WASHINGTON — The U.S. Court of Appeals for the District of Columbia Circuit heard three hours of arguments Tuesday regarding a federal judge's contempt investigation into the Trump administration. District Court Chief Judge James Boasberg seeks to continue his inquiry into whether administration officials ignored an order blocking the deportation of Venezuelan migrants.
Justice Department attorney Brett Shumate argued before the full D.C. Circuit that Boasberg's investigation is "unlawful, unnecessary and futile." Shumate said a prosecutor, not a judge, is responsible for investigating crimes.
"What's gone off the rails in this case is that the district court has purported to investigate," Shumate said. This argument presents the dispute as a jurisdictional clash over the separation of judicial and prosecutorial powers.
Judge Patricia Millett, nominated to the court by Democratic President Barack Obama, questioned Shumate on the judiciary's role. Millett asked, "Are district courts allowed to decide if people have engaged in contempt in front of them?"
Shumate said, "The district court loses the authority to investigate." Millett said, raising her voice to clarify, "That's not my question. This is all about wordplay here on what you mean by the word ‘investigate.’"
The hearing showed skepticism from the full court regarding the government's stance. Judges on the D.C. Circuit suggested Boasberg should be able to identify other possible targets for a contempt investigation before referring the matter to a prosecutor. They did not indicate when they would issue a ruling.
This proceeding continues a conflict between President Donald Trump and the federal courts. Federal judges have frequently blocked administration policies and actions since Trump took office in January 2025.
The contempt probe stems from a temporary restraining order Boasberg issued on March 15, 2025. This order barred the administration from transferring groups of Venezuelan migrants to El Salvador under an 18th-century law.
Despite Boasberg's order, two planeloads of migrants departed the U.S. for El Salvador. Upon arrival, these migrants were locked in a prison described as one of the world’s most violent.
Boasberg issued a verbal order for the aircraft to turn around after learning of the departures. The administration denied violating either the verbal order or a subsequent written order.
However, Boasberg has maintained that the Trump administration may have acted in bad faith by attempting to rush Venezuelan migrants out of the country. The administration previously said then-Homeland Security Secretary Kristi Noem was responsible for the transfer decision.
In April, a divided panel of three D.C. Circuit judges had ruled that Boasberg must end what they called his "intrusive" contempt investigation. The full court's current review opens the possibility of reversing that earlier decision and allowing Boasberg to proceed with his inquiry.
