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Judge James Boasberg (D.D.C.) held a hearing on Monday evening to determine whether the Trump administration defied his Saturday evening order blocking the deportation of alleged members of the Tren de Aragua criminal organization pursuant to President Trump's proclamation invoking the Alien Enemies Act. See yesterday’s Roundup for the background. In response to a request from Judge Boasberg, the government submitted a declaration on Tuesday stating, among other things, that two planes carrying detainees “departed U.S. territory and airspace before 7:25 PM EDT” on Saturday and that “no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue.” (Government declaration.)
President Trump on Tuesday called for the impeachment of Judge Boasberg on Truth Social, labeling the Judge a “Radical Left Lunatic.” Chief Justice Roberts wrote in response: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.” (President Trump’s post.) (Chief Justice Roberts’s statement.)
Jack Goldsmith analyzed “where we are in the dangerous power struggle between the Trump administration and the federal judiciary that is being waged at the judicial level but also quite aggressively at the political level.” (Executive Functions.) Marty Lederman examined the government’s compliance with Judge Boasberg’s order, its theory of compliance, and the administration’s Article II arguments supporting the removals. (Just Security.) Adam Isaacson is keeping a detailed timeline of the events. (Adam Isaacson.)
Judge Theodore Chuang (D.MD.) on Tuesday barred DOGE from “tak[ing] any action … relating to the shutdown of USAID” and directed DOGE to reinstate the access of USAID employees—including those on administrative leave—to their emails and other electronic systems. (Opinion.) (Order.)
Judge Julie Rubin (D.MD.) on Monday directed the Trump administration to reinstate some funding for non-profit organizations that the Department of Education had terminated based on the organizations’ promotion or engagement with DEI. (Opinion.) (Order.)
The Metropolitan Police Department on Monday cleared the leaders of the U.S. Institute of Peace from the organization’s building, and members of DOGE entered the building and started working. Last month, President Trump issued an executive order directing the “eliminat[ion]” of the U.S. Institute of Peace “to the maximum extent consistent with applicable law.” (NYT.)
Eugene Volokh analyzed President Trump’s claims that many of President Biden’s pardons were invalid because Biden signed them using autopen. Volokh wrote that pardons seemingly do not need to be signed at all and that autopen signatures are valid. (The Volokh Conspiracy.)
James Pfander examined how the dissent in the Supreme Court’s foreign assistance case approached jurisdictional and immunity issues. He argued that the Supreme Court has made clear that federal courts have the authority to determine the legality of the president’s refusal to disburse appropriated funds and to require the president to make those payments. (The Volokh Conspiracy.)
Author’s Note: Yesterday, I wrote in the Roundup, “Two flights carrying deportees apparently landed in El Salvador after Judge Boasberg issued [the Saturday evening TRO].” It appears that three flights carrying detainees landed in El Salvador on Saturday night and early Sunday morning. The government says that one of them was carrying detainees removable on grounds other than the Alien Enemies Act.