Judge accuses DOJ of defiance, raising fears of constitutional crisis

An escalating standoff between the Justice Department and a federal judge is sparking concerns of a potential constitutional crisis.

(CNN)-An escalating standoff between the Justice Department and a federal judge is sparking concerns of a potential constitutional crisis. U.S. District Judge James Boasberg has accused the DOJ of defying his orders—possibly twice—in a contentious immigration case. He stated the department “evaded its obligations” by failing to provide information about whether it disobeyed his directives last weekend. “We’re starting to really get close to the line of open defiance,” said former Assistant U.S. Attorney Elie Honig.

At the center of the dispute is whether immigration officials can use a wartime law, the Alien Enemies Act, to deport individuals without hearings. Judge Boasberg issued both oral and written restraining orders on March 15, blocking deportation flights related to the case. However, the White House acknowledges that three such flights took off that same night.

Honig criticized the DOJ’s handling of the situation, saying, “No thank you, Your Honor—which DOJ has now been saying for three consecutive days—that’s not a menu option.” Boasberg has now given the DOJ until Tuesday to prove it did not violate his orders. Former Deputy Assistant Attorney General Tom Dupree weighed in, saying, “I don’t think we’ve quite hit constitutional crisis point, but we are definitely in constitutional showdown territory right now.”