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On The Merits

If Trump Keeps Defying Courts, What's the Endgame for Judges?

Apr 22, 2025
19:45

Judge James Boasberg began the process of holding Trump administration officials in contempt of court last week as he struggles to get them to follow his orders around the deportation of alleged Venezuelan gang members.


That contempt process was halted a few days later by an appellate court, but Boasberg's actions raised questions about how it might play out if he or another federal judge did eventually fine or attempt to jail recalcitrant executive branch officials. Could Justice Department lawyers get arrested? Would the U.S. Marshals Service be arresting them? And what if the president orders it not to?


On today's episode of our podcast, On The Merits, Rutgers University law professor David Noll walks us through how these contempt proceedings might work and what the personal consequences would be for Justice Department lawyers caught up in an escalating standoff. Noll also talks about how judges may be able to get around a President who orders US Marshals to stand down: deputizing local police officers.


Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

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