CNN senior legal analyst and former prosecutor Elie Honig said he is “stunned” after a legal dispute over deportation flights continues between a federal judge and the Department of Justice.

Newsweek reached out to the DOJ via online form for comment.

Why It Matters

Since his January 20 inauguration, President Donald Trump has implemented sweeping change, mainly through executive orders. One of his central pillars and campaign platforms was immigration.

Over the weekend, Trump implemented the Alien Enemies Act of 1798, a wartime law that grants the commander-in-chief the authority to detain or deport non-citizens.

Trump’s border czar Thomas Homan announced on Sunday on X (formerly Twitter) that nearly 250 alleged MS13 and Venezuelan Tren de Aragua gang members were deported.

The administration’s announcement followed U.S. District Judge Jeb Boasberg’s halting of deportation flights, prompting a legal debate.

What To Know

While speaking to CNN’s Jake Tapper on Wednesday, Honig discussed the DOJ rebuking Boasberg’s directive to ask for more details about the deportation flights.

“I cannot believe this judge is playing this game out further and even giving them yet again until tomorrow to decide whether they want to comply,” Honig said. “When a judge tells you something, if you’re a lawyer, again especially if you’re DOJ, it’s not optional it’s not negotiable. I’m stunned the judge has let it get this far.”

Notably, Trump called for Boasberg’s impeachment, which led to a rare comment from Supreme Court Chief Justice John Roberts on Tuesday.

“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,” Roberts said.

The DOJ’s filing on Wednesday called out the court, saying in part, “The Court has now spent more time trying to ferret out information about the Government’s
flight schedules and relations with foreign countries than it did in investigating the facts before certifying the class action in this case. That observation reflects how upside-down this case has become, as digressive micromanagement has outweighed consideration of the case’s legal issues.”

What People Are Saying

Republican Congressman Brandon Gill of Texas, on X: “President Trump is lawfully using his power under the Alien Enemies Act & the Constitution to deport ruthless gang members. What’s NOT lawful is a rogue D.C. judge usurping his authority as Commander in Chief. Judge Boasberg’s power grab is illegal and impeachable.”

Republican Congressman Mike Collins of Georgia, on X: “I’ve joined with @RepBrandonGill to hold rogue federal judges accountable. We have filed to impeach radical activist Judge James Boasberg. Judges who refuse to enforce the rule of law must be held accountable.”

Democratic Representative Ilhan Omar of Minnesota, on X last week: “Trump is dusting off a 200-year-old law to terrorize immigrant communities. This is exactly why we need to pass my Neighbors Not Enemies Act to repeal this outdated law and stop its use as a weapon against immigrants just because of where they’re from.”

What Happens Next

The DOJ has until noon on Thursday to provide information regarding the flights to the judge.

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