Fox guest: “It's not going well on the potential contempt front. That's for sure. And I do think that Judge Boasberg is right about this.”
Andrew McCarthy: “They played games with him about what they were doing and he obviously hasn't forgotten that”
Published
Citation
From the April 4, 2025, edition of Fox News' America's Newsroom
DANA PERINO (HOST): Let's talk about Judge Boasberg and this continuing, just, fight between him and the Trump administration about these deportation flights. On Thursday he said, “It seems to me there's a fair likelihood that that is not correct, in fact that the government acted in bad faith throughout that day" — of course that's the day that the gang members were taken out of the country — “If you really believed everything you did that day was legal and could survive a court challenge, I can't believe you ever would have operated the way that you did." How did it go this week for the Trump administration in this case?
ANDREW MCCARTHY (GUEST): Well, it's not going well on the potential contempt front. That's for sure. And I do think that Judge Boasberg is right about this. And what I mean by that is there's two things going on here, Dana. One is, can they do this; does American law let them do this. I think the answer to that question is yes. The second thing, though, is can you do it without connecting all the dots on the due process front and the answer to that is no.
And the judges are not going to look behind the national security and foreign relations decisions, but they are going to look at the way the government went about this. And the problem I think you have with the Justice Department is that they had looked Judge Boasberg in the eye and said to him look, your honor, with all due respect, you don't have jurisdiction over planes in the air. This is a delicate national security and foreign relations matter, and you just don't have jurisdiction here. He wouldn't have liked that, and I can tell you it's very unpleasant as a prosecutor to make that kind of a disclosure to the judge, but Boasberg would have respected that. Instead, what happened is they played games with him about what they were doing and he obviously hasn't forgotten that.