DOJ's misconduct case against the deportation flight judge had a big problem: no proof

"Driving the news: The DOJ alleged last summer that Boasberg raised concerns at a Judicial Conference session that the Trump administration would "disregard rulings" and trigger a "constitutional crisis." In his Dec. 19 order, Judge Jeffrey Sutton noted the department provided no evidence of Boasberg's comment, which was reported by conservative outlet The Federalist. Even if Boasberg made the statement, Sutton contended, it wouldn't constitute a conduct violation. The DOJ did not immediately respond to Axios' request for comment."

"What he's saying: "A recycling of unadorned allegations with no reference to a source does not corroborate them," Sutton wrote. A judge voicing "anxiety about executive-branch compliance with judicial orders, whether rightly feared or not, is not so far afield from customary topics at these meetings," he noted. Sutton also rejected claims that Boasberg defied the Supreme Court, mistreated the DOJ or made other errors in handling the case."

The DOJ alleged that Boasberg raised concerns at a Judicial Conference that the Trump administration would "disregard rulings" and trigger a "constitutional crisis." In a Dec. 19 order, Judge Jeffrey Sutton said the department provided no evidence of Boasberg's comment and concluded that even if the statement were made it would not constitute a conduct violation. Sutton wrote that unadorned allegations without a source do not corroborate themselves and observed that judicial anxiety about executive-branch compliance is a customary topic. Sutton also rejected claims that Boasberg defied the Supreme Court, mistreated the DOJ, or mishandled the case. Boasberg had earlier blocked deportations under the Alien Enemies Act, though deportation flights continued.

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