Bipartisan group of former judges say efforts to block contempt proceedings threaten the rule of law and constitutional checks and balances

WASHINGTON, D.C.—A bipartisan and international coalition of 174 former federal and state judges, with support from Democracy Defenders Fund, filed an amicus brief today urging the D.C. Circuit to reverse a panel decision to halt Chief Judge Boasberg’s criminal contempt proceedings after the Trump administration defied court orders. In the brief, the group argues that the court’s power to enforce orders is vital to preserving its independence and authority, especially with an executive branch continually testing the limits of compliance as demonstrated under President Trump.

In 2025, Chief Judge Boasberg issued emergency orders meant to pause deportation removals while the court reviewed the legality of the Trump administration’s immigration operations following challenges from immigrant rights groups. When the administration defied those court orders, Chief Judge Boasberg found sufficient evidence to begin criminal contempt proceedings to determine whether Trump administration officials, including former Secretary of Homeland Security Kristi Noem, did so deliberately. The D.C. Circuit panel’s recent ruling to stop those criminal contempt proceedings, the amicus brief argues, creates a means for the Trump administration to defy a court order and curtail court inquiry, eroding constitutional checks and balances.

“Officials of the Executive Branch have taken an oath to uphold the Constitution—a commitment they violate where they willfully defy a court order. Moreover, these officials, by virtue of the resources and powers of their offices, are in an especially strong position to challenge or seek clarification of purportedly erroneous or unclear court orders through proper legal channels. The attempt to use those powers to defy a court order and then seek to avoid scrutiny of that defiance is a profound abuse of power and violation of the separation of powers,” the brief states.

Read the full brief here.

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