D.C. U.S. Circuit Court of Appeals.Asked at the White House last month whether he鈥檒l comply with court rulings, Trump said that he will.鈥淲ell, I always abide by the courts, and then I鈥檒l have to appeal it 鈥� but then what he鈥檚 done is he鈥檚 slowed down the momentum, and it gives crooked people more time to cover up the books,鈥� Trump said. 鈥淪o yeah, the answer is I always abide by the courts, always abide by them. And we鈥檒l appeal, but appeals take a long time.鈥漁ther formal sanctions by a court, though grounded in a deep history, also come with a host of potential problems when applied to the executive branch. Should a judge decide to pursue criminal contempt, for instance, it would need to be initiated by the Justice Department 鈥� meaning it鈥檚 highly unlikely given the president鈥檚 control over that department. The U.S. Marshals Service, which enforces federal court orders, is also part of the Department of Justice.鈥淛udges are very leery of using that 鈥� and maybe appropriately so 鈥� because it鈥檚 such a hammer. The threat of sending somebody to jail is sort of a last resort,鈥� said Carl Tobias, a constitutional law professor at the University of Richmond School of Law.Judges holding government entities or officials in contempt is not unheard of. In 2021, U.S. District Judge Royce Lamberth in Washington, D.C., held the city鈥檚 jail in civil contempt but did not impose any sanctions. The judge, an appointee of former President Ronald Reagan, instead referred the jail to the Justice Department for potential civil rights violations after it failed to get treatment for a U.S. Capitol rioter who needed surgery.And presidents not complying with court orders, while novel, is also not unprecedented. Then-President Richard Nixon famously defied a court order to turn over White House tape recordings during the Watergate investigation. He ultimately did, but only after the Supreme Court ruled that he needed to hand them in.Punishment could be political, not legalDavid Cole, a Georgetown Law professor who has repeatedly argued cases before the Supreme Court on behalf of the American Civil Liberties Union, predicted that the most likely penalty a president would face for defying a court order would be political 鈥� not legal.鈥淭he response,鈥� Cole predicted, 鈥渨ould be to punish the Republican Party.鈥滲ut Cole noted that during Trump鈥檚 first term, the White House frequently lost major legal disputes, complained loudly about the judge who issued them and then did what every previous administration has done after losing: appeal.Despite 鈥渁 lot of norm-breaking,鈥� Cole said he believed people are overreading Vance鈥檚 post on X and other past statements.鈥淚f the president were to defy an order, it would cause a political firestorm,鈥� Cole said. 鈥淎nd he knows that, and he鈥檚 therefore very unlikely to do it.鈥滵orf said that the difference between how the Trump administration responded to adverse court rulings during the first term and now is 鈥渢he complete acquiescence of congressional Republicans to Trump.鈥漈hat support, he said, forecloses the possibility that Congress might use its impeachment power to punish Trump or others for potential non-compliance with a court order.Some Republicans have defended the role of the federal judiciary or pushed back on the idea that the White House might defy rulings hamstringing Trump鈥檚 agenda.Among them is Louisiana Sen. John Kennedy, a Republican on the Senate Judiciary Committee, who said last month that he supports the 鈥渓egitimacy of the federal judiciary鈥� and the judicial process.鈥淚鈥檝e disagreed with opinions before,鈥� he said. 鈥淭hat鈥檚 why God made courts of appeal. That鈥檚 why God made the U.S. Supreme Court.鈥�

Recent court orders slowing down or indefinitely blocking President Donald Trump鈥檚 policy blitz have raised the specter that the executive branch might openly flout the federal judiciary and prompted questions about how judges would respond.

Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in check for centuries. That鈥檚 in large part because it would test the power of courts to enforce rulings that are supposed to be the final word.

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The issue reached a fever pitch on over the weekend when the Trump administration deported hundreds of alleged gang members to El Salvador despite a federal judge鈥檚 order that the 19th Century Alien Enemies Act could not be used.

Asked on Sunday night whether his administration had violated the judge鈥檚 order, Trump replied: 鈥淵ou鈥檇 have to speak to the lawyers about that.鈥�

Legal experts say there are few options to force compliance with its pronouncements. Judges could hold an agency or official in civil or criminal contempt 鈥� but that鈥檚 about it.

Fears that the Trump administration might deliberately break into a pattern of not following judicial rulings with which it disagrees were amplified last month when a federal judge in Rhode Island, for the second time, told the Trump administration it can鈥檛 cut off grant and loan payments after Democratic-led states complained that the administration wasn鈥檛 obeying the judge鈥檚 previous court order.

