Summary
A federal judge criticized a Trump administration Justice Department lawyer who claimed they didn’t have to follow the judge’s oral order blocking deportations to El Salvador because it wasn’t in writing.
Judge Boasberg questioned why the administration ignored his directive to return immigrants to the US. The DOJ lawyer repeatedly refused to provide information about the deportations, citing “national security concerns.”
Frustrated, Boasberg ordered sworn declarations explaining what happened, quipping that he would issue a written order “since apparently my verbal orders don’t seem to carry much weight.”
Judge Boasberg does have one other card he can play, according to FRCJ Rule 4.1(b). If the US Marshal service is unable or unwilling to carry out a federal court order, the Judge who issued the order can deputize individuals to carry it out.
Sounds like a “well-ordered militia” is called for.
Could they deputize, say, the military?
Not just the military. I draw your attention to this, emphasis mine
Section (b) says:
The line:
is interesting because it does not specify who is qualified to be appointed. Now, I am concerned that this language means that Judge Boasberg may only appoint one person, but if he seems it necessary, he could probably get away with appointing more.