A day earlier, Vice President JD Vance also created a storm of criticism when he questioned in a post on X whether courts can block any of Trump鈥檚 agenda. 鈥淛udges aren鈥檛 allowed to control the executive鈥檚 legitimate power,鈥� .

Video below: Trump defends deportation of immigrants

The most likely response by a court if the administration were to defy its edict would be to hold the agency acting in defiance of an order or ruling in civil contempt, which would allow a judge to levy fines on the government for its non-compliance, experts told CNN.

鈥淪o you fine whoever the relevant defendant is, whether it鈥檚 secretary of the Treasury or some other official, and the fines escalate (as the non-compliance continues),鈥� said Michael Dorf, a constitutional law professor at Cornell Law School.

But the issue with that, Dorf added, is that the agency or official might also ignore the imposed fines.

鈥淚f they鈥檝e been willing to defy the order in the first place, they might be willing to defy the sanctions order,鈥� he said.

For the moment, the Justice Department has taken the usual approach of appealing to a higher court on preliminary injunctions that have blocked various executive actions. The Alien Enemies Act has already been appealed to the D.C. U.S. Circuit Court of Appeals.

Asked at the White House last month whether he鈥檒l comply with court rulings, Trump said that he will.

鈥淲ell, I always abide by the courts, and then I鈥檒l have to appeal it 鈥� but then what he鈥檚 done is he鈥檚 slowed down the momentum, and it gives crooked people more time to cover up the books,鈥� Trump said. 鈥淪o yeah, the answer is I always abide by the courts, always abide by them. And we鈥檒l appeal, but appeals take a long time.鈥�

Other formal sanctions by a court, though grounded in a deep history, also come with a host of potential problems when applied to the executive branch. Should a judge decide to pursue criminal contempt, for instance, it would need to be initiated by the Justice Department 鈥� meaning it鈥檚 highly unlikely given the president鈥檚 control over that department. The U.S. Marshals Service, which enforces federal court orders, is also part of the Department of Justice.

鈥淛udges are very leery of using that 鈥� and maybe appropriately so 鈥� because it鈥檚 such a hammer. The threat of sending somebody to jail is sort of a last resort,鈥� said Carl Tobias, a constitutional law professor at the University of Richmond School of Law.

Judges holding government entities or officials in contempt is not unheard of. In 2021, U.S. District Judge Royce Lamberth in Washington, D.C., held the city鈥檚 jail in civil contempt but did not impose any sanctions. The judge, an appointee of former President Ronald Reagan, instead referred the jail to the Justice Department for potential civil rights violations after it failed to get treatment for a U.S. Capitol rioter who needed surgery.

And presidents not complying with court orders, while novel, is also not unprecedented. Then-President Richard Nixon famously defied a court order to turn over White House tape recordings during the Watergate investigation. He ultimately did, but only after the Supreme Court ruled that he needed to hand them in.

David Cole, a Georgetown Law professor who has repeatedly argued cases before the Supreme Court on behalf of the American Civil Liberties Union, predicted that the most likely penalty a president would face for defying a court order would be political 鈥� not legal.

鈥淭he response,鈥� Cole predicted, 鈥渨ould be to punish the Republican Party.鈥�

But Cole noted that during Trump鈥檚 first term, the White House frequently lost major legal disputes, complained loudly about the judge who issued them and then did what every previous administration has done after losing: appeal.

Despite 鈥渁 lot of norm-breaking,鈥� Cole said he believed people are overreading Vance鈥檚 post on X and other past statements.

鈥淚f the president were to defy an order, it would cause a political firestorm,鈥� Cole said. 鈥淎nd he knows that, and he鈥檚 therefore very unlikely to do it.鈥�

Dorf said that the difference between how the Trump administration responded to adverse court rulings during the first term and now is 鈥渢he complete acquiescence of congressional Republicans to Trump.鈥�

That support, he said, forecloses the possibility that Congress might use its impeachment power to punish Trump or others for potential non-compliance with a court order.

Some Republicans have defended the role of the federal judiciary or pushed back on the idea that the White House might defy rulings hamstringing Trump鈥檚 agenda.

Among them is Louisiana Sen. John Kennedy, a Republican on the Senate Judiciary Committee, who said last month that he supports the 鈥渓egitimacy of the federal judiciary鈥� and the judicial process.

鈥淚鈥檝e disagreed with opinions before,鈥� he said. 鈥淭hat鈥檚 why God made courts of appeal. That鈥檚 why God made the U.S. Supreme Court.鈥